International Humanitarian Law And Justice

In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.

This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

International law is increasingly applied in domestic courts. This can result in situations where the courts are being asked to rule on politically sensitive issues, especially issues which involve actions during armed conflicts. Domestic courts do not show a uniformity of approach in addressing cases concerning international humanitarian law, and can often be seen to differ markedly in their response. The book argues that different national courts demonstrate different functional roles in different countries. These can be situated on a scale from apology to utopia, which can be set out as follows: (1) the apologist role of courts, in which they serve as a legitimating agency of the state's actions; (2) the avoiding role of courts, in which they, for policy considerations, avoid exercising jurisdiction over a case; (3) The deferral role of courts, in which courts defer back to the other branches of the government the responsibility of finding an appropriate remedy (4) the normative application role of courts, in which they apply international humanitarian law as required by the rule of law; and (5) the utopian role of courts, in which they introduce moral judgments in favour of the protection of the individual, beyond the requirements of the law. The book investigates the rulings of five key domestic courts, those of the UK, the USA, Canada, Italy, and Israel, to understand how their approaches differ, and where their practice can be placed on the methological scale. This analysis has been assisted by the author's extensive field work, notably in Israel and in the Occupied Palestinian Territories. Providing a detailed understanding each court's function, the book offers a critical analysis of the courts' rulings, in which both the legal arguments and the political context of cases they have ruled on are examined. The book shows that the functional role of the national courts is a combination of contradictions and mixed attitudes, and that national courts are in the process of defining their own role as enforcing organs of international humanitarian law.

General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

This book reflects a primary response by international civil society to US disregard for international law. It is a damning indictment of the Hiroshimas of our time. It provides a cogent elaboration of the international legal values to be defended, for humanity to triumph over the new wave of global barbarism brought about by the efforts of the United States to consolidate and extend the dimensions of its empire. Once the champion of the United Nations, the United States now skirts the Geneva Conventions, uses international humanitarian law as a pretext for intervention, engages in bombardments causing grave civilian losses, seeks to expand its options in relation to torture while continuing to render prisoners to countries known for its practice. Having failed in its effort to block the establishment of the International Criminal Court, the United States still refuses to ratify its Statute--even though the ICC Statute modified the rules of the 1977 Geneva Protocol and The Hague in an effort to satisfy the trajectory pursued by U.S. foreign policy. The United States' pursuit of a unilateral imperial policy based on military force destroys the credibility of the nascent international legal framework. Rather, the US is leading the world by example toward a future without rules or values, where humanity is subject to the whims of the more powerful. Former government officials, scholars, advocates and directors of international organizations operating at the highest level in the areas of international humanitarian law address the relevant international law, the threats thereto by US policy, its ramifications for the world system, and possible avenues of legal recourse.

This book represents the first effort in assessing the role and contribution of the International Court of Justice (ICJ) in interpreting and developing rules and principles of international human rights and humanitarian law. First, the book addresses the Court's possibilities and limitations in the fields of international human rights and humanitarian law. Second, in exposing the contribution of the Court, the book provides a detailed analysis of relevant case law stretching from its establishment in 1946 to the end of 2007. It should be noted that through its case law, the Court has managed to wed international law to humanitarian demands for protection and respect for individual human rights, human life, and human dignity. The third component of the book looks into the relationship between the ICJ and specialized international human rights and humanitarian law courts and tribunals and international quasi-judicial bodies. Finally, the author offers a number of conclusions and recommendations aimed at enhancing the possible role and impact of the ICJ and improving the international legal system concerned with the promotion and the protection of human rights. Intersentia is proud to announce that both Antoine Buyse and Gentian Zyberi won the Max van der Stoel Human Rights Award 2008.