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Modern Warfare
The face of modern warfare is changing as more and more humanitarian organizations, private military companies, and non-state groups enter complex security environments such as Iraq, Afghanistan, and Haiti. Although this shift has been overshadowed by legal issues connected to the War on Terror and intervention in countries such as Rwanda and Sudan, it has caused some to question the relevance of the laws of war. To bridge the widening gap between the theory and practice of the law, Modern Warfare brings together both scholars and practitioners who offer diverse perspectives on the key challenges to the law’s legitimacy: how to ensure compliance among non-state groups; the proliferation of private military companies in the employ of humanitarian organizations; tension between the idea of humanitarian space and counterinsurgency doctrines; and the phenomenon of urban violence. By bringing to light the law’s limitations – and potential – this timely book opens a path to preventing further unnecessary suffering and violence.
Accountability for Violations of International Humanitarian Law
International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of la...
The Woman President
Too much attention is paid to the absence of women leaders around the world rather than their presence, leaving a gap in our understanding of the difference women leaders make on the lives of fellow women. The Woman President presents a unique comparative study of women's leadership and the law, offering new ways for understanding the impact of female presidential leadership on women's everyday lives by analysing the legal legacies of four women presidents: Corazon Aquino (1986-1992), Gloria Macapagal Arroyo (2001-2010), Megawati Sukarnoputri (2001-2004), and Chandrika Bandaranaike Kumaratunga (1994-2005). It uses a new and innovative methodology, the Gender Legislative Index, to score laws ...
Denial, Delay, Diversion
Principled humanitarian action is under attack around the world. Globally, 70.8 million people are considered forcibly displaced by armed conflict and nearly 132 million people need emergency humanitarian assistance. At the same time, there has been a steep escalation in the deliberate, willful obstruction of humanitarian access, impeding the ability of humanitarian aid to reach the most vulnerable people and vice versa. As humanitarian emergencies become increasingly complex and protracted, blocked humanitarian access will only increase without urgent action. To ensure the ability of aid to reach those who need it most and to uphold the principles of international humanitarian law, the United States should elevate humanitarian access as a foreign policy priority and work to reconcile tensions between critical national security measures and the growing needs of vulnerable populations in fragile, conflict-affected states. This report is the result of the CSIS Task Force on Humanitarian Access.
The Law of International Humanitarian Relief in Non-International Armed Conflicts
This book comprehensively covers the entire scope of conflicting rights and duties of the fighting parties and international humanitarian relief actors in non-international armed conflicts, namely from the moment of the initiation of international humanitarian relief actions till their authorisation and throughout the consecutive stages of the delivery of relief. From the practice of frontline humanitarian negotiations, this book reconceptualizes how those rights and duties are coming into being and how compliance with agreements on humanitarian access and other international humanitarian law and international human rights norms can be ensured and/or their normativity can be strengthened.
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.
The Treatment of Combatants and Insurgents Under the Law of Armed Conflict
This book looks at why international law continues to make the legal distinction between persons who participate in an international or an internal armed conflict and, drawing on considerable legal precedent, legal theory, and the situation in Guantanamo Bay, it argues that it is time for the law of armed conflict to be applied more uniformly.
Commentary on the First Geneva Convention
The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The First Convention is a foundational text of international humanitarian law. It contains the essential rules on the protection of the wounded and sick, those assigned to their care, and the red cross and red crescent emblems. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world. It is an essential tool for anyone working or studying within this field.
Research Handbook on Compliance in International Human Rights Law
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Norm Antipreneurs and the Politics of Resistance to Global Normative Change
Over recent decades International Relations scholars have investigated norm dynamics processes at some length, with the ‘norm entrepreneur’ concept having become a common reference point in the literature. The focus on norm entrepreneurs has, however, resulted in a bias towards investigating the agents and processes of successful normative change. This book challenges this inherent bias by explicitly focusing on those who resist normative change - norm ‘antipreneurs’. The utility of the norm antipreneur concept is explored through a series of case studies encompassing a range of issue areas and contributed by a mix of well-known and emergent scholars of norm dynamics. In examining th...
