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Author : Jens David Ohlin
Publisher : Cambridge University Press
Page : 417 pages
File Size : 51,8 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 : 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 : Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
Publisher : Routledge
Page : 353 pages
File Size : 51,7 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 : Julie Mertus,Jeffrey W. Helsing
Publisher : US Institute of Peace Press
Page : 586 pages
File Size : 44,6 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 : Todd Burkhardt
Publisher : State University of New York Press
Page : 224 pages
File Size : 40,9 Mb
Release : 2017-02-21
Category : Political Science
ISBN : 9781438464046
Discusses how just war theory needs to be revised to better secure and respect human rights. Warfare in the twenty-first century presents significant challenges to the modern state. Serious questions have arisen about the use of drones, target selection, civilian exposure to harm, intervening for humanitarian reasons, and war as a means of forcing regime change. In Just War and Human Rights Todd Burkhardt argues that updating the laws of war and reforming just war theory is needed. A twenty-year veteran of the US Army, Burkhardt claims that war is impermissible unless it is engaged, fought, and concluded with right intention. A state must not only have a just cause and limit its war-making activity in order to vindicate the just cause, but it must also seek to vindicate its just cause in a way that yields a just and lasting peace. A just and lasting peace is motivated by the just war tenet of right intention and predicated on the realization of human rights. Therefore, human rights should not only dictate how a state treats its own people but also how a state treats the people of other countries, insulating them and protecting innocent civilians from the harms of war. Todd Burkhardt is Professor of Military Science at Indiana University at Bloomington.
Author : Richard Wilson
Publisher : Cambridge University Press
Page : 376 pages
File Size : 46,5 Mb
Release : 2005-10-03
Category : Law
ISBN : 0521853192
This book reviews the war on terror since 9/11 from a human rights perspective.
Author : Frits Kalshoven
Publisher : BRILL
Page : 1128 pages
File Size : 51,9 Mb
Release : 2007-06-22
Category : Law
ISBN : 9789047420835
The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians ... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.
Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 130 pages
File Size : 45,5 Mb
Release : 2011
Category : Law
ISBN : MINN:31951D03613922U
International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons.
Author : Satvinder S. Juss
Publisher : Routledge
Page : 256 pages
File Size : 47,9 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781351006040
This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.
Author : Damien Rogers
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2020
Category : Electronic
ISBN : 9811552029
This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are 'no longer active in the fight.' A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.
Author : Francesco Francioni,Natalino Ronzitti
Publisher : Oxford University Press, USA
Page : 578 pages
File Size : 42,5 Mb
Release : 2011-01-13
Category : History
ISBN : 9780199604555
The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.
Author : Jennifer Curtis
Publisher : University of Pennsylvania Press
Page : 305 pages
File Size : 43,7 Mb
Release : 2014-08-04
Category : Political Science
ISBN : 9780812209877
Following the 1998 peace agreement in Northern Ireland, political violence has dramatically declined and the region has been promoted as a model for peacemaking. Human rights discourse has played an ongoing role in the process but not simply as the means to promote peace. The language can also become a weapon as it is appropriated and adapted by different interest groups to pursue social, economic, and political objectives. Indeed, as violence still periodically breaks out and some ethnocommunal and class-based divisions have deepened, it is clear that the progression from human rights violations to human rights protections is neither inevitable nor smooth. Human Rights as War by Other Means traces the use of rights discourse in Northern Ireland's politics from the local civil rights campaigns of the 1960s to present-day activism for truth recovery and LGBT equality. Combining firsthand ethnographic reportage with historical research, Jennifer Curtis analyzes how rights discourse came to permeate grassroots politics and activism, how it transformed those politics, and how rights discourse was in turn transformed. This ethnographic history foregrounds the stories of ordinary people in Northern Ireland who embraced different rights politics and laws to conduct, conclude, and, in some ways, continue the conflict—a complex portrait that challenges the dominant postconflict narrative of political and social abuses vanquished by a collective commitment to human rights. As Curtis demonstrates, failure to critique the appropriation of rights discourse in the peace process perpetuates perilous conditions for a fragile peace and generates flawed prescriptions for other conflicts.
Author : Andrew Clapham
Publisher : Oxford University Press
Page : 625 pages
File Size : 51,7 Mb
Release : 2021
Category : Law
ISBN : 9780198810469
This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.
Author : Rasmus Mariager,Karl Molin,Kjersti Brathagen
Publisher : Routledge
Page : 249 pages
File Size : 44,8 Mb
Release : 2014-06-05
Category : History
ISBN : 9781135973339
This book provides an overview of the establishment, dispersion and effects of human rights in Europe during the Cold War. The struggle for human rights did not begin at the end of the Second World War. For centuries, political associations, religious societies and individuals had been fighting for political freedom, religious tolerance, freedom of expression, freedom of thought and the right to participate in politics. However, the world was awakened by the atrocities of the Second World War and the idea that every person should have certain perpetual and inalienable rights was set out in The Universal Declaration of Human Rights (UDHR) from 1948, which contained an enumeration of international human rights standards. Adopting an interpretative framework which pulls together universal ideas, values and principles of human rights, Human Rights in Europe during the Cold War demonstrates how conflicting interests collided when the exact meaning of human rights was established. It also discusses various approaches to the idea of imposing respect for human rights in countries where they were systematically violated and assesses the outcome of international accords on human rights, in particular the 1975 Helsinki Final Act. In conclusion, this volume proposes that human rights functioned as moral support to the opposition in repressive regimes and that this was subsequently used as a tool to further system changes. Based on new archival research, this book will be of much interest to students of Cold War studies, human rights, European history, international law and IR in general.
Author : Daniel Ivo Odon
Publisher : Routledge
Page : 227 pages
File Size : 53,9 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.