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Author : Michael P. Scharf,Milena Sterio,Paul R. Williams Publisher : Cambridge University Press Page : 237 pages File Size : 44,5 Mb Release : 2020-03-26 Category : History ISBN : 9781108491532
The Conflict in Syria and the Failure of International Law to Protect People Globally by Jeremy Julian Sarkin Pdf
This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.
Internationalized Armed Conflicts in International Law by Kubo Macak Pdf
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Author : Sean Richmond Publisher : University of Toronto Press Page : 287 pages File Size : 46,5 Mb Release : 2021 Category : History ISBN : 9781487503468
This book tells the story of how two of America's closest allies, Canada and Britain, have sought to reconcile their security concerns with their legal obligations during two of the most significant international conflicts since the Second World War.
Syria’s Conflict Economy by Jeanne Gobat,Ms.Kristina Kostial Pdf
Five years into the ongoing and tragic conflict, the paper analyzes how Syria’s economy and its people have been affected and outlines the challenges in rebuilding the economy. With extreme limitations on information, the findings of the paper are subject to an extraordinary degree of uncertainty. The key messages are: (1) that the devastating civil war has set the country back decades in terms of economic, social and human development. Syria’s GDP today is less than half of what it was before the war started and it could take two decades or more for Syria to return to its pre-conflict GDP levels; and that (2) while reconstructing damaged physical infrastructure will be a monumental task, rebuilding Syria’s human and social capital will be an even greater and lasting challenge.
Spillover from the Conflict in Syria by William Young,David Stebbins,Bryan A. Frederick,Omar Al-Shahery Pdf
Aid flowing into Syria is intended to determine the outcome of the conflict between rebel factions and Damascus. Instead, it could perpetuate the civil war and ignite larger regional hostilities that could reshape the political geography of the Middle East. This report examines the main factors likely to contribute to or impede the spread of violence from civil war and insurgency in Syria, and then examines how they apply to neighboring states.
Syria and the Neutrality Trap by Carsten Wieland Pdf
The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the “neutrality trap” snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.
International Law for Common Goods by Federico Lenzerini,Ana Filipa Vrdoljak Pdf
International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.
The Responsibility to Protect in Libya and Syria by Yasmine Nahlawi Pdf
This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine’s strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.
Non-international Armed Conflicts in International Law by Yoram Dinstein Pdf
"Due to their preponderance and intensity, non-international armed conflicts are currently very much in the public mind: often, more so than international armed conflicts. The present volume serves as a comprehensive introduction to the international legal regime of non-international armed conflicts, proceeding strictly in light of what the contemporary law is (as distinct from what the present author or anybody else would like it to be). Non-international armed conflicts raise a raft of issues that need to be addressed, including in particular their preconditions, thresholds, diverse forms and configurations; the discordant perspectives of the international and domestic legal systems; as well as the application of treaty and customary law to non-State actors. In addition, it is necessary to examine the consequences of intervention by foreign States; the role of the Security Council; the effects of recognition; State responsibility for wrongdoing to the installations, diplomats or nationals of foreign States, etc. The interface between the law of international and non-international armed conflicts is a matter of crucial concern. There are also numerous specific problems, ranging from the complexities of "failing States" to the recruitment and use of child-soldiers"--
The Consequences of Chaos by Elizabeth G. Ferris,Kemal Kirisci Pdf
The massive dimensions of Syria's refugee crisis—and the search for solutions The civil war in Syria has forced some 10 million people—more than half the country's population—from their homes and communities, creating one of the largest human displacements since the end of World War II. Daily headlines testify to their plight, both within Syria and in the countries to which they have fled. The Consequences of Chaos looks beyond the ever-increasing numbers of Syria's uprooted to consider the long-term economic, political, and social implications of this massive movement of people. Neighboring countries hosting thousands or even millions of refugees, Western governments called upon to provide financial assistance and even new homes for the refugees, regional and international organizations struggling to cope with the demands for food and shelter—all have found the Syria crisis to be overwhelming in its challenges. And the challenges of finding solutions for those displaced by the conflict are likely to continue for years, perhaps even for decades. The Syrian displacement crisis raises fundamental questions about the relationship between action to resolve conflicts and humanitarian aid to assist the victims and demonstrates the limits of humanitarian response, even on a massive scale, to resolve political crises. The increasingly protracted nature of the crisis also raises the need for the international community to think beyond just relief assistance and adopt developmental policies to help refugees become productive members of their host communities.
Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Publisher : Cambridge University Press Page : 610 pages File Size : 43,7 Mb Release : 2005-03-03 Category : Law ISBN : 9780521808996
Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
The Economic Impact of Conflicts and the Refugee Crisis in the Middle East and North Africa by Mr.Bjoern Rother,Ms.Gaelle Pierre,Davide Lombardo,Risto Herrala,Ms.Priscilla Toffano,Mr.Erik Roos,Mr.Allan G Auclair,Ms.Karina Manasseh Pdf
In recent decades, the Middle East and North Africa region (MENA) has experienced more frequent and severe conflicts than in any other region of the world, exacting a devastating human toll. The region now faces unprecedented challenges, including the emergence of violent non-state actors, significant destruction, and a refugee crisis bigger than any since World War II. This paper raises awareness of the economic costs of conflicts on the countries directly involved and on their neighbors. It argues that appropriate macroeconomic policies can help mitigate the impact of conflicts in the short term, and that fostering higher and more inclusive growth can help address some of the root causes of conflicts over the long term. The paper also highlights the crucial role of external partners, including the IMF, in helping MENA countries tackle these challenges.
