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International Criminal Law in Context
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it...
Legal Normativity in the Resolution of Internal Armed Conflict
Drawing on the texts and historical processes of peace resolutions, this book illustrates how conflict resolution constructs legal norms.
Experts, Networks and International Law
This book highlights the power, influence and effectiveness of experts and networks as new forms of international governance.
Human Rights and Subjectivity
This book draws on a range of theoretical frameworks to challenge the limited conception of subjectivity upon which human rights are based. The book focuses on some of the ways in which dominant discourses are in tension with human rights’ fundamental claim to universality by ignoring multiple ways of being. Different theoretical and methodological approaches are used to analyse this creation of exclusions. These include Hannah Arendt’s figure of the refugee, posthumanist critiques and non-Western critical theories such as Black, Indigenous and decolonial approaches. Often these approaches are used in isolation, but together they reveal how the dominant concept of subjectivity has always...
The Justice Factory
Explores why global justice and management have become so intimately connected within the ICC, and with what effects.
Law and Peace
This book provides a critical introduction to the multifaceted relationship between law and peace. It introduces the reader to different conceptions of both law and peace, highlighting non-dominant conceptions, and considers the historical and hegemonic dimensions of this relationship. One of the main objectives is to critique the ways in which law has tried, often unsuccessfully, to prevent and resolve armed conflict and to promote peace. The book draws on several critical theories, including postcolonial studies, feminist and queer approaches as well as legal pluralism, to review the prevailing (neo-)liberal legal approaches to peace and peacemaking and their focus on state sovereignty, national interests, and state-based institutions. Emphasizing the plural nature and relational aspects of law and peace, the book seeks to challenge common assumptions about law and peace and outlines further opportunities for law to play a more constructive role in this regard. This book hence offers a comprehensive and fundamental critique of the relationship between law and peace. It also innovates through its creative reliance on several critical theories.
Rethinking Transitional Gender Justice
This book draws together established and emerging scholars from sociology, law, history, political science and education to examine the global and local issues in the pursuit of gender justice in post-conflict settings. This examination is especially important given the disappointing progress made to date in spite of concerted efforts over the last two decades. With contributions from both academics and practitioners working at national and international levels, this work integrates theory and practice, examining both global problems and highly contextual case studies including Kenya, Somalia, Peru, Afghanistan and DRC. The contributors aim to provide a comprehensive and compelling argument for the need to fundamentally rethink global approaches to gender justice.
The Internal Implementation of Peace Agreements After Violent Intrastate Conflict
This study provides guidance on how to best approach the management of an internally-led peace implementation process after violent intrastate conflict, gives an overview of tasks to be taken on, explains the legal framework provided for under international law, and addresses management implications. With a foreword by Nobel Peace Prize Laureate President Martti Ahtisaari.
Towards an Independent Kurdistan: Self-Determination in International Law
Kurdistan is among the world’s most notorious cases of self-determination denied, and the reasons why this outcome remains unachieved reveal as much about the biases of international law as they do about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after World War I, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law o...
