Humanitarian Occupation

Author: Gregory H . Fox

Publisher: Cambridge University Press

ISBN: 1139469738

Category: Political Science

Page: N.A

View: 8457

This book analyzes a new phenomenon in international law: international organizations assuming the powers of a national government in order to reform political institutions. After reviewing the history of internationalized territories, this book asks two questions about these 'humanitarian occupations'. First, why did they occur? The book argues that the missions were part of a larger trend in international law to maintain existing states and their populations. The only way this could occur in these territories, which had all seen violent internal conflict, was for international administrators to take charge. Second, what is the legal justification for the missions? The book examines each of the existing justifications and finds them wanting. A new foundation is needed, one that takes account of the missions' authorisation by the UN Security Council and their pursuit of goals widely supported in the international community.
Posted in Political Science

Globalization and Sovereignty

Rethinking Legality, Legitimacy, and Constitutionalism

Author: Jean L. Cohen

Publisher: Cambridge University Press

ISBN: 1139560263

Category: Political Science

Page: N.A

View: 5542

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Posted in Political Science

Yearbook of International Humanitarian Law

Author: Terry D. Gill,Tim McCormack,Robin Geiß,Heike Krieger,Christophe Paulussen

Publisher: Springer

ISBN: 9462652643

Category: Law

Page: 358

View: 9938

The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL). It iselaborated upon in several chapters that examine the role of non-state armed groupsin the development and interpretation of IHL, the impact of international criminal lawon the development of IHL, the notion of external non-international armed conflicts,and the regulation of prolonged occupation under international law./div The second theme of this volume is dedicated to targeting in armed conflicts. Specifictopics include precautions in attack in urban and siege warfare, the targeting of theIslamic State’s religious personnel in Iraq and Syria, and the targeting of illicit cropsthrough aerial spraying in Colombia. Besides the chapters that address both themes,this volume also contains a Year in Review describing the most important events andlegal developments that took place in 2017. The Yearbook of International Humanitarian Law is the world’s only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.
Posted in Law

Parry and Grant Encyclopaedic Dictionary of International Law

Author: Clive Parry,John P. Grant,J. Craig Barker

Publisher: Oxford University Press

ISBN: 0195389778

Category: Law

Page: 691

View: 4734

Rev. ed. of : Parry and Grant encyclopaedic dictionary of international law. 2nd ed. 2004.
Posted in Law

The International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 2709

Originally published: Princeton, N.J.: Princeton University Press, 1993.
Posted in History

The Practical Guide to Humanitarian Law

Author: Françoise Bouchet-Saulnier

Publisher: Rowman & Littlefield Publishers

ISBN: 1442221135

Category: Political Science

Page: 826

View: 6468

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of immense new challenges to international peace and human security. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
Posted in Political Science

The Law of Occupation

Continuity and Change of International Humanitarian Law, and Its Interaction With International Human Rights Law

Author: Yutaka Arai

Publisher: BRILL

ISBN: 9004162461

Category: Law

Page: 758

View: 5981

This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Posted in Law

The Humanitarian and Development Situation in the Occupied Palestinian Territories

Report. Together with Formal Minutes

Author: Great Britain: Parliament: House of Commons: International Development Committee

Publisher: The Stationery Office

ISBN: 9780215523174

Category:

Page: 42

View: 1307

This is the 11th report from the International Development Committee (HCP 522-I, session 2007-08, ISBN 9780215523174), and focuses on the humanitarian and development situation in the occupied Palestinian territories. The Committee has set out 20 conclusions and recommendations covering the following areas: the security situation; the responsibility to ensure humanitarian access; Hamas' responsibilities; a humanitarian access cell; the Palestinian reform and development plan; the importance of improving movement and access; expanding settlements and the construction of the Barrier; the EU-Israel Association Agreement; EU funding mechanisms; the work of the Quartet Representative; improving Palestinian security; involving all parties; the Egyptian-brokered truce. For Volume 2, Evidence (see ISBN 9780215523198).
Posted in

Exit Strategies and State Building

Author: Richard Caplan

Publisher: Oxford University Press

ISBN: 0199942706

Category: Political Science

Page: 352

View: 9196

In the past two decades, states and multilateral organizations have devoted considerable resources toward efforts to stabilize peace and rebuild war-torn societies in places such as Afghanistan, Iraq, Kosovo, and Sierra Leone. Despite these prodigious efforts, there has been relatively little consideration of the critical questions arising from the "end game" of state-building operations. In Exit Strategies and State Building, sixteen leading scholars and practitioners focus on relevant historical and contemporary cases of exit to provide a comprehensive overview of this crucial issue. By examining the major challenges associated with the conclusion of international state-building operations and the requirements for the maintenance of peace in the period following exit, this book provides unique perspective on a critical aspect of military and political intervention. Deftly researched, Exit Strategies and State Building sheds new light on what is not merely an academic issue, but also a pressing global policy concern.
Posted in Political Science

War, Police and Assemblages of Intervention

Author: Jan Bachmann,Colleen Bell,Caroline Holmqvist

Publisher: Routledge

ISBN: 1317587634

Category: Political Science

Page: 232

View: 4020

This book reflects on the way in which war and police/policing intersect in contemporary Western-led interventions in the global South. The volume combines empirically oriented work with ground-breaking theoretical insights and aims to collect, for the first time, thoughts on how war and policing converge, amalgamate, diffuse and dissolve in the context both of actual international intervention and in understandings thereof. The book uses the caption WAR:POLICE to highlight the distinctiveness of this volume in presenting a variety of approaches that share a concern for the assemblage of war-police as a whole. The volume thus serves to bring together critical perspectives on liberal interventionism where the logics of war and police/policing blur and bleed into a complex assemblage of WAR:POLICE. Contributions to this volume offer an understanding of police as a technique of ordering and collectively take issue with accounts of the character of contemporary war that argue that war is simply reduced to policing. In contrast, the contributions show how – both historically and conceptually – the two are ‘always already’ connected. Contributions to this volume come from a variety of disciplines including international relations, war studies, geography, anthropology, and law but share a critical/poststructuralist approach to the study of international intervention, war and policing. This volume will be useful to students and scholars who have an interest in social theories on intervention, war, security, and the making of international order.?
Posted in Political Science

Detention and Occupation in International Humanitarian Law

Author: Michael N. Schmitt,Wolff Heintschel von Heinegg

Publisher: Ashgate Publishing

ISBN: 9780754629375

Category: Law

Page: 539

View: 4783

Detention and occupation are two challenging aspects of international humanitarian law in 21st century warfare. The essays selected for this volume examine both the historical foundations of these issues and contemporary practices surrounding them. The suitability of traditional detention and occupation law in the face of today's circumstances is discussed as well as claims that aspects of humanitarian law are outmoded and must be reassessed. Also considered is the extent to which other bodies of law, especially human rights, are influencing the application of international humanitarian law.
Posted in Law

Research Handbook on Human Rights and Humanitarian Law

Author: Robert Kolb,Gloria Gaggioli

Publisher: Edward Elgar Publishing

ISBN: 1781006075

Category: Political Science

Page: 684

View: 6951

'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.
Posted in Political Science

Searching for a 'Principle of Humanity' in International Humanitarian Law

Author: Kjetil Mujezinović Larsen,Camilla Guldahl Cooper,Gro Nystuen

Publisher: Cambridge University Press

ISBN: 1107021847

Category: Law

Page: 365

View: 4301

An examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
Posted in Law

Agamben and Colonialism

Author: Marcelo Svirsky

Publisher: Edinburgh University Press

ISBN: 0748649263

Category: Philosophy

Page: 304

View: 1205

This collection of essays evaluates Agamben's work from a postcolonial perspective. Svirsky and Bignall assemble leading figures to explore the rich philosophical linkages and the political concerns shared by Agamben and postcolonial theory.
Posted in Philosophy

Yearbook Of International Humanitarian Law

2001

Author: H. Fischer,Avril McDonald

Publisher: Cambridge University Press

ISBN: 9789067041690

Category: Political Science

Page: 865

View: 8683

The Yearbook of International Humanitarian Law is a truly international forum for high-quality, peer-reviewed articles, commentaries on current developments, reports on state practice and documentation that have international humanitarian law as their focal point. The cosmopolitan character of the Yearbook is ensured by its international board of editors, outstanding experts in the field, and its global network of correspondents, reporting on state practice. All aspects of international law applicable during international and internal armed conflicts are covered, in addition to significant developments in related fields.
Posted in Political Science

The War in Iraq

A Legal Analysis

Author: Raul A. Pedrozo

Publisher: Defense Department

ISBN: N.A

Category: History

Page: 518

View: 8961

Posted in History

International Law Studies

Author: N.A

Publisher: N.A

ISBN: N.A

Category: International law

Page: N.A

View: 2936

Posted in International law

A wiser century?

judicial dispute settlement, disarmament and the laws of war 100 years after the Second Hague Peace Conference

Author: Ursula E. Heinz,Universität Kiel. Walther-Schücking-Institut für Internationales Recht

Publisher: N.A

ISBN: N.A

Category: Arms control

Page: 522

View: 8675

Posted in Arms control

Humanitarian Intervention

Moral and Philosophical Issues

Author: Aleksandar Jokic

Publisher: Broadview Press

ISBN: 9781551114897

Category: Philosophy

Page: 160

View: 9782

International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted. (Indeed, the UN Charter provides for an international police force, though nothing has ever come of this provision). The Charter and other UN documents also assert that human rights are to be protected—but in the past the responsibility for the protection of human rights has for the most part been allowed to rest on the government of the state where the violation of rights occurs. Not surprisingly in this context, the question of what protection (if any) should be provided by the UN or otherwise to individuals when their human rights are violated by their governments or with the complicity of their governments remains a contentious issue. Should the principle of respect for state sovereignty trump the principle of respect for human rights? Historically it has been allowed to do so, but recently it has been more and more widely argued that when states fail to respect the human rights of their citizens (or of others who reside within their boundaries), they may be held accountable for their actions. Is military humanitarian intervention justifiable? And if so, under what circumstances? Those are the questions addressed in this collection of essays. The focus of the volume is on the abstract principles involved; though reference is sometimes made to specific cases, the essays here consist primarily of philosophical reflection on the abstract issues. (A companion volume on the specific issues surrounding a particular case, Lessons of Kosovo, is being published simultaneously.)
Posted in Philosophy

Testing the Boundaries of International Humanitarian Law

Author: Susan Carolyn Breau,Agnieszka Jachec-Neale

Publisher: British Inst of International & Comparative

ISBN: N.A

Category: Law

Page: 343

View: 912

This collection of essays comes as the first British Institute of International and Comparative Law publication in the field of international humanitarian law in over a dozen years. This new book explores the important and topical subject of 21st century conflict and the implications for international humanitarian law. The areas covered include in-depth analysis of topical issues such as terrorism and complex security situations, legal fault-lines, contemporary warfare, post-conflict management, and in problems relative to occupation, interrelations between humanitarian law, and human rights. A special section is dedicated to the creation and role of the Iraqi Special Tribunal.
Posted in Law