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"With the use of drones in a stable manner by some states active in the war on terror, we are witnessing the pursuit of anywhere and endless wars. This book will catch the attention of readers interested in deciphering key contemporary phenomena, as well as the role of technology and the law in facilitating them"--
This book, a follow-up publication to the 2016 volume Foreign Fighters under International Law and Beyond, zooms in on the responses that the international community and individual States are implementing in response to (prospective and actual) returning foreign fighters (FFs) and their families, focusing on returnees from Syria and Iraq to European countries. As States and international organisations are still ‘learning by doing’, the role of the academic community is to help steer the process by bridging the divide between international standards and their implementation at the national level and between security concerns and human rights law. Furthermore, the academic community can an...
Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
The technological characteristics of drones, together with the law, have been instrumental in expanding warfare in time and space in the counter-terrorism context.
There are legal limits on the circumstances under which states may use military force to address a perceived or actual threat. The concepts of necessity and proportionality are central to these limitations imposed by the law. Necessity and Proportionality in International Peace and Security Law explores the many ways in which necessity and proportionality arise in the law on the modern battlefield, which is rapidly changing, complex, and ambiguous.
The rise of American Empire has coincided with appeals for a more humane war. But what if efforts to make war more ethical-to ban torture and limit civilian casualties-have only shored up the military enterprise and made it sturdier? During this period the campaign to abolish wars has transformed into to opposing war crimes, with fateful consequences. The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its fo...
Volume 25 of the Yearbook of International Humanitarian Law (IHL) sheds light on the interplay between IHL and other adjacent branches of international law. This Volume moves beyond the traditional preoccupation of examining IHL’s relations with international human rights law, the law on the use of force and international criminal law. Authors were invited to discuss, both in general and specific terms, doctrinally and theoretically, interactions between IHL and other neighbouring frameworks. Accordingly, this Volume is dedicated to exploring the interrelationship between IHL and other adjacent frameworks, such as international environmental law, international investment law, the law on de...
The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injus...
The Global Community Yearbook of International Law and Jurisprudence features an annual review of global issues and legal developments from international courts and tribunals. The 2023 edition explores threats to democracy and the environment, international reparations issues, the implications of the Russia-Ukraine and Israel-Palestine conflicts pertaining to international law, and the legality of the ECOWAS's intervention in Niger, among other topics.