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The Duty to Investigate in Situations of Armed Conflict
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
The Tripartite Realist War: Analysing Russia’s Invasion of Ukraine
The book offers a detailed analysis on Russia’s invasion of Ukraine. A book needs to be written on this to make sense, from a theoretical perspective, why this invasion has occurred and what the main actors are pursuing. The originality rests on testing main international relations theories: realism, liberalism and constructivism to the war that emerges with the practices and approaches during the Cold War to date from the North Atlantic Treaty Organisation (NATO), the Soviet Union (and now Russia) and Ukraine. The monograph commences with a historical overview of NATO and how it has engaged in expansionism policy to further contain Russia in contemporary international affairs with the accession of additional former Soviet states. This helps to explain the current Russian invasion of Ukraine that would attract great readership. The main argument presented rests on the pursuance of realist interests by NATO, Ukraine and Russia for containment, national security interests and as a response to the security dilemma respectively. This has served as the main catalyst of this conflict that has made diplomacy, international law and collective security measures problematic to implement.
Animals in the International Law of Armed Conflict
Raises the novel legal question of animals during warfare, highlighting deficiencies in current practice and suggesting new readings and reforms.
Serious Violations of Human Rights
This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victi...
The Right to Be Present at Trial in International Criminal Law
In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
The International Criminal Court in Search of its Purpose and Identity
The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in ...
Mussolini, Mustard Gas and the Fascist Way of War
In early October 1935 and without any declaration of war some two hundred thousand men, comprising soldiers and airmen of the Italian armed forces, Fascist ‘Blackshirt’ Militia, Eritrean ascari and Somali dubats, invaded the independent state of Ethiopia (Abyssinia). It was an operation entirely of choice, the chooser being Il Duce: Benito Mussolini. The resultant conflict is often described as a colonial war. while it was certainly launched with the intent of turning Ethiopia into an Italian possession, it was in fact a war of aggression against an independent, sovereign, state with membership of the League of Nations. A state that had, according to one of its nineteenth-century rulers,...
Armed Groups and International Law
Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful volume identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. This title contains one or more Open Access chapters.
The Companion to International Humanitarian Law
This important and unique volume begins with seven essays that discuss the contemporary challenges to implementing international humanitarian law. Its second and largest section comprises 263 entries covering the vast majority of IHL concepts. Written by a wide range of experts, each entry explains the essential legal parameters of a particular element of IHL, while offering practical examples and, where relevant, historical considerations, and supplying a short bibliography for further research. The starting point for the selection were notions arising from the Geneva Conventions, the Additional Protocols, and other IHL treaties. However, the reader will also encounter entries going beyond ...
