Hamas The Gaza War And Accountability Under International Law
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Hamas, the Gaza War and Accountability, Under International Law by Anonim Pdf
This monograph, based on updated proceedings of the Jerusalem Center's Global Law Forum conference, critically examines the laws of war, as well as their application to Hamas and its supporters and allies. It aims to produce workable suggestions for increasing legal accountability for Hamas and other similar non-state violators of international law in the age of terrorism, with contributions by Yaakov Amidror, George P. Fletcher, Dore Gold, Lars Hänsel, Sigall Horovitz, Richard Kemp, Gil Limon, Daniel Reisner, Roy S. Schondorf, Pnina Sharvit-Baruch, and Gerald Steinberg.
Is There a Court for Gaza? by Chantal Meloni,Gianni Tognoni Pdf
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
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.
Law, Politics and Violence in Israel/Palestine by Maayan Geva Pdf
This book investigates the Israeli engagement with international law in relation to the Occupied Palestinian Territories (OPT) between 1967 and 2009. Grounded in a field-based study of the military International Law Department, it examines the dynamic position and impact that international law has had in the OPT. By analysing the Israeli 2008/9 offensive in Gaza as an example of contemporary warfare, the author argues that law and military agenda have become intertwined in ‘lawfare’, a condition sanctioning new forms of law and violence. The military legal system is central to the Israeli management of the OPT, yet despite the great interest in the legal aspects of the Israeli occupation, scholarly accounts of this institution are scarce. This discussion also has wider international relevance, particularly in the backdrop of the contemporary prominence of international law in Western militaries’ operations. This book will appeal to researchers, practitioners and students interested in international relations, political theory, human rights, Middle Eastern politics, and legal studies.
Revisiting the Law of Occupation by Hanne Cuyckens Pdf
In 'Revisiting the Law of Occupation', Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
Author : William C. Banks Publisher : Columbia University Press Page : 320 pages File Size : 43,7 Mb Release : 2011-10-25 Category : Political Science ISBN : 9780231526562
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
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.
Challenging the Boycott, Divestment and Sanctions (BDS) Movement by Ronnie Fraser,Lola Fraser Pdf
Challenging the Boycott, Divestment and Sanctions (BDS) Movement focuses on the efforts to oppose antisemitism, the academic boycott, and the BDS movement. The State of Israel has faced many threats, most of them military, since it was established in 1948, but the threat posed by the NGO forum at the United Nations World Conference against Racism in Durban, South Africa, in August 2001 was different. The forum unleashed the "new" antisemitism which targeted the State of Israel, as well as a non-violent, civil society-based campaign based on the South African anti-apartheid campaign of the 1980s – which was to form the basis of the international Boycott, Divestment and Sanctions (BDS) movement directed at the State of Israel. Featuring case studies from the United States, Great Britain, Israel, and South Africa, each chapter of this wide-ranging volume discusses examples of opposition to the divisive BDS campaign and the proposed academic boycott of Israel over the last two decades, including the fight for formal recognition of the "new" antisemitism by governments and international bodies and the use of a variety of legal measures. The rise of antisemitism within academia and wider society is also examined. This book will be vital reading for students, scholars, and activists with an interest in social movements, Israel, and Middle East politics and history.
Teitel presents an analysis of a recent change in international human-rights law. Offering examples from around the world she argues that post-Cold War history has witnessed a key transformation: the normative emphasis of the international legal order has been shifting from state security to human security.
The human rights records of more than ninety countries and territories is put into perspective in Human Rights Watch’s signature yearly report, which, in the 2014 volume, highlighted the armed conflict in Syria, international drug reform, drones and electronic mass surveillance, and more, and also featured photo essays of child marriage in South Sudan, the cost of the Sochi Winter Olympics in Russia, and religious fighting in Central African Republic. Reflecting extensive investigative work undertaken in 2014 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report 2015 is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
The activities of pro-Israel pressure groups and lobbyists in the US are well-known. But the pro-Israel lobby in Europe is less prominent in both academic and media accounts. In a unique account, Elvira King identifies the pro-Israeli groups which attempt to influence policy-makers and implementers in the EU, specifically examining Christian Zionist groups. Through a detailed study of the European Coalition for Israel (ECI), the only Christian Zionist lobby in Brussels, Elvira King analyses whether and how a religious group can (and can fail to) influence decision-makers in the EU. By exploring the context of European relations with Israel as well as the mechanisms through which pressure groups are able to influence EU-wide policies, King offers an analysis which demonstrates how the EU can be a site where religion and politics meet, rather than just being a secular institution. It therefore contains vital primary research for both those interested in the pro-Israel lobby as well as those examining the role of religion in politics more generally.
A perceptive and provocative history of Henry Kissinger's diplomatic negotiations in the Middle East that illuminates the unique challenges and barriers Kissinger and his successors have faced in their attempts to broker peace between Israel and its Arab neighbors. “A wealth of lessons for today, not only about the challenges in that region but also about the art of diplomacy . . . the drama, dazzling maneuvers, and grand strategic vision.”—Walter Isaacson, author of The Code Breaker More than twenty years have elapsed since the United States last brokered a peace agreement between the Israelis and Palestinians. In that time, three presidents have tried and failed. Martin Indyk—a former United States ambassador to Israel and special envoy for the Israeli-Palestinian negotiations in 2013—has experienced these political frustrations and disappointments firsthand. Now, in an attempt to understand the arc of American diplomatic influence in the Middle East, he returns to the origins of American-led peace efforts and to the man who created the Middle East peace process—Henry Kissinger. Based on newly available documents from American and Israeli archives, extensive interviews with Kissinger, and Indyk's own interactions with some of the main players, the author takes readers inside the negotiations. Here is a roster of larger-than-life characters—Anwar Sadat, Golda Meir, Moshe Dayan, Yitzhak Rabin, Hafez al-Assad, and Kissinger himself. Indyk's account is both that of a historian poring over the records of these events, as well as an inside player seeking to glean lessons for Middle East peacemaking. He makes clear that understanding Kissinger's design for Middle East peacemaking is key to comprehending how to—and how not to—make peace.
Two Authorities, One Way, Zero Dissent by Omar Shakir Pdf
"This report evaluates patterns of arrest and detention conditions in the West Bank and Gaza Strip, 25 years after the Oslo Accords granted Palestinians a degree of self-rule over these areas and more than a decade after Hamas seized effective control over the Gaza Strip. Human Rights Watch detailed more than two dozen cases of people detained for no clear reason beyond writing a critical article or Facebook post or belonging to the wrong student group or political movement."--Publisher website.
Responsibility and Accountability in Maritime Law by Simon Daniels Pdf
The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.
