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Man's Inhumanity to Man
This volume contains a unique collection of essays on various aspects of current interest within the field of public international law, international criminal law, human rights and humanitarian law. The wide range and topicality of the issues covered bears witness to the vast professional experience of Antonio Cassese, the first President of the ICTY, in whose honour this collection has been compiled, and to the many fields of scholarship in which he has left a permanent mark. Written by a selection of renowned academics and practitioners, Man’s Inhumanity to Man offers the reader thought-provoking discussion on the International Criminal Court, the ICTY and International Criminal Tribunal for Rwanda and other aspects of international criminal justice; on truth commissions and amnesties in the aftermath of armed conflicts; on military humanitarian intervention and the development of human rights protection.
Looking to the Future
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
The Formation of the Treaty Law of Non-International Armed Conflicts
The purpose of this work is to trace the processes that led and continue to lead to the formation of the treaty norms applicable in non-international armed conflicts. If the purpose of humanitarian law is to achieve a balance between military necessity and humanitarian considerations and to prevent unnecessary suffering and destruction, humanitarian law rules should be equally applicable to both international and internal armed conflicts. Whilst, however, there are a huge number of treaty provisions applicable to international armed conflicts, very few provisions are specifically designed to regulate non-international armed conflicts despite the dramatic increase in the number of such conflicts. The study investigates the reasons behind the differences by analysing, inter alia, questions such as: Where does the international law of internal armed conflicts come from? Why did it evolve differently from the law regulating international armed conflicts? Where is the international law of internal armed conflicts going?
The Trial Proceedings Of The International Criminal Court
Contains the trial proceedings of the International Criminal Court, the ICTY and the ICTR in one single volume. This book covers the procedural and evidentiary aspects of the trials before the ICC from the beginning of an investigation until the time the convict has served the sentence and it includes ICTY and ICTR precedents.
Violations of the Rules Applicable in Non-International Armed Conflicts and Their Possible Causes
While all armed conflicts are marked by violations of international humanitarian law, non-international armed conflicts appear to be characterised by even more serious violations of international humanitarian law on a colossal scale. This study is aimed at understanding the possible factors that may cause parties to non-international armed conflicts to engage in violations despite the fact that not only international humanitarian law but also other bodies of rules (e.g. legal and moral) impose restrictions and obligations similar to international humanitarian law. Somalia, which for over two decaces has been experiencing internal armed conflicts marked by widespread violations, is a typical ...
The Institutionalization of the International Criminal Court
This book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.
Listening to the Silences
Demonstrates that women are taking on increasingly less traditional roles during war, and that these roles are multifaceted, complicated and sometimes contradictory. Reveals that women's requirements during times of war will continue to be inadequate so long as we continue silencing the differing perspectives. Australian editors.
The Contemporary Law of Targeting
This book provides an analysis of the law of targeting during an armed conflict; focusing on what is a lawful target, what is proportional collateral damage, and describing a process by which legal responsibility for targeting decisions can be assessed.
Stopping Wars and Making Peace
War-stopping techniques in the Falklands / Christina Parajon -- Nagorno Karabakh : a war without peace / Nicholas W. Miller -- War and peace in Rwanda / Tom Dannenbaum -- War-stopping and peacemaking in Mozambique / Caroline Gross.
Reflections on the Law of War
The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohib...
