Protection Of Civilians And Individual Accountability

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Protection of Civilians and Individual Accountability

Lenneke Sprik
Protection of Civilians and Individual Accountability Book PDF

Author : Lenneke Sprik
Publisher : Routledge
Page : 128 pages
File Size : 45,7 Mb
Release : 2019-08-13
Category : Law
ISBN : 9780429754807

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Protection of Civilians and Individual Accountability by Lenneke Sprik Pdf

This book explores the question of whether peacekeeping commanders can be held accountable for a failure to protect the civilian population in the mission area. This requires an assessment of whether peacekeeping commanders have an obligation to act against such serious crimes being committed under domestic and international law. The work uses the cases of the Dutch and Belgian peacekeeping commanders in Srebrenica and Kigali as examples, but it also places the analysis into the context of contemporary peacekeeping operations. It unfolds two main arguments. First, it provides a critical note to the contextual interpretation given to international law in relation to peacekeeping. It is argued that establishing a specific paradigm for peacekeeping operations with clear rules of interpretation and benchmark criteria would benefit peacekeeping and international law by making the contextual interpretation of international law redundant. Second, it is held that alternative options to the existing forms of criminal responsibility for military commanders should be considered, possibly focusing more clearly on failing to fulfil a norm of protection that is specific to peacekeeping and distinct from protective obligations under international human rights law and international humanitarian law.

The Individualization of War

Jennifer Welsh,Dapo Akande,David Rodin
The Individualization of War Book PDF

Author : Jennifer Welsh,Dapo Akande,David Rodin
Publisher : Oxford University Press
Page : 289 pages
File Size : 54,9 Mb
Release : 2023-12-14
Category : Political Science
ISBN : 9780192872364

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The Individualization of War by Jennifer Welsh,Dapo Akande,David Rodin Pdf

The rights and responsibilities of the individual are at the centre of today's armed conflicts in a way that they have never been before. This process of 'individualization', which challenges the primacy of the sovereign state, is driven by normative developments related to human rights that have elevated human-centric conceptions of security and created a new class of international crimes, as well as by technological and strategic developments that can both empower individuals as military actors and enable either the targeting or protection of particular individuals. The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes. This book presents a novel conceptualization of the phenomenon of individualization, including how it is both practiced and contested. It then convenes a set of leading thinkers from the fields of moral philosophy, international law, and international relations to further our understanding of not only how individualization is manifest in armed conflict - in theory and in practice - but also how it generates tensions and challenges for today's scholars and practitioners. The collective research on which the book is based integrates the currently segregated scholarship on individualization in different academic disciplines, thereby illuminating the important links between law, morality, and politics that constitute the day-to-day reality for national militaries, international organizations, and humanitarian actors

Protection of Civilians

Haidi Willmot,Ralph Mamiya,Scott Sheeran,Marc Weller
Protection of Civilians Book PDF

Author : Haidi Willmot,Ralph Mamiya,Scott Sheeran,Marc Weller
Publisher : Oxford University Press
Page : 497 pages
File Size : 41,8 Mb
Release : 2016
Category : Law
ISBN : 9780198729266

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Protection of Civilians by Haidi Willmot,Ralph Mamiya,Scott Sheeran,Marc Weller Pdf

The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the center of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organizations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavor, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studying or working towards a better protection of civilians in conflict.

Protection of Civilians in UN Peacekeeping Operations

M. Aminul Islam
Protection of Civilians in UN Peacekeeping Operations Book PDF

Author : M. Aminul Islam
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2024
Category : Humanitarian law
ISBN : 1032657693

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Protection of Civilians in UN Peacekeeping Operations by M. Aminul Islam Pdf

"This book discusses the legal responsibility of UN peacekeepers for the protection of civilians under international legal regimes, particularly international human rights law, international humanitarian law, international refugee law, and occupation law. It considers both negative and positive obligations, that is, a duty to respect or not violate a particular right directly and a duty to take positive action to secure or protect a particular right, respectively. In addition, it describes the standards and methods, as well as their strengths and weaknesses, by which actors in UN peacekeeping operations, including the UN, troop contributing countries, and individual peacekeepers, can be held accountable for third-party claims and allegations of criminal misconduct against UN peacekeepers for violations of responsibility in peacekeeping operations. The work will be a valuable resource for academics, researchers and policy-makers working in the areas of International Law, International Humanitarian Law, International Human Rights Law and International Relations"--

Protecting Civilians

Siobhán Wills
Protecting Civilians Book PDF

Author : Siobhán Wills
Publisher : Oxford University Press
Page : 319 pages
File Size : 51,6 Mb
Release : 2009-02-26
Category : Law
ISBN : 9780199533879

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Protecting Civilians by Siobhán Wills Pdf

Historical review of civilian protection by UN peacekeepers -- The extent to which peacekeeping and other multi-national forces have a general 'responsibility to protect' under international humanitarian law -- The extent to which peacekeeping and other multi-national forces have a general 'responsibility to protect' under international human rights law -- The applicability of occupation law to peacekeeping and other multi-national operations -- Implications for peacekeepers and other multi-national forces.

Civilian Protection in the Twenty-first Century

Cecilia Jacob,Alistair D. B. Cook
Civilian Protection in the Twenty first Century Book PDF

Author : Cecilia Jacob,Alistair D. B. Cook
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 41,7 Mb
Release : 2016
Category : Political Science
ISBN : 0199467501

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Civilian Protection in the Twenty-first Century by Cecilia Jacob,Alistair D. B. Cook Pdf

"Conference hosted at the University of Queensland, Australia, in 2011. The conference's theme was 'Regions, States and Peoples in a World of Many Worlds'"--Preface.

The Responsibility to Protect

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

Author : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 47,8 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

Norms of Protection

Angus Francis,Vesselin Popovski,Charles J. G. Sampford
Norms of Protection Book PDF

Author : Angus Francis,Vesselin Popovski,Charles J. G. Sampford
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2012
Category : Political Science
ISBN : 9280812181

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Norms of Protection by Angus Francis,Vesselin Popovski,Charles J. G. Sampford Pdf

A series of humanitarian tragedies in the 1990s (Somalia, Rwanda, Srebrenica, Kosovo) demonstrated the international community's failure to protect civilians in the context of complex emergencies. They were the inspiration for two norms of protection, Responsibility to Protect (R2P) and Protection of Civilians (POC), both deeply rooted in the empathy that human beings have for the suffering of innocent people. Both norms have achieved high-level endorsement: R2P from the 2005 World Summit and its Outcome document (Art. 138-140) and POC from a series of Security Council resolutions. The two norms of protection were instrumental in adopting the Security Council Resolutions 1970 and 1973 (Libya) and 1975 (Cote d'Ivoire) in the year 2011. Both norms raise concerns of misinterpretation and misuse. They both are developing--sometimes in parallel, sometimes diverging, and sometimes converging--with varying degrees of institutionalization and acceptance. This process is likely to continue for some time, with successes and failures enhancing or retarding that development. This book engages in a profound comparative analysis of the two norms and aims to serve policymakers at different levels (national, regional, and UN), practitioners with protective roles (force commanders, military trainers, strategists, and humanitarian actors), academics and researchers (in international relations, law, political theory, and ethics), civil society, and R2P and POC advocates.

Protecting Civilians in War

Miriam Bradley
Protecting Civilians in War Book PDF

Author : Miriam Bradley
Publisher : Oxford University Press
Page : 232 pages
File Size : 45,5 Mb
Release : 2016
Category : Political Science
ISBN : 9780198716389

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Protecting Civilians in War by Miriam Bradley Pdf

This volume examines the roles, methods, and effectiveness of the International Committee of the Red Cross (ICRC) and the Office of the UN High Commissioner for Refugees (UNHCR) in protecting civilians in internal armed conflicts.

The Oxford Handbook of the Responsibility to Protect

Alex J. Bellamy,Timothy Dunne
The Oxford Handbook of the Responsibility to Protect Book PDF

Author : Alex J. Bellamy,Timothy Dunne
Publisher : Oxford University Press
Page : 1169 pages
File Size : 49,5 Mb
Release : 2016
Category : Political Science
ISBN : 9780198753841

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The Oxford Handbook of the Responsibility to Protect by Alex J. Bellamy,Timothy Dunne Pdf

The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.

Accountability for Killing

Neta Crawford
Accountability for Killing Book PDF

Author : Neta Crawford
Publisher : Oxford University Press
Page : 503 pages
File Size : 44,6 Mb
Release : 2013-10
Category : History
ISBN : 9780199981724

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Accountability for Killing by Neta Crawford Pdf

A sophisticated and intellectually powerful analysis of culpability and moral responsibility in war, This book focuses on the causes of many episodes of foreseeable collateral damage. Trenchant, original, and ranging across security studies, international law, ethics, and international relations, Accountability for Killing will reshape our understanding of the ethics of contemporary war.

Theorising the Responsibility to Protect

Ramesh Chandra Thakur,Ramesh Thakur,William Maley
Theorising the Responsibility to Protect Book PDF

Author : Ramesh Chandra Thakur,Ramesh Thakur,William Maley
Publisher : Cambridge University Press
Page : 355 pages
File Size : 47,8 Mb
Release : 2015-07-30
Category : Political Science
ISBN : 9781107041073

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Theorising the Responsibility to Protect by Ramesh Chandra Thakur,Ramesh Thakur,William Maley Pdf

This book relates the Responsibility to Protect to existing bodies of theory on the nature and foundations of political and international order.

Beyond Responsibility to Protect

Richard Barnes,Vassilis P. Tzevelekos
Beyond Responsibility to Protect Book PDF

Author : Richard Barnes,Vassilis P. Tzevelekos
Publisher : International Law
Page : 0 pages
File Size : 42,5 Mb
Release : 2016
Category : Responsibility to protect (International law).
ISBN : 1780682646

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Beyond Responsibility to Protect by Richard Barnes,Vassilis P. Tzevelekos Pdf

This book explores the extent to which Responsibility to Protect shifts our understanding of both the potential and practice of international law.

Protection of Civilians

Haidi Willmot,Marc Weller,Ralph Mamiya,Scott Sheeran
Protection of Civilians Book PDF

Author : Haidi Willmot,Marc Weller,Ralph Mamiya,Scott Sheeran
Publisher : Oxford University Press
Page : 330 pages
File Size : 50,5 Mb
Release : 2016-04-14
Category : Law
ISBN : 9780191045493

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Protection of Civilians by Haidi Willmot,Marc Weller,Ralph Mamiya,Scott Sheeran Pdf

The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the centre of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organisations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studing or working towards a better protection of civilians in conflict.

Coalition Power without Individual Responsibility?

Alexandra von Stein-Lausnitz
Coalition Power without Individual Responsibility Book PDF

Author : Alexandra von Stein-Lausnitz
Publisher : Cuvillier Verlag
Page : 318 pages
File Size : 55,6 Mb
Release : 2022-01-11
Category : Law
ISBN : 9783736965621

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Coalition Power without Individual Responsibility? by Alexandra von Stein-Lausnitz Pdf

This thesis deals with the individual criminal liability under international law of NATO commanders for crimes committed by their subordinates in the context of complex, multilateral command and control structures. After analysing the applicable law, the elements that must be fulfilled in order to be able to prosecute commanders and other superiors under the doctrine of Command Responsibility are comprehensively described and the Command, Control & Communication structures within NATO and in NATO-led operations explained. Subsequently, the doctrine of Command Responsibility is applied to the identified structures taking into account the role of a commander acting in a multilateral NATO operation, the role of the Troop Contributing Nation, the methods of conferral of powers as well as the de iure and de facto effective control of such a commander leading a multilateral force. Die vorliegende Arbeit befasst sich mit der individuellen strafrechtlichen Verantwortlichkeit von NATO-Befehlshabern nach dem Völkerrecht für Straftaten ihrer Untergebenen im Rahmen komplexer, multilateraler Befehls- und Kommandostrukturen. Nach einer Darstellung des anwendbaren Rechts, werden die Voraussetzungen für eine Vorgesetztenverantwortlichkeit von Befehlshabern und anderen Vorgesetzten umfassend beschrieben und die Führungs-, Befehls- und Kommunikationsstrukturen innerhalb der NATO und bei NATO-geführten Einsätzen erläutert. Anschließend wird der Tatbestand der Vorgesetztenverantwortlichkeit unter Berücksichtigung der Stellung eines Befehlshabers in einem multilateralen NATO-Einsatz, der Rolle des truppenstellenden Staates, der Methoden der Befugnisübertragung sowie der de iure und de facto wirksame Kontrolle eines solchen Befehlshabers auf die ermittelten Strukturen angewandt.