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The Military Commissions scheme established by President George W.
Bush in November 2001 has garnered considerable national and
international controversy. In parallel with the detention
facilities at Guantanamo Bay, Cuba, the creation of military courts
has focused significant global attention on the use of such courts
as a mechanism to process and try persons suspected of committing
terrorist acts or offenses during armed conflict. This book brings
together the viewpoints of leading scholars and policy makers on
the topic of exceptional courts and military commissions with a
series of unique contributions setting out the current state of the
field. The book assesses the relationship between such courts and
other intersecting and overlapping legal arenas including
constitutional law, international law, international human rights
law, and international humanitarian law. By examining the
comparative patterns, similarities, and disjunctions arising from
the use of such courts, this book also analyzes the political and
legal challenges that the creation and operation of exceptional
courts produces both within democratic states and for the
international community.
Gender oppression has been a feature of war and conflict throughout
human history, yet until fairly recently, little attention was
devoted to addressing the consequences of violence and
discrimination experienced by women in post-conflict states.
Thankfully, that is changing. Today, in a variety of post-conflict
settings--the former Yugoslavia, Afghanistan, Colombia, Northern
Ireland --international advocates for women's rights have focused
bringing issues of sexual violence, discrimination and exclusion
into peace-making processes.
In On the Frontlines, Fionnuala Ni Aolain, Dina Francesca Haynes,
and Naomi Cahn consider such policies in a range of cases and
assess the extent to which they have had success in improving
women's lives. They argue that there has been too little success,
and that this is in part a product of a focus on schematic policies
like straightforward political incorporation rather than a broader
and deeper attempt to alter the cultures and societies that are at
the root of much of the violence and exclusions experienced by
women. They contend that this broader approach would not just
benefit women, however. Gender mainstreaming and increased gender
equality has a direct correlation with state stability and
functions to preclude further conflict. If we are to have any
success in stabilizing failing states, gender needs to move to fore
of our efforts. With this in mind, they examine the efforts of
transnational organizations, states and civil society in multiple
jurisdictions to place gender at the forefront of all post-conflict
processes. They offer concrete analysis and practical solutions to
ensuring gender centrality in all aspects of peace making and peace
enforcement."
The terrorist attacks of September 11, 2001, and the ensuing 'war
on terror' have focused attention on issues that have previously
lurked in a dark corner at the edge of the legal universe. This
book presents a systematic and comprehensive attempt by legal
scholars to conceptualize the theory of emergency powers, combining
post-September 11 developments with more general theoretical,
historical and comparative perspectives. The authors examine the
interface between law and violent crises through history and across
jurisdictions, bringing together insights gleaned from the Roman
republic and Jewish law through to the initial responses to the
July 2005 attacks in London. Three models of emergency powers are
used to offer a conceptualization of emergency regimes, giving a
coherent insight into law's interface with and regulation of crisis
and a distinctive means to evaluate the legal options open to
states for dealing with crises.
Traditionally, much of the work studying war and conflict has
focused on men. Men commonly appear as soldiers, commanders,
casualties, and civilians. Women, by contrast, are invisible as
combatants, and, when seen, are typically pictured as victims. The
field of war and conflict studies is changing: more recently,
scholars of war and conflict have paid increasing notice to men as
a gendered category and given sizeable attention to women's
multiple roles in conflict and post-conflict settings. The Oxford
Handbook of Gender and Conflict focuses on the multidimensionality
of gender in conflict, yet it also prioritizes the experience of
women, given both the changing nature of war and the historical
de-emphasis on women's experiences. Today's wars are not staged
encounters involving formal armies, but societal wars that operate
at all levels, from house to village to city. Women are necessarily
involved at each level. Operating from this basic intellectual
foundation, the editors have arranged the volume into seven core
sections: the theoretical foundations of the role of gender in
violent conflicts; the sources for studying contemporary conflict;
the conflicts themselves; the post-conflict process; institutions
and actors; the challenges presented by the evolving nature of war;
and, finally, a substantial set of case studies from across the
globe. Genuinely comprehensive, this Handbook will not only serve
as an authoritative overview of this massive topic, it will set the
research agenda for years to come.
The Military Commissions scheme established by President George W.
Bush in November 2001 has garnered considerable national and
international controversy. In parallel with the detention
facilities at Guantanamo Bay, Cuba, the creation of military courts
has focused significant global attention on the use of such courts
as a mechanism to process and try persons suspected of committing
terrorist acts or offenses during armed conflict. This book brings
together the viewpoints of leading scholars and policy makers on
the topic of exceptional courts and military commissions with a
series of unique contributions setting out the current state of the
field. The book assesses the relationship between such courts and
other intersecting and overlapping legal arenas including
constitutional law, international law, international human rights
law, and international humanitarian law. By examining the
comparative patterns, similarities, and disjunctions arising from
the use of such courts, this book also analyzes the political and
legal challenges that the creation and operation of exceptional
courts produces both within democratic states and for the
international community.
The terrorist attacks of September 11, 2001, and the ensuing 'war
on terror' have focused attention on issues that have previously
lurked in a dark corner at the edge of the legal universe. This
book presents the first systematic and comprehensive attempt by
legal scholars to conceptualize the theory of emergency powers,
combining post-September 11 developments with more general
theoretical, historical and comparative perspectives. The authors
examine the interface between law and violent crises through
history and across jurisdictions, bringing together insights
gleaned from the Roman republic and Jewish law through to the
initial responses to the July 2005 attacks in London. Three unique
models of emergency powers are used to offer a novel
conceptualization of emergency regimes, giving a coherent insight
into law's interface with and regulation of crisis and a
distinctive means to evaluate the legal options open to states for
dealing with crises.
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