Download or read book La responsabilit internationale des entreprises multinationales pour les crimes internationaux commis dans les conflits arm s non internationaux written by Jelena Aparac and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: La nature des conflits armés a significativement changé ces dernières décennies car ils sont devenus de plus en plus asymétriques. Des études multiples montrent que plus l'État est riche en ressources naturelles, plus il a la possibilité de subir un conflit interne de long durée. Parmi les acteurs impliqués, les entreprises multinationales contribuent directement ou indirectement non seulement aux conflits, mais aussi aux crimes qui sont commis dans ce contexte. Parmi elles, les sociétés militaires et de sécurité privées, les entreprises de l'industrie extractive et les institutions financières privées sont particulièrement impliquées. La première partie de cette thèse étudie la cristallisation progressive du droit substantiel et le fondement de la théorie de la responsabilité internationale des entreprises multinationales en raison de leur participation aux crimes internationaux. A la différence de l'approche traditionnelle de droit international public, le droit international humanitaire, applicable en période de conflit armé, est opposable aux acteurs non étatiques, et donc également aux entreprises multinationales. De ce fait, ce droit, ainsi que le droit international pénal, peuvent être des fondements de la responsabilité internationale des entreprises multinationales. Ce postulat a été accepté dès les procès de Nuremberg qui ont pour la première fois écarté le principe de societas delinquere non potest et reconnu le rôle des entreprises dans les conflit armés. Malgré la multiplication des initiatives de la soft law relatives à la responsabilité sociale des entreprises, force est de constater que celles-ci ne sont pas suffisantes, car elles ne prennent pas en compte les situations de conflits armés. Aussi, pour justifier l'application du droit international humanitaire aux entreprises, la présente étude identifie le statut des entreprises, leurs obligations et les conséquences de la violation, puis explique les modalités de l'attribution des crimes aux entreprises en analysant les formes directes et indirectes de participation en cause. La deuxième partie de la thèse explore les possibilités de la mise en œuvre de la responsabilité des entreprises devant des mécanismes et tribunaux internationaux. Dans un premier temps, l'auteur s'interroge sur les possibilités d'engager la responsabilité des entreprises multinationales devant les mécanismes pénaux, y compris devant la Cour pénale internationale (moyennant la modification du Statut de Rome). Enfin, la thèse s'achève sur une étude des mécanismes ne relevant pas de la logique pénale. L'auteur questionne ainsi les options existantes devant les institutions spécialisées en matière de droits de l'Homme et de de droit international économique. L'auteur parachève son étude par une analyse de la documentation des crimes d'entreprises, réalisée soit par des enquêtes officielles, soit par la société civile et des tribunaux d'opinions. L'auteur conclut que la voie de la procédure internationale pénale est la plus adaptée pour la mise en œuvre de la responsabilité des entreprises multinationales pour leurs participations dans des crimes internationaux, sans que cela exclut d'autres mécanismes compétents qui demeurent des voies complémentaires.
Download or read book Parliamentary Oversight of the Security Sector written by Philipp Fluri and published by DCAF. This book was released on 2003 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Detention in Non international Armed Conflict written by Lawrence Hill-Cawthorne and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
Download or read book Making Better International Law written by and published by . This book was released on 1998 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.
Download or read book New Rules for Victims of Armed Conflicts written by Michael Bothe and published by Martinus Nijhoff Publishers. This book was released on 1982-04-30 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Download or read book French Mercenaries Violence and Systems of Domination in Sub Saharan Africa 1960 1989 written by Walter Bruyère-Ostells and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The revival of mercenaries is a phenomenon occurring concomitantly with African decolonization. From 1960 to the end of the Cold War mercenaries took part in the development of political and armed violence on the African continent. This book highlights the activities of French mercenaries and provides key witness of their active role in the local turmoil and violence in post-colonial African states with the major players of industry, arms trafficking, non-African actors imposing their influence and the African powers themselves.
Download or read book The Practical Guide to Humanitarian Law written by Françoise Bouchet-Saulnier and published by Rowman & Littlefield Publishers. This book was released on 2013-12-12 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Hackers written by Paul A. Taylor and published by Psychology Press. This book was released on 1999 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text the author looks at the battle between the computer underground and the security industry. He talks to people on both sides of the law about the practicalities, objectives and wider implications of what they do.
Download or read book Commentary on the Second Geneva Convention written by and published by Cambridge University Press. This book was released on 2017-12-21 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application and interpretation of the four Geneva Conventions of 1949 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, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. 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, including naval experts. It is an essential tool for anyone working or studying within this field.
Download or read book The New Censorship written by Joel Simon and published by Columbia University Press. This book was released on 2014-11-11 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the media is under fire and how to safeguard journalists and the information they seek to share with the public. Journalists are being imprisoned and killed in record numbers. Online surveillance is annihilating privacy, and the Internet can be brought under government control at any time. Joel Simon, the executive director of the Committee to Protect Journalists, warns that we can no longer assume that our global information ecosystem is stable, protected, and robust. Journalists are increasingly vulnerable to attack by authoritarian governments, militants, criminals, and terrorists, who all seek to use technology, political pressure, and violence to set the global information agenda. Reporting from Pakistan, Russia, Turkey, Egypt, and Mexico, among other hotspots, Simon finds journalists under threat from all sides. The result is a growing crisis in information—a shortage of the news we need to make sense of our globalized world and fight human rights abuses, manage conflict, and promote accountability. Drawing on his experience defending journalists on the front lines, he calls on “global citizens,” U.S. policy makers, international law advocates, and human rights groups to create a global freedom-of-expression agenda tied to trade, climate, and other major negotiations. He proposes ten key priorities, including combating the murder of journalists, ending censorship, and developing a global free-expression charter to challenge the criminal and corrupt forces that seek to manipulate the world's news. “Wise and insightful. [Simon] offers hope to all who care about maintaining the free flow of information in a world full of would-be censors.”—Ann Cooper, Columbia Journalism School
Download or read book Economic and social consequences of the arms race and of military expenditures report of the Secretary General written by and published by . This book was released on 1972 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Criminal Justice written by Professor Roberto Bellelli and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice by using case studies to provide advice for possible future developments in international criminal procedure and law.
Download or read book Law at War written by Ola Engdahl and published by BRILL. This book was released on 2008 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of this volume have been inspired by the scholar to which this "Liber Amicorum" is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals. The volume also contains a bibliography and a presentation of Professor Bring's work.
Download or read book Promotional Framework for Occupational Safety and Health written by and published by International Labour Organization. This book was released on 2006 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gives the replies, responses to specific questions and observations, received from governments, employers' and workers' organizations, concerning the proposed Convention and proposed Recommendation on the promotional framework for occupational safety and health.
Download or read book Stuck written by Marc Sommers and published by University of Georgia Press. This book was released on 2012 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Young people are transforming the global landscape. As the human population today is younger and more urban than ever before, prospects for achieving adulthood dwindle while urban migration soars. Devastated by genocide, hailed as a spectacular success, and critiqued for its human rights record, the Central African nation of Rwanda provides a compelling setting for grasping new challenges to the world's youth. Spotlighting failed masculinity, urban desperation, and forceful governance, Marc Sommers tells the dramatic story of young Rwandans who are “stuck,” striving against near-impossible odds to become adults. In Rwandan culture, female youth must wait, often in vain, for male youth to build a house before they can marry. Only then can male and female youth gain acceptance as adults. However, Rwanda's severe housing crisis means that most male youth are on a treadmill toward failure, unable to build their house yet having no choice but to try. What follows is too often tragic. Rural youth face a future as failed adults, while many who migrate to the capital fail to secure a stable life and turn fatalistic about contracting HIV/AIDS. Featuring insightful interviews with youth, adults, and government officials, Stuck tells the story of an ambitious, controlling government trying to govern an exceptionally young and poor population in a densely populated and rapidly urbanizing country. This pioneering book sheds new light on the struggle to come of age and suggests new pathways toward the attainment of security, development, and coexistence in Africa and beyond. Published in association with the United States Institute of Peace
Download or read book Africa s Critical Choices written by Dunod Editeur and published by Europa Regional Perspectives. This book was released on 2019 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines contemporary Africa, a vast continent which, while entering the era of globalization, is also confronted by a number of issues, including the environment and climate change, demographics, trade issues, internal and external migration, education, economic Issues, governance, and the influence of other countries. Written by former Prime Minister of Niger and current Chief Executive Officer of the Secretariat of the New Partnership for Africa's Development (NEPAD), Dr Ibrahim Assane Mayaki, this book offers an overview of Africa, and looks to the next generation of leaders in the continent, aiming to offer a manifesto for future change.
Download or read book Of War and Law written by David Kennedy and published by Princeton University Press. This book was released on 2009-01-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
