Collective Punishment And Human Rights Law

Author : Cornelia Klocker
Publisher : Routledge
Page : 254 pages
File Size : 40,7 Mb
Release : 2020-05-10
Category : Law
ISBN : 9781000062601

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Collective Punishment and Human Rights Law by Cornelia Klocker Pdf

This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

Author : Anonim
Publisher : Human Rights Watch
Page : 138 pages
File Size : 52,8 Mb
Release : 2024-06-27
Category : Electronic
ISBN : 8210379456XXX

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Collective Punishment by Anonim Pdf

Author : Tracy Isaacs,Richard Vernon
Publisher : Cambridge University Press
Page : 321 pages
File Size : 50,8 Mb
Release : 2011-01-31
Category : Law
ISBN : 9781139497312

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Accountability for Collective Wrongdoing by Tracy Isaacs,Richard Vernon Pdf

Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished – and if so, how – or are other remedies available? The topic crosses the borders of law, philosophy and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.

Author : Shane Darcy
Publisher : BRILL
Page : 424 pages
File Size : 52,8 Mb
Release : 2007-03-30
Category : Law
ISBN : 9789047431282

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Collective Responsibility and Accountability under International Law by Shane Darcy Pdf

Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable.

Author : Richard Falk,John Dugard,Michael Lynk
Publisher : SCB Distributors
Page : 341 pages
File Size : 42,9 Mb
Release : 2023-01-15
Category : Political Science
ISBN : 9781949762556

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Protecting Human Rights in Occupied Palestine by Richard Falk,John Dugard,Michael Lynk Pdf

This book is the first comprehensive examination of UN efforts to protect Palestinian human rights in the territories occupied by Israel more than 50 years ago in the 1967 War. Working through the UN Human Rights Council in Geneva, three top international legal experts served for six consecutive years as unpaid Special Rapporteurs with a UN mandate to report on Israeli violations of international humanitarian law and human rights standards. Being outside the discipline that controls UN bureaucrats, they enjoyed a high measure of political independence in carrying out their factfinding and reporting missions. Strikingly, despite their differences in background and political outlook, they came to a unanimous consensus confirming the routine and various Israeli violations of Palestinian basic rights. This book recounts their frustrations, their trials, their experiences, and their conclusions. This joint effort breaks new ground in studies by the UN in several respects. It demonstrates both the positive role played by the UN in a politically controversial area and its blockage by geopolitical forces preventing it from securing the implementation of international law. However, the intense reactions of Israel and pro-Israeli NGOs to this UN work, most notably by UN Watch, attest to the significance of a reliable accounting of Israeli violations of Palestinian human rights Their consistent evasion of the substantive charges made by careful reporting, and recourse by Israeli supporters to discrediting, defamatory attacks on the persons of these Special Rapporteurs, with charges of anti-Semitism, the core of which is subtly shifted from its proper usage as hatred of Jews to justifiable criticism of the state of Israel. While some might argue that the UN inability to enforce international law as futile, or worse, view the UN as merely a vehicle of power politics, this book proves that international public opinion and international solidarity politics are influenced by persuasive expert findings as to international law. Such well-evidenced conclusions encourage transnational activism, as is evident from increased worldwide support for the BDS Campaign and other nonviolent external pressures. This brilliant and authoritative account of the manner in which Israel has administered the Occupied Palestinian Territory during the past 20 years should be regarded as the definitive assessment of that situation

Author : Mark A. Drumbl
Publisher : Cambridge University Press
Page : 211 pages
File Size : 40,8 Mb
Release : 2007-04-30
Category : Law
ISBN : 9781139464567

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Atrocity, Punishment, and International Law by Mark A. Drumbl Pdf

This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Author : H. Victor Condä
Publisher : U of Nebraska Press
Page : 258 pages
File Size : 47,7 Mb
Release : 1999-01-01
Category : Law
ISBN : 0803215010

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A Handbook of International Human Rights Terminology by H. Victor Condä Pdf

The many terms and legal expressions in the discourse of human rights are often unknown or misunderstood in their international context. Yet human rights have their ultimate expression in the international legal context: in international treaties, declarations, country-specific or thematic reports, decisions of administrative or quasi-judicial bodies, and court judgments, all of which employ legal terminology. The same is increasingly so in the national legal context, which looks to the international context as a source of law and legal interpretation. A Handbook of International Human Rights Terminology is a much-needed tool that provides access to the developing language of human rights and aids in full comprehension of human rights theory and issues. In this convenient handbook almost eight hundred key terms and acronyms commonly used in international and national human rights discourse are defined in non-technical language. Included are definitions of foreign language terminology, including many Latin terms. A useful appendix contains the full text of the four principal international human rights instruments that constitute the International Bill of Rights, along with an internationally accepted list of the specific substantive human rights contained in those instruments. An accessible introduction for students and newcomers to the field of human rights, this handbook will also serve as an indispensable reference for specialists.

Author : Orna Ben-Naftali
Publisher : Oxford University Press
Page : 425 pages
File Size : 54,5 Mb
Release : 2011-01-13
Category : Law
ISBN : 9780191001604

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International Humanitarian Law and International Human Rights Law by Orna Ben-Naftali Pdf

Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

Author : David Kretzmer,Yaël Ronen
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 51,8 Mb
Release : 2021
Category : Law
ISBN : 9780190696023

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The Occupation of Justice by David Kretzmer,Yaël Ronen Pdf

"This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--

Author : Susan Bitensky
Publisher : BRILL
Page : 424 pages
File Size : 42,8 Mb
Release : 2006-06-14
Category : Law
ISBN : 9789047431169

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Corporal Punishment of Children: A Human Rights Violation by Susan Bitensky Pdf

The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles. The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada). Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence. Published under the Transnational Publishers imprint.

Author : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 45,7 Mb
Release : 1978
Category : Civil rights
ISBN : OCLC:467193920

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The Universal Declaration of Human Rights by Anonim Pdf

Author : Julie Mertus,Jeffrey W. Helsing
Publisher : US Institute of Peace Press
Page : 586 pages
File Size : 48,8 Mb
Release : 2006
Category : Political Science
ISBN : 1929223773

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Human Rights and Conflict by Julie Mertus,Jeffrey W. Helsing Pdf

'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

Author : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 44,6 Mb
Release : 2001
Category : Law
ISBN : 0889369631

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The Responsibility to Protect by International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada) Pdf

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author : Anthony Cassimatis
Publisher : Martinus Nijhoff Publishers
Page : 517 pages
File Size : 51,5 Mb
Release : 2007
Category : Political Science
ISBN : 9789004163423

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Human Rights Related Trade Measures Under International Law by Anthony Cassimatis Pdf

When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

Author : Leslie Alan Horvitz,Christopher Catherwood
Publisher : Infobase Publishing
Page : 593 pages
File Size : 49,6 Mb
Release : 2014-05-14
Category : History
ISBN : 9781438110295

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Encyclopedia of War Crimes and Genocide by Leslie Alan Horvitz,Christopher Catherwood Pdf

Entries address topics related to genocide, crimes against humanity and peace, and human rights violations; profile perpetrators including Joseph Stalin, Pol Pot, and Idi Amin; and discuss institutions set up to prosecute these crimes in countries around the world.