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The Responsibility to Protect in International Law
This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the...
Perspectives on the ICRC Study on Customary International Humanitarian Law
A commentary on Customary International Humanitarian Law (Cambridge, 2005).
International Military Missions and International Law
By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
The UN Security Council Members' Responsibility to Protect
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
Religion, Human Rights and International Law
Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
Research Handbook on Disasters and International Law
Introduction / Susan C. Breau and Katja L.H. Samuel -- Global capitalism and the crisis of the public interest - sleepwalking into diaster / Christopher Newdick -- Closing 'the yawning gap'? International disaster response law at fifteen / Kiresten Nakjavani Bookmiller -- Responses by states / Susan C. Breau -- Human rights and natural disasters / Kristian Cedervall Lauta -- Adverse human agency and disasters : a role for international criminal law? / Evelyne Schmid -- The international humanitarian law framework for humanitarian relief during armed conflicts and complex emergencies / Tilman Rodenhäuser and Gilles Giacca -- Disasters, international environmetal law and the Antropocene / Tim...
The Use of Force in International Law
Since the adoption of the UN Charter in 1945, the use of cross-border force has been frequent. This volume invites a range of experts to examine over sixty conflicts, from military interventions to targeted killings and hostage rescue operations, and to ask how powerful precedent can be in determining hostile encounters in international law.
State Immunity and Cultural Objects on Loan
This study examines whether there is any rule of (customary) international law stipulating that cultural objects belonging to foreign States that are on loan for temporary exhibition are immune from seizure, or whether such a rule is emerging.
Research Handbook on Transitional Justice
Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.
