This book is the product of a collaborative effort involving partners from Africa, Asia, Europe and Latin America who were funded by the International Development Research Centre Programme on Women and Migration (2006-2011). The International Institute of Social Studies at Erasmus University Rotterdam spearheaded a project intended to distill and refine the research findings, connecting them to broader literatures and interdisciplinary themes. The book examines commonalities and differences in the operation of various structures of power (gender, class, race/ethnicity, generation) and their interactions within the institutional domains of intra-national and especially inter-national migration that produce context-specific forms of social injustice. Additional contributions have been included so as to cover issues of legal liminality and how the social construction of not only femininity but also masculinity affects all migrants and all women. The resulting set of 19 detailed, interconnected case studies makes a valuable contribution to reorienting our perceptions and values in the discussions and decision-making concerning migration, and to raising awareness of key issues in migrants’ rights.  All chapters were anonymously peer-reviewed. This book resulted from a series of projects funded by the International Development Research Centre (IDRC), Canada.  

This book follows the history of the international law of peace and armed conflict over the last 25 years. It highlights both the parameters that have remained the same over the years as well as the new challenges now facing international law. The articles analyze new developments concerning the prohibition of the use of force in international relations, self-determination of peoples, human rights and human security as well as international coordination of humanitarian assistance.

The legal norms of International Humanitarian Law (IHL) are the product of a compromise between humanitarian considerations and the demands of military necessity. In Searching for a 'Principle of Humanity' in International Humanitarian Law, international legal scholars consider whether humanitarian considerations have an independent legal impact on IHL beyond the formation of these norms. They ask whether a 'principle of humanity' can be said to have legal force in its own right. Moreover, the book investigates whether regional or national differences are emerging regarding the import and emphasis placed on humanitarian considerations. For instance, do states which are not directly affected by armed conflict attach a greater weight to humanitarian considerations when interpreting and applying IHL than those states which are more directly involved in armed conflicts? Specifically, this book examines whether a particular 'Nordic perspective' can be identified, owing to those states' involvement in armed conflicts outside their own territories in the post-Second World War era.

Existing international law is capable to govern the "war on terror" also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court's view, international humanitarian law is not complemented by human rights law, but human rights law is - to some degree - complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children's Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children's fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

The importance of international maritime labour law - both as a component of - ternational maritime law, and in socio-political and economic terms - has been recognised by the IMO International Maritime Law Institute for a number of years. Indeed, the Institute has annually organised a course on maritime labour law with the participation of inter alia the International Maritime Organization, the - ternational Labour Organization, the International Transport Workers' Federation, and the German Shipowners' Association. It was therefore a great pleasure when the authors invited me to introduce their forthcoming monograph on Maritime Work Law Fundamentals: Responsible S- powners Reliable Seafarers. As the title suggests, a fundamental challenge of this branch of international maritime law is to achieve a balance between the interests of the two main stakeholders. Institutionally, the effort to achieve this balance dates back a number of decades with its genesis mainly found in the work of the International Labour Organization. It has to be said that whilst this effort achieved great progress, it has led to a haphazard, plethora of legal instruments.

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

The current challenges and potential future of peacekeeping in an increasingly complex world take center stage in this far-reaching collection. Contributors advance a nuanced picture of post-conflict environments across different areas of the globe while considering possible deployments of peacekeeping, traditional military and UN forces in semi-autonomous complementary roles. Longstanding debate topics such as the need for a standing UN army and the field implementation of global right-to-protect concepts are discussed, as are emerging ideas in civilian protection, atrocity prevention and balancing triage operations with long-term peacebuilding efforts. Other dispatches chronicle key issues and concerns regarding peacekeeping operations in Brazil, China and diverse regions of Africa. Included in the coverage: Protecting strangers: reflections on a cosmopolitan peacekeeping capacity. Towards a standing UN force for peacekeeping. Challenges posed by intervention brigades and other coercive measures in support of the protection of civilians. Addressing the criminal accountability of peacekeepers. The evolution of China's role in peacekeeping and atrocity crime prevention. Businesses and investors as stakeholders in atrocity crime prevention. Multiple viewpoints, a global scope and real-world clarity make Perspectives on Peacekeeping and Atrocity Prevention an invaluable resource to advance the work of humanitarians, criminologists and students of and professionals in international relations. "This collection of articles effectively points to the challenges, complexities and sensitivities of preventing and halting mass atrocity crimes in part through the use of UN peacekeeping operations. The volume also inspires further efforts, including the integration of new and younger stakeholders, to mitigate massive human rights crimes and fully implement the Responsibility to Protect." Dr. Gyoergy Tatar Chair, Budapest Centre for the International Prevention of Genocide and Mass Atrocities "In a refreshing and engaging manner, this edited volume represents a much-needed contribution to the debate on how best to address current security threats given the limitations and the possibilities of peacekeeping and atrocity prevention. A compelling feature of the book is its exploration of often-neglected stakeholder perspectives alongside first-hand knowledge of the UN system and astute academic observations of key peacekeeping concepts, mandates and practices. Each chapter's concluding recommendations invite scholars and policy makers to critically interrogate their own beliefs, assumptions and preferred solutions for keeping the peace and preventing mass atrocity violence." Dr. Maria Stern Professor in Peace and Development Studies, School of Global Studies University of Gothenburg

With growing awareness of the devastation caused by major natural disasters, alongside integration of governance and technology networks, the parameters of humanitarian aid are becoming more global. At the same time, humanitarian instruments are increasingly recognizing the centrality of local participation. Drawing on six case studies and a survey of sixty-nine members of the relief sector, this book suggests that the key to the efficacy of post-disaster recovery is the primacy given to local actors in the management, direction and design of relief programs. Where local partnership and knowledge generation and application is ongoing, cohesive, meaningful and inclusive, disaster relief efforts are more targeted, cost-effective, efficient and timely. Governing Disasters: Engaging Local Populations in Humanitarian Relief examines the interplay between law, governance and collaborative decision making with international, state, private sector and community actors in order to understand the dynamics of a global decentralized yet coordinated process of post-disaster humanitarian assistance.

By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual's legal identity has proven to be one of the most controversial aspects in the implementation of EURAs. The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of third countries of origin and the legal standards laid out in international instruments as regards states' powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights. How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy.

International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.

The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.

The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the centre of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organisations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studing or working towards a better protection of civilians in conflict.

Given the brutality of mass atrocities, it is no wonder that one question dominates research and policy: what can we, who are not at risk, do to prevent such violence and hasten endings? But this question skips a more fundamental question for understanding the trajectory of violence: how do mass atrocities actually end? This volume presents an analysis of the processes, decisions, and factors that help bring about the end of mass atrocities. It includes qualitatively rich case studies from Burundi, Guatemala, Indonesia, Sudan, Bosnia, and Iraq, drawing patterns from wide-ranging data. As such, it offers a much needed correction to the popular 'salvation narrative' framing mass atrocity in terms of good and evil. The nuanced, multidisciplinary approach followed here represents not only an essential tool for scholars, but an important step forward in improving civilian protection.

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

This book investigates the socio-economic determinants of the emergence and persistence of Boko Haram terrorism in Nigeria. Since 2009, Boko Haram continues to capture mainstream news headlines, as well as the imagination of aspiring young Salafi-jihadists around the world who support the notion of a radical Islamist socio-political system. By providing an essential overview of the literature on Boko Haram and bridging research and current events, the authors cover a broad spectrum of topics and suggest relevant policies for addressing the problem of Boko Haram terrorism. While Boko Haram's motivations are ostensibly religious, the primary focus is on socio-economic inequality as one of the main factors that predispose the disillusioned, poverty-driven and jobless populace in the northern regions of Nigeria to take up arms against the state. The insights presented in this book will help researchers and policy-makers alike to understand the emergence of locally focused terrorist groups and insurgencies.

Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

In 1946, the judges at the International Military Tribunal at Nuremberg declared 'crimes against peace' - the planning, initiation or waging of aggressive wars - to be 'the supreme international crime'. At the time, the prosecuting powers heralded the charge as being a legal milestone, but it later proved to be an anomaly arising from the unique circumstances of the post-war period. This study traces the idea of criminalising aggression, from its origins after the First World War, through its high-water mark at the post-war tribunals at Nuremberg and Tokyo, to its abandonment during the Cold War. Today, a similar charge - the 'crime of aggression' - is being mooted at the International Criminal Court, so the ideas and debates that shaped the original charge of 'crimes against peace' assume new significance and offer valuable insights to lawyers, policy-makers and scholars engaged in international law and international relations.

The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.

With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.

The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.

War does not stop when the armed conflict ends. This compelling eyewitness account of a key political crisis in Bosnia and Herzegovina in 2007 demonstrates how interventions from foreign powers to end armed conflict can create new forms of conflict that are not only as determined and resilient, but can lead groups to challenge the power of fragile states through political and legal means. Countering such challenges is an integral but often ignored part of peace processes. How do these nonviolent wars evolve? How can the power of fragile states be challenged through nonviolent means in the aftermath of armed conflict? And what is the role of diplomacy in countering such challenges? This book offers key insights for policy makers dealing with fragile states who seek answers to such questions.