Law: International Humanitarian

This book clearly and comprehensively explains the law on the use of force in international law, including use of force by States, the role of the UN, and the role of regional organizations in the maintenance of international peace and security.

In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

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.

Areas of limited statehood, in which the territorial State lacks effective control, either completely or in part, challenge International Humanitarian Law in various ways. This volume explores if and how the law adapts to these challenges on the basis of mainly two legal issues: detention and investment protection in (non-)international armed conflict. Does a sufficient legal basis exist for the former? Is it International Humanitarian Law that determines what the investor is owed under a ‘full protection and security’ standard? More fundamentally, the contributions strive to shed light on these practical legal issues in a manner that is also historically and theoretically informed. How can international law be effective in areas of limited statehood, in particular as regards non-State actors? Can the law provide incentives for compliance? Is it in need of being developed? If so, who enjoys the legitimacy to do so?

At a time of escalating conflict between states and NGOs engaged in migrant search and rescue operations across the Mediterranean, this book explores the emerging trend of citizen-led forms of helping others at the borders of Europe. In recent years, Europe's borders have become new sites of intervention for traditional humanitarian actors and governmental agencies, but also, increasingly, for volunteer and activist initiatives led by "ordinary" citizens. This book sets out to interrogate the shifting relationship between humanitarianism, the securitization of border and migration regimes, and citizenship. Critically examining the "do it yourself" character of refugee aid practices performed by non-professionals coming together to help in informal and spontaneous manners, the volume considers the extent to which these new humanitarian practices challenge established conceptualisations of membership, belonging, and active citizenship. Drawing on case studies from countries around Europe including Greece, Turkey, Italy, France and Russia, this collection constitutes an innovative and theoretically engaged attempt to bring the field of humanitarian studies into dialogue with studies of grassroots refugee aid and, more explicitly, with political forms of solidarity with migrants and refugees which fall between aid and activism. This book is key reading for advanced students and researchers of humanitarian aid, European migration and refugees, and citizen-led activism.

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

This book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more.

Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resourcesneeds to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the ConventionConcerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective.This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices ofenvironmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

This book on the state of peacebuilding in Africa brings together the work of distinguished scholars, practitioners, and decision makers to reflect on key experiences and lessons learned in peacebuilding in Africa over the past half century. The core themes addressed by the contributors include conflict prevention, mediation, and management; post-conflict reconstruction, justice and Disarmament Demobilization and Reintegration; the role of women, religion, humanitarianism, grassroots organizations, and early warning systems; and the impact of global, regional, and continental bodies. The book's thematic chapters are complemented by six country/region case studies: The Democratic Republic of Congo, Rwanda, Sierra Leone, Sudan/South Sudan, Mozambique and the Sahel/Mali. Each chapter concludes with a set of key lessons learned that could be used to inform the building of a more sustainable peace in Africa. The State of Peacebuilding in Africa was born out of the activities of the Southern Voices Network for Peacebuilding (SVNP), a Carnegie-funded, continent-wide network of African organizations that works with the Wilson Center to bring African knowledge and perspectives to U.S., African, and international policy on peacebuilding in Africa. The research for this book was made possible by a grant from Carnegie Corporation of New York.