This book explores the extent to which the International Criminal Court (ICC) has influenced peace processes in Co te d'Ivoire, Kenya and Uganda. It examines how the prosecution of those who bear the greatest responsibility for crimes committed in these countries may have negatively or positively influenced the process of making peace in their wake. It is concerned with how international accountability affects post-conflict countries and what the ICC brings to peace processes. The central question addressed by the book is whether justice spurs peace in post- conflict societies or whether justice complicates the peace process. If so, how? Relying on qualitative studies in these countries, this book comparatively analyses the impact of the interventions of the ICC in Uganda (2004), Kenya (after the 2007/2008 post-election violence), and Co te d'Ivoire. Its aim is to provide an evidence-based account of how the involvement of the ICC in these countries influences the processes of promoting peace. To gauge this, Malu develops an analytical framework which is based on four variables: deterrence, victims' rights, reconciliation and accountability to the law. This book will appeal to those interested in post-conflict reconstruction, transitional justice, peace studies, conflict transformation, and international criminal law, including peace practitioners and those working in the field of international justice.

Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of "humanity". Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of "humanity" left undefined in law. The proposed theory argues that "humanity" should be understood as "humanness" and crimes against humanity should be criminalised because humanness constitutes these crimes' valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels. This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law. Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.

This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children's rights.

This new open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.

International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors - such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council - in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.

War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force. Suitable for graduate and advanced undergraduate students, this market-leading book offers a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.

The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.

The rule of law is indispensable for sustained peace, good governance, and economic growth, especially in countries recovering from civil war. Yet despite its importance, we know surprisingly little about how to restore the rule of law in the wake of conflict. In this book, Robert A. Blair proposes a new theory to explain how the international community can help establish the rule of law in the world's weakest and most war-torn states, focusing on the crucial but often underappreciated role of the United Nations. Blair tests the theory by drawing on original household surveys in Liberia, highly disaggregated data on UN personnel and activities across Africa, and hundreds of interviews with UN officials, local leaders, citizens, and government and civil society representatives. The book demonstrates that UN intervention can have a deeper, more lasting, and more positive effect on the rule of law than skeptics typically believe.

The rule of law is indispensable for sustained peace, good governance, and economic growth, especially in countries recovering from civil war. Yet despite its importance, we know surprisingly little about how to restore the rule of law in the wake of conflict. In this book, Robert A. Blair proposes a new theory to explain how the international community can help establish the rule of law in the world's weakest and most war-torn states, focusing on the crucial but often underappreciated role of the United Nations. Blair tests the theory by drawing on original household surveys in Liberia, highly disaggregated data on UN personnel and activities across Africa, and hundreds of interviews with UN officials, local leaders, citizens, and government and civil society representatives. The book demonstrates that UN intervention can have a deeper, more lasting, and more positive effect on the rule of law than skeptics typically believe.

Rejecting claims that migration is a crisis for Europe, this book instead suggests that the 'migration crisis' reflects a more fundamental breakdown of a modern European tradition of humanism. Squire provides a detailed and broad-ranging analysis of the EU's response to the 'crisis', highlighting the centrality of practices of governing migration through death and precarity. Furthermore, she unpacks a series of pro-migration activist interventions that emerge from the lived experiences of those regularly confronting the consequences of the EU's response. By showing how these advance alternative horizons of solidarity and hope, Squire draws attention to a renewed humanism that is grounded both in a deepened respect for the lives and dignity of people on the move, and an appreciation of longer histories of violence and dispossession. This book will be of interest to scholars and researchers working on migration in political science, international relations, European studies, law and sociology.

Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN's 'Purposes and Principles', nor jus cogens (peremptory norms of international law). There are also positive obligations imposed by the Geneva and Genocide Conventions in situations of war crimes and genocide - conventions to which all permanent members are parties. The author demonstrates how vetoes and veto threats have blocked the Security Council from pursuing measures that could have prevented or alleviated atrocity crimes (genocide, crimes against humanity, war crimes) in places such as Myanmar, Darfur, Syria, and elsewhere. As the practice continues despite regular condemnation by other UN member states and repeated voluntary veto restraint initiatives, the book explores how the legality of this practice could be challenged.

This is an innovative new history of famine relief and humanitarianism. The authors apply a moral economy approach to shed new light on the forces and ideas that motivated and shaped humanitarian aid during the Great Irish Famine, the famine of 1921-1922 in Soviet Russia and the Ukraine, and the 1980s Ethiopian famine. They place these episodes within a distinctive periodisation of humanitarianism which emphasises the correlations with politico-economic regimes: the time of elitist laissez-faire liberalism in the nineteenth century as one of ad hoc humanitarianism; that of Taylorism and mass society from c.1900-1970 as one of organised humanitarianism; and the blend of individualised post-material lifestyles and neoliberal public management since 1970 as one of expressive humanitarianism. The book as a whole shifts the focus of the history of humanitarianism from the imperatives of crisis management to the pragmatic mechanisms of fundraising, relief efforts on the ground, and finance. This book is also available as Open Access on Cambridge Core.

For policymakers, this book explains the ramifications under international humanitarian law of a major new field of weapon development with a focus on questions currently being debated by governments, the United Nations and other bodies. Based on a clear explanation of the principles of autonomous systems and a survey of technologies under active development as well as some that are in use today, it provides a thorough legal analysis grounded on a clear understanding of the technological realities of autonomous weapon systems. For legal practitioners and scholars, it describes the legal constraints that will apply to use of autonomous systems in armed conflict and the measures that will be needed to ensure that the efficacy of the law is maintained. More generally, it serves as a case study in identifying the legal consequences of use of autonomous systems in partnership with, or in place of, human beings.

Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.

The United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.

With more than 158,000 treaties and some 125 judicial organisations, international law has become an inescapable factor in world politics since the Second World War. In recent years, however, international law has also been increasingly challenged as states are voicing concerns that it is producing unintended effects and accuse international courts of judicial activism. This book provides an important corrective to existing theories of international law by focusing on how states respond to increased legalisation and rely on legal expertise to manoeuvre within and against international law. Through a number of case studies, covering a wide range of topical issues such as surveillance, environmental regulation, migration and foreign investments, the book argues that the expansion and increased institutionalisation of international law itself have created the structural premise for this type of politics of international law. More international law paradoxically increases states' political room of manoeuvre in world society.

The United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.

With the arrival in Europe of over a million refugees and asylum seekers in 2015, a sense of panic began to spread within the continent and beyond. What is a Refugee? puts these developments into historical context, injecting much-needed objectivity and nuance into contemporary debates over what is to be done. Refugees have been with us for a long time -- although only after the Great War did refugee movements commence on a large scale -- and are ultimately symptoms of the failure of the system of states to protect all who live within it. Providing a terse user's guide to the complex legal status of refugees, Maley argues that states are now reaping the consequences of years of attempts to block access to asylum through safe and 'legal' means. He shows why many mooted 'solutions' to the 'problem' of refugees -- from military intervention to the warehousing of refugees in camps -- are counterproductive, creating environments ripe for the growth of extremism among people who have been denied all hope. In a globalised world, he concludes, wealthy states have the resources to protect refugees.And, as his historical account shows, courageous individuals have treated refugees in the past with striking humanity. States today could do worse than emulate them.

Human Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Comprising essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may bring order to the global community.

At a time when many around the world are fleeing their homes, seeking refugee protection has become a game of chance. Partly to blame is the law that governs how refugee status decision-makers resolve their doubts. This long-neglected branch of refugee law has been growing in the dark, with little guidance from the Refugee Convention and little attention from scholars. By looking closely at the Canadian jurisprudence, Hilary Evans Cameron provides the first full account of what this law is trying to accomplish in a refugee hearing. She demonstrates how a hole in the law's normative foundations is contributing to the dysfunction of one of the world's most respected refugee determination systems, and may well be undermining refugee protection across the globe. The author uses her findings to propose a new legal model of refugee status decision-making.

In recent years, transitional justice has become increasingly international in its scope. Due to ongoing animosities, lack of political will, and the absence of credible governing or judicial institutions, international organizations, donors, and NGOs advocate for transitional justice initiatives like truth commissions or special tribunals - alongside national actors, like civil society and victims groups. This book examines how international assistance affects transitional justice, and where power truly lies in making decisions about justice for victims of massive human rights abuse. The book finds that government donors typically lack strategies for transitional justice, they struggle with information deficits, and they are constrained by short-term approaches that do not give enough attention to what is often a weak and divided civil society sector. All the authors have both practical and scholarly perspectives on transitional justice. Country case studies are provided, including descriptions of the challenges in developing data on transitional justice financing.

This book argues that the Responsibility to Protect (R2P) the Libyan people played an important role in the U.S.'s decision to act, both in terms of how the language of deliberation was framed and the implementation of the actual intervention once all preventive means had been exhausted. While the initial ethos of the intervention followed international norms, the author argues that as the conflict continued to unfold, the Obama administration's loss of focus and lack of political will for post-conflict resolution, as well as a wider lack of understanding of ever changing politics on the ground, resulted in Libya's precipitation into chaos. By examining the cases of Rwanda and Darfur alongside the interventions in Kosovo, Iraq and Afghanistan, the book discusses how these cases influenced current decision-making with regards to foreign interventions and offers a triangular framework through which to understand R2P: responsibility to prevent, react and rebuild.

This book gives a compelling analysis and explanation of shifts in China's non-intervention policy in Africa. Systematically connecting the neoclassical realist theoretical logic with an empirical analysis of China's intervention in African civil wars, the volume highlights a methodical interlink between theoretical and empirical analysis that takes into consideration the changing status of rising powers in the global system and its effect on their intervention behaviour. Based on field research and expert interviews, it provides a rigorous analysis of China's emergent intervention behaviour in some key African conflicts in Libya, South Sudan and Mali and broadens the study of external interventions in civil wars to include the intervention behaviour of non-Western rising powers. Obert Hodzi is Visiting Researcher at the African Studies Center, Boston University, USA, and Postdoctoral Researcher at the University of Helsinki, Finland.