This collection of essays brings together some of the leading legal, political and moral theorists to discuss the normative issues that arise when war concludes and when a society strives to regain peace. In the transition from war, mass atrocity or a repressive regime, how should we regard the idea of democracy and human rights? Should regimes be toppled unless they are democratic or is it sufficient that these regimes are less repressive than before? Are there moral reasons for thinking that soldiers should be relieved of responsibility so as to advance the goal of peace building? And how should we regard the often conflicting goals of telling the truth about what occurred in the past and allowing individuals to have their day in court? These questions and more are analyzed in detail. It also explores whether jus post bellum itself should be a distinct field of inquiry.

The Nuremberg trials after World War II constituted a landmark in the development of international criminal justice: presided over by jurists from the victorious powers, it set new standards for defining international war crimes. Set in motion shortly after the creation of the United Nations, the courts seemed to point toward a future in which the international community could more effectively prosecute crimes against humanity and advance the cause of justice and the rule of law throughout the world. However, the onset of the Cold War stymied all efforts to create an effective international criminal court. Neither the US nor the USSR was willing to face the possibility of being judged in a forum controlled by ideological adversaries. Despite the lack of progress, the dream of the court lived on through the 1980s, and when the Cold War ended, a new opportunity arose. After the UN's creation of temporary courts during the Balkan wars of the early 1990s, a powerful grassroots movement championing a permanent international criminal court emerged. Facing stiff resistance from the US and other powerful states, the movement triumphed against great odds. The court was established in 2002, and it now has the support of over 100 states (but not the US). The US opposes it outright and the Russians and Chinese are skeptical of it for a simple reason: as the most powerful states, they have no intention of surrendering jurisdictional authority over their own citizens to lesser powers. As a consequence, the court has faced numerous setbacks, and many have questioned whether it has any real power at all. It has ended up focusing its energies on pursuing war criminals in weak states, typically in Africa. It is now caught on the horns of a dilemma: to pursue justice, it does what it can where it can, but it cannot actually prosecute figures in powerful states. Russia will never surrender troops who may have acted badly in Georgia, and America is not about to hand over soldiers who killed civilians in Afghanistan. Yet the court has had some minor successes, and we should remember that it is still in its very early days. As the years pass, its jurisdictional authority may expand, and the norms that it advances may achieve the status of common sense. Time will tell. In Rough Justice, David Bosco tells the story of the movement to establish the court and its tumultuous first decade. He also considers its prospects for the future, especially the very real challenges that it faces. This is an authoritative account of an international institution that is prototypical of the post-Cold War era.

Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.

This book is about amnesties for grave international crimes that are adopted by states in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalize the global debate on the subject, and to offer an original framework for resolving amnesty dilemmas when they arise. Most existing literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty s position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.

This fully revised fourth edition of Constraints on the Waging of War considers the development of the principal rules of international humanitarian law from their origins to the present day. Of particular focus are the rules governing weapons and the legal instruments through which respect for the law can be enforced. Combining theory and actual practice, this book appeals to specialists as well as to students turning to the subject for the first time.

This volume, produced in co-operation with the Bonn International Center for Conversion, reviews the Russian chemical weapon destruction efforts, the factors which have hindered them and the reasons why Russian ratification of the Chemical Weapons Convention (CWC) was postponed until Autumn 1997.

In examining various aspects of the provision of security, the Small Arms Survey 2011 considers the growth of the private security industry and its firearms holdings worldwide; the firearms holdings of private security personnel; the use of private security companies by multinational corporations; the use of emerging weapons technology among Western police forces; and legislative controls over the civilian possession of firearms in 42 jurisdictions around the world. Case studies provide original research on ongoing security challenges in Cote d'Ivoire, Haiti and Madagascar. This edition also presents the 2011 Small Arms Trade Transparency Barometer, an estimate of the annual authorized trade in light weapons, and a review of developments related to small arms control at the United Nations.

Humanitarian sentiments have motivated a variety of manifestations of pity, from nineteenth-century movements to end slavery to the creation of modern international humanitarian law. While humanitarianism is clearly political, this text addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions. As an ethos, humanitarianism has a strong narrative and representational dimension that can generate humanitarian constituencies for particular causes. Essays in the volume analyze the character, form, and voice of private or public narratives themselves and explain how and why some narratives of suffering energize political movements of solidarity, whereas others do not. Humanitarianism and Suffering explores when, how, and why humanitarian movements become widespread popular movements. It shows how popular sentiments move political and social elites to action and, conversely, how national elites appropriate humanitarian ideals for more instrumental ends.

How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.

Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimize the harm inflicted on these children, and yet it is little known, or observed. This text focuses exclusively on child civilians. It addresses three main questions: what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms?; how effective is it (with reference to recent conflicts involving Iraq) in helping to achieve some protection for child civilians?; and can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law.

The essential reference work on international law, edited by two leading authors in the field is now available from Oxford University Press. This classic Ninth edition takes full account of the vast increase in the scope and content of international law since the Eighth edition, and in the range of available source material since the Eighth edition was published.

Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.

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 world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

The International Covenant on Civil and Political Rights is rapidly acquiring great influence in international law, as academics and practitioners recognize the profound scope and reach of the Covenant's provisions for the promotion and protection of individual freedom, and human rights. In this highly original collection of essays by a group of leading British scholars, the impact of the Covenant on United Kingdom law is assessed, and the relative effectiveness of the Covenant as opposed to other regionally-based human rights agreements is discussed and analysed. This is the first major scholarly assessment of the Covenant's provisions, and as such it will be of great interest not only to domestic lawyers and scholars, but to international lawyers who will recognize the importance of the examination of British State Practice with regard to the law.

For more than sixty years, the blue helmets of the United Nations peacekeeping missions have come to symbolize both the promise and the fragility of the UN. Though beset with unresolved conflicts, underfunded, and invariably burdened with sentiments of over-expectation, UN peace operations have made a difference with their 'peacebuilding' initiatives. While peacebuilding has been extensively analysed and critiqued, the UN's role in addressing and ameliorating housing, land, and property rights challenges has not. This volume seeks to fill the void by examining the UN's experience grappling with the immense and inevitable housing, land, and property rights crises that emerge in all countries during and after conflict. Through analysis of UN peace missions in Burundi, Cambodia, Iraq, Kosovo, Rwanda, Sudan and elsewhere, this volume provides a unique array of perspectives on what the UN has done right, what it has done wrong, and what it should do in the future.

Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.

Although the protection of human rights has seen a rapid growth in many areas, little attention has been paid in scholarly literature to the place of human rights in the discipline of international law. This book is an attempt to fill that gap. The inquiry is divided into two principal areas of discussion. Firstly, it looks at the relationship between human rights and humanitarian norms and customary law. Secondly, it concerns itself with the relationship between human rights and humanitarian norms on the one hand, and the law of state responsibility on the other. The author examines how contemporary human rights and humanitarian law meshes with the general principles of international law and particularly with the principles governing the international responsibility of States. The author clarifies the status of international human rights and humanitarian norms in public international law, and examines the sources, evidence, and process of the creation of such rights.

The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.