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The ICC as a New Instrument for Repressing Terrorism
THE ICC AS A NEW INSTRUMENT FOR REPRESSING TERRORISM received the 2004 Honorable Mention Award of ASIL's Francis Lieber Society. Its author, Roberta Arnold, received the Walther Hug Prize for being one of the top Swiss PhDs in 2004. This insightful work analyzes the deficiencies of the existing counter-terrorism framework and assesses whether acts commonly referred to as "terrorism" are actually war crimes, crimes against humanity, genocide, and aggression, thereby falling within the jurisdiction of the International Criminal Court. Following a discussion of the international law definition of terrorism, in particular the anti-terrorism conventions and international humanitarian law, the aut...
International Humanitarian Law and Human Rights Law
Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.
Human Rights in Armed Conflict
A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
Law Enforcement Within the Framework of Peace Support Operations
Since the end of the Cold War and the emergence of a oeasymmetrica threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the format of a handbook, to those deployed in the field and who are confronted with legal issues. In ...
Transnational Conflicts and International Law
Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operatio...
The Concept of Universal Crimes in International Law
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
A Theory of Punishable Participation in Universal Crimes
This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and dom...
