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Author : Matt Killingsworth,Tim McCormack
Publisher : Cambridge University Press
Page : 263 pages
File Size : 41,5 Mb
Release : 2023-12-31
Category : Law
ISBN : 9781108488495
An interdisciplinary study of how notions of civility and barbarism continue to undermine the universalist underpinnings of the laws of war.
Author : Matt Killingsworth,Tim McCormack
Publisher : Cambridge University Press
Page : 263 pages
File Size : 53,8 Mb
Release : 2023-12-31
Category : Law
ISBN : 9781108800723
Efforts to moderate conflict are as old as conflict itself. Throughout the ages, restraint in warfare has been informed by religious and ethical considerations, chivalry and class, and, increasingly since the mid-19th century, a body of customary and treaty law variously referred to as the laws of war, the law of armed conflict (LOAC) or international humanitarian law (IHL). As they evolved from the mid-19th century, these laws were increasingly underpinned by humanitarianism, then in the mid-20th century, were assumed to be universal. But violations of these restraints are also as old as conflict itself. The history of conflict is replete with examples of exclusions from protections designed to moderate warfare. This edited volume explores the degree to which protections in modern warfare might be informed by notions of 'civility' and 'barbarism', or, to put it another way, asks if only those deemed to be civilised are afforded protections prescribed by the laws of war?
Author : Mats Deland,Mark Klamberg,Pål Wrange
Publisher : Routledge
Page : 232 pages
File Size : 45,6 Mb
Release : 2018-10-03
Category : History
ISBN : 9781351104425
In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.
Author : Jean Simon Pictet
Publisher : Martinus Nijhoff Publishers
Page : 114 pages
File Size : 52,6 Mb
Release : 1985-09-30
Category : Law
ISBN : 9024731992
The main aim of this book is to inquire into the system of norms regulating the 'internationalization' of internal conflicts. The traditional distinction between international & internal conflict, which entails different legal consequences, is in practice very difficult to detect due to the presence, in many instances, of elements typical of both situations. Through a careful & extraordinarily useful examination of all relevant cases of 'internationalized' internal conflict since 1956, the validity of the traditional framework of rules concerning foreign intervention in internal conflict is reassessed. At the same time, the applicability to these situations of the rules typical of international conflicts are analyzed with a view to providing the existence of a continuum between the two situations, not only as a matter of fact but also with respect to their legal regulation.
Author : Anonim
Publisher : BRILL
Page : 513 pages
File Size : 46,5 Mb
Release : 2021-07-19
Category : Law
ISBN : 9789004461802
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Author : Suzannah Linton,Tim McCormack,Sandesh Sivakumaran
Publisher : Cambridge University Press
Page : 926 pages
File Size : 49,8 Mb
Release : 2019-11-07
Category : Law
ISBN : 1108497241
Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.
Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 43,7 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author : William H. Boothby,Wolff Heintschel von Heinegg
Publisher : Cambridge University Press
Page : 481 pages
File Size : 53,5 Mb
Release : 2018-03-29
Category : History
ISBN : 9781108427586
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Author : Hew Strachan
Publisher : Cambridge University Press
Page : 337 pages
File Size : 44,9 Mb
Release : 2013-12-05
Category : History
ISBN : 9781107047853
A major contribution to our understanding of contemporary warfare and strategy by one of the world's leading military historians.
Author : Ikechi Mgbeoji
Publisher : UBC Press
Page : 204 pages
File Size : 51,9 Mb
Release : 2003
Category : History
ISBN : 0774810378
Africa's notorious civil wars and seemingly endless conflicts constitute one of the most intractable threats to global peace and security in the post-Cold War era. This book provides both a superb analysis of the historical dysfunction of the postcolonial African state generally and, more specifically, a probing critique of the crisis that resulted in the tragic collapse of Liberia. Using a historical deconstruction and reconstruction of the theories and practice of international law and politics, Ikechi Mgbeoji ultimately shows that blame for this endless cycle of violence must be laid at the feet of both the Western powers and African states themselves. He further posits that three measures--a reconstructed regime of African statehood, legitimate governance, and reform of the United Nations Security Council--are imperative for the creation of a stable African polity. Collective Insecurity will be of interest to students and practitioners of international law and international relations, and those with an interest in security studies, politics, and African studies.
Author : Sigrid Redse Johansen
Publisher : Cambridge University Press
Page : 451 pages
File Size : 42,5 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781108493925
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Author : Gentian Zyberi,Kevin T. Mason
Publisher : Cambridge University Press
Page : 575 pages
File Size : 44,7 Mb
Release : 2013-06-27
Category : Law
ISBN : 9781107036444
This book presents an institutional perspective on realizing the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.
Author : John Adlam,Tilman Kluttig,Bandy Lee
Publisher : Jessica Kingsley Publishers
Page : 264 pages
File Size : 46,8 Mb
Release : 2018-05-03
Category : Psychology
ISBN : 9781784509682
This is a provocative collection exploring the different types of violence and how they relate to one another, examined through the integration of several disciplines, including forensic psychotherapy, psychiatry, sociology, psychosocial studies and political science. By examining the 'violent states' of mind behind specific forms of violence and the social and societal contexts in which an individual act of human violence takes place, the contributors reveal the dynamic forces and reasoning behind specific forms of violence including structural violence, and conceptualise the societal structures themselves as 'violent states'. Other research often stops short at examining the causes and risk factors for violence, without considering the opposite states that may not only mitigate, but allow for a different unfolding of individual and societal evolution. As a potential antidote to violence, the authors prescribe an understanding of these 'creative states' with their psychological origins, and their importance in human behaviour and meaning-seeking. Making a call to move beyond merely mitigating violence to the opposite direction of fostering creative potential, this book is foundational in its capacity to cultivate social consciousness and effect positive change in areas of governance, policy-making, and collective responsibility. Volume 2: Human Violence and Creative Humanity explores violent states of mind, behavioural or subjective, interpersonal violence (including self-injury) and the fine distinctions between violent and creative states of mind.
Author : Evgeni Moyakine
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2015
Category : Government liability (International law)
ISBN : 1780682816
In the modern globalized world, so-called private military and security companies (PMSCs) are employed by a variety of actors in times of both war and peace. They perform a plethora of services for not only international organizations, NGOs, and multinationals, but also various States. It goes without saying that, especially in areas torn apart by armed conflicts, these corporations and their personnel can and sometimes do engage in different types of misconduct that may constitute violations of international law. There are still regulatory gaps in the national and international legal frameworks applicable to PMSCs, and the lines of responsibility often remain unclear. In light of this, State responsibility becomes an important instrument for attaining justice and ensuring respect for international law by private contractors. This book investigates the possibility of applying the doctrine of State responsibility to the employment of PMSCs in areas affected by conflicts and to breaches of international law committed by these companies and their personnel. It examines an array of circumstances in which the unlawful conduct of PMSCs and their staff may be attributed to States under international law and the extent of such attribution. The study further analyzes the application of positive obligations imposed on States and the scope of this application. (Series: School of Human Rights Research - Vol. 67) Subject: International Law, Humanitarian Law, Human Rights Law, Security Studies, Military Studies]
Author : Emmanuelle Jouannet
Publisher : Cambridge University Press
Page : 327 pages
File Size : 41,7 Mb
Release : 2012-01-26
Category : Law
ISBN : 9781107018945
Emmanuelle Jouannet explores the concept of international law from the European Enlightenment to the post-Cold War world.
