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The Use of Force Against Individuals in War Under International Law
Is it legal to kill, or capture and confine, a person in war? This monograph addresses this heavily contested question from an interdisciplinary perspective, combining doctrinal, social-theoretical, and socio-legal approaches.--
Accountability for Mass Starvation
Famine is an age-old scourge that almost disappeared in our lifetime. Between 2000 and 2011 there were no famines and deaths in humanitarian emergencies were much reduced. The humanitarian agenda was ascendant. Then, in 2017, the United Nations identified four situations that threatened famine or breached that threshold in north-eastern Nigeria, Somalia, South Sudan, and Yemen. Today, this list is longer. Each of these famines is the result of military actions and exclusionary, authoritarian politics conducted without regard to the wellbeing or even the survival of people. Violations of international law including blockading ports, attacks on health facilities, violence against humanitarian ...
The Morality of the Laws of War
Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder. Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing ...
Human Rights at Risk
Human Rights at Risk brings together social scientists, legal scholars, and humanities scholars to analyze the policy challenges of human rights protection in the twenty-first century. The book focuses on international institutions, thematic blind spots in policy-making, and the role of the United States as a global and domestic actor in human rights protection.
Proving International Crimes
Proving International Crimes elucidates how international criminal tribunals have tackled the immense and complex task of proving international crimes such as genocide, war crimes, and crimes against humanity. The challenges posed by the scale and scope of these crimes and the distance in time and space between their commission and their prosecution are well-known. Nevertheless, investigators, lawyers, scholars, and policy makers often look to the law and practice of international criminal tribunals to establish what standards need to be met in the collection, preservation, presentation, and analysis of evidence to prove international crimes. In offering a comprehensive account of the law an...
The Defence of Mistake of Law in International Criminal Law
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of t...
The Belt and Road Initiative
This 28-chapter volume brings together academics and practitioners to provide a comprehensive legal, economic and political analysis of the Belt and Road (BRI) initiative that has emerged since 2013 as a key feature of China’s international economic policy. It offers a fundamentally novel approach towards international trade, investment and global governance in an unsettled time of shifting geopolitics when many institutions developed in the West are being called into question. The book covers a broad range of BRI-related international economic law and policy issues, including trade facilitation and connectivity, economics and geopolitics of new trade routes, foreign direct investment law, bilateral investment treaties, free trade agreements, financing of infrastructure, development aid, international dispute resolution, and regional economic integration.
The Legality of Economic Activities in Occupied Territories
This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad b...
International Criminal Tribunals and Domestic Accountability
In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states ...
International Humanitarian Law
In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.
