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Showing 1 - 19 of 19 matches in All Departments
This is the first comprehensive treatment of international law and policy on the protection of civilians in armed conflict. In addition to international humanitarian and human rights law, jus ad bellum, disarmament law, and international criminal law are all critical to civilian protection. The book offers in-depth analysis and explanation of the normative framework while also outlining and discussing the policies of concerned States and international and humanitarian organisations. The role of the United Nations as a key actor is considered along with regional organisations such as the African Union, the European Union, and NATO. Particular attention is given to those at direct risk of harm during armed conflict, including children, women, persons with disabilities, and LGBTI persons.
A new nuclear arms race is underway between Russia and the United States, one that focuses on the technology of delivery of nuclear warheads. This book describes how and why this race is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. A global nuclear ban treaty entered into force in January 2021, but the nuclear powers kept distant. The last remaining treaty restraining the arsenals of the two nuclear superpowers will expire in less than five years' time and the risk is that other States will turn to nuclear arms for their defence, further fracturing the non-proliferation regime installed after the Cuban missile crisis.
The Right to Life under International Law offers the first-ever comprehensive treatment under international law of the foundational human right to life. It describes the history, content, and status of the right, considers jurisdictional issues, and discusses the application of the right to a wide range of groups, such as women, children, persons with disabilities, members of minorities, LGBTI persons, refugees, and journalists. It defines the responsibility of not only governments but also the private sector, armed groups, and non-governmental organisations to respect the prohibition on arbitrary deprivation of life. It also explains the nature and substance of the duty to investigate potentially unlawful death as well as the mechanisms at global and regional level to promote respect for the right to life.
Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.
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.
International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.
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.
Disarmament is integral to the safeguarding and promotion of security, development, and human rights. Hundreds of millions of dollars are spent each year on disarmament operations, yet no comprehensive guide exists to explain clearly the international rules governing disarmament. This book seeks to fill that gap. It describes the international legal rules that govern disarmament and the operational, political, and technical considerations that govern their implementation. This book aims to support compliance, implementation, and further development of international disarmament law. Traditionally, disarmament focused on weapons of mass destruction. This remains a critically important area of work. In recent decades, the scope of disarmament has broadened to encompass also conventional weapons, including through the adoption of rules and regulations to govern arms transfers and measures to eliminate specific munitions from stockpiles and to destroy explosive remnants of war. There have also been four "generations" of programmes to address small arms and light weapons at national or sub-national level through disarmament, demobilisation, and reintegration (DDR) programmes during and following the end of armed conflict. While an internationally accepted definition of disarmament does not yet exist, it is widely agreed that disarmament encompasses or interrelates with prohibitions and restrictions on the development, production, stockpiling, testing, and transfer of weapons and on their destruction. In addition to clarifying these elements, chapters of this guide will also consider the relationship between disarmament and the law of armed conflict, and with the United Nations Security Council, human security, public health, and non-state actors.
Disarmament is integral to the safeguarding and promotion of security, development, and human rights. Hundreds of millions of dollars are spent each year on disarmament operations, yet no comprehensive guide exists to explain clearly the international rules governing disarmament. This book seeks to fill that gap. It describes the international legal rules that govern disarmament and the operational, political, and technical considerations that govern their implementation. This book aims to support compliance, implementation, and further development of international disarmament law. Traditionally, disarmament focused on weapons of mass destruction. This remains a critically important area of work. In recent decades, the scope of disarmament has broadened to encompass also conventional weapons, including through the adoption of rules and regulations to govern arms transfers and measures to eliminate specific munitions from stockpiles and to destroy explosive remnants of war. There have also been four "generations" of programmes to address small arms and light weapons at national or sub-national level through disarmament, demobilisation, and reintegration (DDR) programmes during and following the end of armed conflict. While an internationally accepted definition of disarmament does not yet exist, it is widely agreed that disarmament encompasses or interrelates with prohibitions and restrictions on the development, production, stockpiling, testing, and transfer of weapons and on their destruction. In addition to clarifying these elements, chapters of this guide will also consider the relationship between disarmament and the law of armed conflict, and with the United Nations Security Council, human security, public health, and non-state actors.
A new nuclear arms race is underway between Russia and the United States, one that focuses on the technology of delivery of nuclear warheads. This book describes how and why this race is happening, who still possesses nuclear weapons, and what constraints apply to those weapons under international law. A global nuclear ban treaty entered into force in January 2021, but the nuclear powers kept distant. The last remaining treaty restraining the arsenals of the two nuclear superpowers will expire in less than five years' time and the risk is that other States will turn to nuclear arms for their defence, further fracturing the non-proliferation regime installed after the Cuban missile crisis.
International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.
Arms control and disarmament are key elements in promoting international peace and security. In recent decades the scope of disarmament law has broadened from a traditional focus on weapons of mass destruction to encompass conventional weapons. In this new volume in the Elements series, Stuart Casey-Maslen provides a concise and objective appraisal of international arms control and disarmament law. In seven concise chapters, he traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the Non-Proliferation of Nuclear Weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control. Arms Control and Disarmament Law is an accessible, go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.
This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.
This War Report provides detailed information on every armed conflict which took place during 2013, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. In Part I, the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2013, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of the 28 conflicts identified in Part I are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include US policy on drone strikes, the use of chemical weapons in Syria, the protection of persons with a disability, and national and international war crimes trials. The Report gives a full and accessible overview of armed conflicts in 2013, making it the perfect first port of call for everyone working in the field.
Policing is commonly thought to be governed by domestic legal systems and not international law. However, various international legal standards are shown to have an impact in situations where police use force. Police Use of Force under International Law explores this tension in detail for the first time. It critically reviews the use of force by law enforcement agencies in a range of scenarios: against detainees, during protests, and in the context of counterterrorism and counterpiracy operations. Key trends, such as the growing use of private security services, are also considered. This book provides a human rights framework for police weaponry and protection of at-risk groups based on critical jurisprudence from the last twenty years. With pertinent case law and case studies to illustrate the key principles of the use of force, this book is essential reading for anyone interested in policing, human rights, state use of force or criminology.
Arms control and disarmament are key elements in promoting international peace and security. In recent decades the scope of disarmament law has broadened from a traditional focus on weapons of mass destruction to encompass conventional weapons. In this new volume in the Elements series, Stuart Casey-Maslen provides a concise and objective appraisal of international arms control and disarmament law. In seven concise chapters, he traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the Non-Proliferation of Nuclear Weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control. Arms Control and Disarmament Law is an accessible, go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.
This is a comprehensive Report on every armed conflict which took place during 2012. It is the first of a new series of annual reports on armed conflicts across the globe, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they create. In Part I the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2012, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of these conflicts are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include drone strikes, the use of explosive weapons, small arms, forced displacement of civilians, detention at Guantanamo Bay, and the enforcement of international humanitarian and criminal law in both national and international courts. The Report gives a full and accessible overview of armed conflicts in 2012. It should be the first port of call for everyone working in the field.
Given the centrality of Hague Law to the lawful prosecution of warfare, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive assessment of Hague Law, it explores questions of definitions and accountability and navigates the substantive rules and their application to different types of warfare.
Given the centrality of Hague Law to the lawful prosecution of warfare, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive assessment of Hague Law, it explores questions of definitions and accountability and navigates the substantive rules and their application to different types of warfare.
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