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The Future of Just War
Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation—a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy maker...
Moral Responsibility in Twenty-First-Century Warfare
2021 CHOICE Outstanding Academic Title Moral Responsibility in Twenty-First-Century Warfare explores the complex relationship between just war theory and the ethics of autonomous weapons systems (AWS). One of the challenges facing ethicists of war, particularly just war theorists, is that AWS is an applicative concept that seems, in many ways, to lie beyond the human(ist) scope of the just war theory tradition. The book examines the various ethical gaps between just war theory and the legal and moral status of AWS, addresses the limits of both traditional and revisionist just war theory, and proposes ways of bridging some of these gaps. It adopts a dualistic notion of moral responsibility—or differing, related notions of moral responsibility and legitimate authority—to study the conflicts and contradictions of legitimizing the autonomous weapons that are designed to secure peace and neutralize the effects of violence. Focusing on the changing conditions and dynamics of accountability, responsibility, autonomy, and rights in twenty-first-century warfare, the volume sheds light on the effects of violence and the future ethics of modern warfare.
The Unforgotten Women of the Islamic State
The Unforgotten Women of the Islamic State explores the governance of the Islamic State (IS) terrorist organization through the lives and words of local Iraqi, Syrian, and Kurdish women. While the roles and activities of foreign (predominantly Western), pro-IS women have garnered significant attention, the experiences and insights of local civilian populations have been largely overlooked. Drawing on the testimonies of 63 local Sunni Muslim and Yazidi women, Gina Vale exposes the group's intra-gender stratified system of governance. Eligibility for the group's protection, security, 'citizenship', and entrance into the (semi-)public sphere were not universal, but required convergence with the...
Constitutionalism in Islamic Countries: Between Upheaval and Continuity
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Political Theory of Global Justice
This book offers a moral argument for world government, claiming that not only do we have strong obligations to people elsewhere, but that accountable integration among nation-states will help ensure all persons can lead a decent life.
The International Criminal Court, the Security Council and Darfur: A Critique
This book considers the relationship between the International Criminal Court (ICC) and the United Nations Security Council (UNSC) under three major aspects: triggering the jurisdiction of the Court when the Security Council adopts a resolution requesting that under Article 13 (b) of the Rome Statute; delaying the Court’s action by UNSC according to Article 16 of the Rome Statute; and the cooperation between the two institutions in cases where the Council refers to the Court situations, and also with regard to state-party referrals, and situations initiated proprio motu by the Prosecutor. The book analyzes this relationship according to Resolution 1593 (2005) by which the Security Council assigned the situation in Darfur to the Court. It highlights the main flaws of this Resolution, and discusses the African Union’s position towards the Court.
Exploring the Boundaries of International Criminal Justice
This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.
Election Interference
Russian interference in the 2016 US presidential election was illegal because it violated the American people's right of self-determination.
Deconstructing Self-Determination in International Law
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
Yearbook of International Humanitarian Law - 2003
The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere, and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students./div
