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This book is a tale of two towers,two wars and two visions. The two
towers are those of the World Trade Center in New York, destroyed
by a terrorist attack on 11 September 2001. The two wars are the
War Against Terrorism and the War on Iraq. The two visions are of
the international legal and political order for the twenty-first
century. The issues involved in the War Against Terrorism and the
War on Iraq are of fundamental importance because they may define
the shape of international order for the twenty-first century. The
book has a number of themes. First, it considers the principal
international law and international order issues involved in the
War Against Terrorism and in the War on Iraq in 2003. Specific
attention is given to the application of international humanitarian
and international human rights law in the wars. Secondly it asks
how the international debate on the Iraq War was conducted and why?
Finally it questions whether the post-1945 system of international
laws and organizations is capable of surviving, and in what form?
Chapter one outlines how the relationship between war and the
international legal order has evolved and introduces the idea of
'complexity theory' as a framework for understanding the events and
issues considered in this book. Chapter two considers the pattern
of events from the attacks on the US on 9-11 to the Iraq War 2003.
Chapter three addresses the issues of law and morality involved in
the War Against Terrorism and the War on Iraq. Chapter four focuses
on the moral and legal debate around the War on Iraq and chapter
five considers the systemic consequences for international law
doctrine and practice, giving particular weight to US policy and
approaches and how other states have responded to them. Chapter six
appraises the post-war situation in Iraq in terms of political and
economic organisation and human rights. It also assesses the
consequences of the status of post-war Iraq for the wider region.
Chapter seven concludes the book by examining the possible
implications of the War Against Terrorism and the War on Iraq for
world order in the twenty-first century.
The idea of an International Criminal Court has captured the
international legal imagination for over a century. In 1998 it
became a reality with the adoption of the Rome Statute. This book
critically examines the fundamental legal and policy issues
involved in the establishment and functioning of the Permanent
International Criminal Court. Detailed consideration is given to
the history of war crimes trials and their place in the system of
international law,the legal and political significance of a
permanent ICC, the legality and legitimacy of war crimes trials,
the tensions and conflicts involved in negotiating the ICC Statute,
the general principles of legality, the scope of defences,
evidential dilemmas, the perspective of victims, the nature and
scope of the offences within the ICC's jurisdiction - aggression,
genocide, war crimes, crimes against humanity, questions of
admissibility and theories of jurisdiction, the principle of
complementarity, national implementation of the Statute in a range
of jurisdictions, and national and international responses to the
ICC. The expert contributors are drawn from a range of national
jurisdictions - UK, Sweden, Canada, and Australia. The book blends
detailed legal analysis with practical and policy perspectives and
offers an authoritative complement to the extensive commentaries on
the ICC Statute.
The debate on multiculturalism and human rights in Europe was
reignited in 2004 by the Islamic headscarf ban in France. The legal
and political tensions thrown up by this debate are now being
witnessed in many European states. The place of religion in schools
in general, and wearing of religious dress in State schools in
particular, has become an issue across Europe. Supporters of the
right to wear the Islamic headscarf argue that the ban and similar
prohibitions infringe a number of human rights. This book examines
the issues by considering questions of language, meaning and
symbolism. In doing so it identifies the debates behind the
debates. Detailed consideration is given to the headscarf debate in
France. Comparative practice in a number of European states -
Germany, Switzerland, Spain, Italy, Belgium, the Netherlands, the
United Kingdom and Turkey - is examined. Brief consideration is
also given to a number of non-European states. The book also
outlines the role and function of an international human rights law
approach to the Islamic headscarf. It concludes with some wider
reflections on the broader political and cultural struggles that
lie behind the Islamic headscarf debate. This wider frame of
analysis reveals the deeper significance of the Islamic headscarf
bans.
The Human Rights Committee is charged with the task of monitoring
the implementation of the International Covenant on Civil and
Political Rights. Since its inception it has arguably become the
most important independent international human rights body in the
world. Through the consideration of State Reports, from over half
of the world community, and the examination of communications
submitted by individuals (under the Optional Protocol to the
Covenant), the Human Rights Committee seeks to establish a
universal human rights jurisprudence. This book analyses the
institutional characteristics of the Human Rights Committee, how it
has developed its practices and procedures under the Covenant and
the Optional Protocol, and analyses the jurisprudence of the
Committee under selected key articles of the Covenant.
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