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Author : Julie Mertus,Jeffrey W. Helsing
Publisher : US Institute of Peace Press
Page : 586 pages
File Size : 52,6 Mb
Release : 2006
Category : Political Science
ISBN : 1929223773
'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 : Julie Mertus,Jeffrey W. Helsing
Publisher : US Institute of Peace Press
Page : 580 pages
File Size : 47,5 Mb
Release : 2006
Category : Political Science
ISBN : 1929223765
'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 : Claudia Fuentes Julio,Paula Drumond
Publisher : Routledge
Page : 282 pages
File Size : 42,7 Mb
Release : 2017-11-22
Category : Political Science
ISBN : 9781315409351
Human rights and conflict resolution have been traditionally perceived as two separate fields, sometimes in competition or in tension and occasionally with contradictory approaches towards achieving a lasting peace. Although human rights norms have been incorporated and institutionalized by various national, regional, and international organizations that deal with conflict resolution, negotiators and mediators are often pressured in practice to overlook international human rights principles in favor of compliance and more immediate outcomes. The chapters in this volume navigate the relationship between human rights and conflict resolution by fleshing out practical, conceptual, and institutional encounters of the two agendas and engaging with lessons learned and windows of opportunities for mutual learning. Recognizing the increasing relevance of this debate and important gaps in the current research on the topic, this book addresses the following questions: How can we improve our practical and theoretical understanding of the complementarity between human rights and conflict resolution? How would a human rights-based approach to conflict resolution look like? How are international, regional, and national organizations promoting, implementing, and/or adapting to better coordinate between human rights and conflict resolution? Building on empirical evidence from contemporary conflict resolution processes, how have human rights been integrated in different efforts on the ground? What are the main lessons learned in this regard? Examining a wide range of countries and issues, this work is essential reading for human rights, conflict resolution, and security experts including scholars, diplomats, policy-makers, civil society representatives, and students of international politics.
Author : Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
Publisher : Routledge
Page : 272 pages
File Size : 55,8 Mb
Release : 2014-01-16
Category : History
ISBN : 9781135019464
"War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational corporations and private military and security companies; - explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, the former Yugoslavia, and Cambodia, and reflect on recent events of the "Arab Spring"; - assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court, as well as other mechanisms of transitional justice; - discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally"--
Author : Stijn Smet
Publisher : Taylor & Francis
Page : 236 pages
File Size : 55,6 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317218685
Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
Author : Ineke Boerefijn,Ronald Janse
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2012
Category : Conflict management
ISBN : 1780680546
This festschrift examines the fate and role of human rights before, during, and in the aftermath of violent conflicts. It brings together both scholars and practitioners from different parts of the world and from different disciplines, including law, anthropology, history, conflict studies, development studies, and international relations. The roles of international organizations, non-governmental organizations, governments, and corporations in realizing human rights are discussed. The book thus reflects the 'de-approach' to human rights research that has been advocated and pioneered by Bas de Gaay Fortman: 'de-legalize, ' 'de-Westernize, ' and 'de-State-ize, ' together with the view that human rights research should not just be about norms, but as much, if not more, about the economic, political, social, and cultural aspects of the distinct environments in which these rights have to be realiz
Author : Gerd Oberleitner
Publisher : Cambridge University Press
Page : 433 pages
File Size : 52,7 Mb
Release : 2015-03-05
Category : Law
ISBN : 9781107087545
A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
Author : Eileen F. Babbitt,Ellen L. Lutz
Publisher : Syracuse University Press
Page : 0 pages
File Size : 52,8 Mb
Release : 2009-09-09
Category : Political Science
ISBN : 0815632053
Preventing sweeping human rights violations or wars and rebuilding societies in their aftermath require an approach encompassing the perspectives of both human rights advocates and practitioners of conflict resolution. While these two groups work to achieve many of the same goals—notably to end violence and loss of life—they often make different assumptions, apply different methods, and operate under different values and institutional constraints. As a result, they may adopt conflicting or even mutually exclusive approaches to the same problem. Eileen F. Babbitt and Ellen L. Lutz have collected groundbreaking essays exploring the relationship between human rights and conflict resolution. Employing a case study approach, the contributing authors examine three areas of conflict—Sierra Leone, Colombia, and Northern Ireland—from the perspectives of participants in both the peace-making and human rights efforts in each country. By spotlighting the role of activists and reflecting on what was learned in these cases, this volume seeks to push scholars and practitioners of both conflict resolution and human rights to think more creatively about the intersection of these two fields.
Author : Jens David Ohlin
Publisher : Cambridge University Press
Page : 417 pages
File Size : 54,9 Mb
Release : 2016-08-04
Category : Law
ISBN : 9781107137936
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Author : Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
Publisher : Routledge
Page : 353 pages
File Size : 51,8 Mb
Release : 2017-08-02
Category : Law
ISBN : 9781351999595
War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.
Author : Daragh Murray
Publisher : Oxford University Press
Page : 400 pages
File Size : 47,8 Mb
Release : 2016
Category : Law
ISBN : 9780198791393
Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.
Author : Chris Andrews,Matt McGuire
Publisher : Routledge
Page : 294 pages
File Size : 46,6 Mb
Release : 2016-04-20
Category : Literary Criticism
ISBN : 9781317425052
This book brings together a variety of perspectives to explore the role of literature in the aftermath of political conflict, studying the ways in which writers approach violent conflict and the equally important subject of peace. Essays put insights from Peace and Conflict Studies into dialog with the unique ways in which literature attempts to understand the past, and to reimagine both the present and the future, exploring concepts like truth and reconciliation, post-traumatic memory, historical reckoning, therapeutic storytelling, transitional justice, archival memory, and questions about victimhood and reparation. Drawing on a range of literary texts and addressing a variety of post-conflict societies, this volume charts and explores the ways in which literature attempts to depict and make sense of this new philosophical terrain. As such, it aims to offer a self-conscious examination of literature, and the discipline of literary studies, considering the ability of both to interrogate and explore the legacies of political and civil conflict around the world. The book focuses on the experience of post-Apartheid South Africa, post-Troubles Northern Ireland, and post-dictatorship Latin America. The recent history of these regions, and in particular their acute experience of ethno-religious and civil conflict, make them highly productive contexts in which to begin examining the role of literature in the aftermath of social trauma. Rather than a definitive account of the subject, the collection defines a new field for literary studies, and opens it up to scholars working in other regional and national contexts. To this end, the book includes essays on post-1989 Germany, post-9/11 United States, the Israeli-Palestinian conflict, Sierra Leone, and narratives of asylum seeker/refugee communities. This volume’s comparative frame draws on well-established precedents for thinking about the cultural politics of these regions, making it a valuable resource for scholars of Comparative Literature, Peace and Conflicts Studies, Human Rights, Transitional Justice, and the Politics of Literature.
Author : Marjan Ajevski
Publisher : Routledge
Page : 167 pages
File Size : 46,9 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317442936
This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
Author : Daniel Ivo Odon
Publisher : Routledge
Page : 227 pages
File Size : 49,9 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781000408935
This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their coapplicability in armed conflict situations. The work examines the jurisprudence of the international human rights courts and looks at the Inter-American and European Courts of Human Rights case law in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community’s legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights and international humanitarian law.
Author : Louise Doswald-Beck
Publisher : OUP Oxford
Page : 600 pages
File Size : 52,7 Mb
Release : 2011-09-22
Category : Law
ISBN : 9780191621147
This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.
