Humanitarian Occupation

Author: Gregory H . Fox

Publisher: Cambridge University Press

ISBN: 1139469738

Category: Political Science

Page: N.A

View: 9867

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

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: 4131

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

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: 7862

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

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: 6673

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

The Practical Guide to Humanitarian Law

Author: Françoise Bouchet-Saulnier

Publisher: Rowman & Littlefield Publishers

ISBN: 1442221135

Category: Political Science

Page: 826

View: 6503

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. 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. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
Posted in Political Science

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: 9301

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

Humanitarian Ethics

A Guide to the Morality of Aid in War and Disaster

Author: Hugo Slim

Publisher: Oxford University Press

ISBN: 0190613041

Category: Social Science

Page: 314

View: 3070

Humanitarians are required to be impartial, independent, professionally competent and focused only on preventing and alleviating human suffering. It can be hard living up to these principles when others do not share them, while persuading political and military authorities and non-state actors to let an agency assist on the ground requires savvy ethical skills. Getting first to a conflict or natural catastrophe is only the beginning, as aid workers are usually and immediately presented with practical and moral questions about what to do next. For example, when does working closely with a warring party or an immoral regime move from practical cooperation to complicity in human rights violations? Should one operate in camps for displaced people and refugees if they are effectively places of internment? Do humanitarian agencies inadvertently encourage ethnic cleansing by always being ready to 'mop-up' the consequences of scorched earth warfare? This book has been written to help humanitarians assess and respond to these and other ethical dilemmas.
Posted in Social Science

Humanitarian Imperialism

Using Human Rights to Sell War

Author: Jean Bricmont

Publisher: NYU Press

ISBN: 1583674888

Category: Political Science

Page: 176

View: 8712

Since the end of the Cold War, the idea of human rights has been made into a justification for intervention by the world's leading economic and military powers—above all, the United States—in countries that are vulnerable to their attacks. The criteria for such intervention have become more arbitrary and self-serving, and their form more destructive, from Yugoslavia to Afghanistan to Iraq. Until the U.S. invasion of Iraq, the large parts of the left was often complicit in this ideology of intervention—discovering new “Hitlers” as the need arose, and denouncing antiwar arguments as appeasement on the model of Munich in 1938. Jean Bricmont’s Humanitarian Imperialism is both a historical account of this development and a powerful political and moral critique. It seeks to restore the critique of imperialism to its rightful place in the defense of human rights. It describes the leading role of the United States in initiating military and other interventions, but also on the obvious support given to it by European powers and NATO. It outlines an alternative approach to the question of human rights, based on the genuine recognition of the equal rights of people in poor and wealthy countries. Timely, topical, and rigorously argued, Jean Bricmont’s book establishes a firm basis for resistance to global war with no end in sight.
Posted in Political Science

Palestine Inside Out: An Everyday Occupation

Author: Saree Makdisi

Publisher: W. W. Norton & Company

ISBN: 0393338444

Category: History

Page: 387

View: 6839

Reveals how the everyday activities of Palestinians have become encumbered by the permits, curfews, and other bureaucratic hurdles associated with the region's institutionalized peace-keeping methods, in a report that offers insight into the tragic ways in which communities are becoming increasingly isolated from their lands and livelihoods.
Posted in History

The Humanitarian and Development Situation in the Occupied Palestinian Territories

Eleventh Report of Session 2007-08, Vol. 2: Oral and Written Evidence

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

Publisher: The Stationery Office

ISBN: 9780215523198

Category:

Page: 119

View: 8032

humanitarian and development situation in the Occupied Palestinian Territories : Eleventh report of session 2007-08, Vol. 2: Oral and written Evidence
Posted in

The International Law of Occupation

Author: Eyal Benvenisti

Publisher: Oxford University Press

ISBN: 0199588899

Category: History

Page: 383

View: 6338

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

Humanitarian Invasion

Global Development in Cold War Afghanistan

Author: N.A

Publisher: N.A

ISBN: 1107112079

Category:

Page: N.A

View: 3689

Posted in

Humanitarian Negotiations Revealed

The MSF Experience

Author: Claire Magone,Michael Neuman,Fabrice Weissman

Publisher: Hurst

ISBN: 1849045267

Category: Political Science

Page: 256

View: 614

From international NGOs to UN agencies, from donors to observers of humanitarianism, opinion is unanimous: in a context of the alleged "clash of civilizations", our "humanitarian space" is shrinking. Put another way, the freedom of action and of speech of humanitarians is being eroded due to the radicalisation of conflicts and the reaffirmation of state sovereignty over aid actors and policies. The purpose of this book is to challenge this assumption through an analysis of the events that have marked MSF's history since 2003 (when MSF published its first general work on humanitarian action and its relationships with governments). It addresses the evolution of humanitarian goals, the resistance to these goals and the political arrangements that overcame this resistance (or that failed to do so). The contributors seek to analyse the political transactions and balances of power and interests that allow aid activities to move forward, but that are usually masked by the lofty rhetoric of "humanitarian principles". They focus on one key question: what is an acceptable compromise for MSF? This book seeks to puncture a number of the myths that have grown up over the forty years since MSF was founded and describes in detail how the ideals of humanitarian principles and "humanitarian space" operating in conflict zones are in reality illusory. How, in fact, it is the grubby negotiations with varying parties, each of whom have their own vested interests, that may allow organisations such as MSF to operate in a given crisis situation - or not.
Posted in Political Science

The Use of Armed Force in Occupied Territory

Author: Marco Longobardo

Publisher: Cambridge University Press

ISBN: 1108684904

Category: Law

Page: N.A

View: 5521

This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
Posted in Law

The Practical Guide to Humanitarian Law

Author: Françoise Bouchet-Saulnier

Publisher: Rowman & Littlefield Publishers

ISBN: 1442221135

Category: Political Science

Page: 826

View: 8986

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. 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. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
Posted in Political Science

The Writing on the Wall

Rethinking the International Law of Occupation

Author: Aeyal Gross

Publisher: Cambridge University Press

ISBN: 1108158374

Category: Law

Page: N.A

View: 4985

As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.
Posted in Law

A Half Century of Occupation

Israel, Palestine, and the World's Most Intractable Conflict

Author: Gershon Shafir

Publisher: Univ of California Press

ISBN: 0520293509

Category: History

Page: 296

View: 7665

"The Israel-Palestine conflict is one of the most polarizing and long-lived confrontations in the world. Tearing communities apart in Israel and Occupied Palestine, with repercussions across the globe, Israel's "temporary" occupation turns a half century old in 2017. This timely and provocative book offers a background history and context for general readers and covers the major turning points of the conflict. Expertly detailing the political, diplomatic, and legal dimensions of the struggle, Gershon Shafir examines the effect of the colonization of occupied territories on Israel's democracy and offers compelling reasons and possibilities for ending the occupation now."--Provided by publisher.
Posted in History

The Trained Nurse and Hospital Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 2173

A monthly magazine of practical nursing, devoted to the improvement and development of the graduate nurse.
Posted in

International Humanitarian Law and International Human Rights Law

Author: Orna Ben-Naftali

Publisher: Oxford University Press

ISBN: 0191001600

Category: Law

Page: 388

View: 3655

Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.
Posted in Law