Download or read book African Yearbook of International Law Annuaire Africain de Droit International Volume 10 2002 written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciation of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. "The African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African state institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also subject of continuous attention and examination.

Download or read book Ensuring compliance with International Humanitarian Law The EU France and Spain written by Steible, Bettina and published by Universidad Pública de Navarra/Nafarroako Unibertsitate Publikoa. This book was released on 2020-08-24 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Según los términos del Artículo 1 Común a los cuatro Convenios de Ginebra de 1949, los Estados partes quedan sujetos a una obligación de respetar y de hacer respetar el Derecho Internacional Humanitario (DIH). En este libro se analiza si la Unión Europea (UE) y dos de sus Estados Miembros –Francia y España– ejecutan su obligación de hacer respetar el DIH. Concretamente, se trata de analizar cómo dos corpus jurídicos originalmente indiferentes el uno del otro, el DIH y el Derecho de la Unión, llegaron a converger y entrelazarse. Se sostiene que la aplicación del DIH ha de ser analizada desde una perspectiva multinivel. Mientras el DIH depende de los Estados para asegurar su efectividad, el proceso de integración europea obliga a añadir el nivel supranacional: la UE. Esta configuración genera un círculo virtuoso de cumplimiento del DIH según el cual la autoridad jurídica del Artículo 1 Común queda reforzada, lo cual conlleva una mejor implementación del DIH. Asimismo, la UE proyecta sus valores en la escena internacional y se ve reforzada en su calidad de líder en materia de derechos humanos. Además, la UE constituye un nivel adicional tanto de garantía como de actuación para sus Estados Miembros, que la usan para dar efecto a sus obligaciones derivadas del DIH. Se sostiene pues, que la UE se ha establecido como un actor esencial del DIH en la escena internacional. La UE –un autoproclamado líder en materia de derechos humanos– y sus Estados Miembros no solamente quedan vinculados por el Artículo 1 Común, sino que han aceptado de ejecutar su mandato de manera efectiva en la escena internacional.

Download or read book The UN Security Council Members Responsibility to Protect written by Andreas S. Kolb and published by Springer. This book was released on 2017-12-04 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book La n cessit en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.

Download or read book The Protection of Non Combatants During Armed Conflict and Safeguarding the Rights of Victims in Post Conflict Society written by Philipp Ambach and published by BRILL. This book was released on 2015-05-19 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.

Download or read book The Development and Principles of International Humanitarian Law written by MichaelN. Schmitt and published by Routledge. This book was released on 2017-07-05 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.

Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

Download or read book Enforcing Obligations Erga Omnes in International Law written by Christian J. Tams and published by Cambridge University Press. This book was released on 2005-12-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

Download or read book International Law Conflict and Development written by Walter Kälin and published by BRILL. This book was released on 2010-01-11 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experience and research have long shown an intrinsic link between human rights, conflict and development. This interdependence between different areas, doctrines, and disciplines calls for a genuinely coherent, holistic approach in International Affairs. With the challenges the work for the protection and respect of humanity encounters, this book intends to bring together articles and ideas that indicate the complexity of such an endeavor. The chapters, written by academics and practitioners encompass snapshots of crucial development lines as well as conceptual ideas and frameworks. In doing so the book provides insight to the principal understanding that peace efforts, encapsulating human rights, conflict management and development, can only be sustained and flourish as long as conflicting parties have at least a minimal consensus and will to settle their differences peacefully. As a Liber Amicorum for Joseph Voyame the book honors the determination for humanity and respect for human dignity and peaceful mitigation of conflict which marked his life and work.

Download or read book Commentary on the First Geneva Convention written by International Committee of the Red Cross and published by Cambridge University Press. This book was released on 2016-12-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Humanitarian Law Origins written by John Carey and published by BRILL. This book was released on 2015-01-27 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In three distinct volumes the editors bring together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. At a time when the war crimes of recent decades are being examined in the International Criminal Tribunals for Former Yugoslavia and Rwanda and a new International Criminal Court is being created as a permanent venue to try such crimes, the role of international humanitarian law is seminal to the functioning of such attempts to establish a just world order. The intent of these volumes is to help to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future. The other volumes in this set are International Humanitarian Law: Challenges and International Humanitarian Law: Prospects Published under the Transnational Publishers imprint.

Download or read book The Responsibility to Protect written by SONJA GROVER and published by Routledge. This book was released on 2018-03-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Protect . R2P refers to the notion that the international community has a legal responsibility to protect civilians against the potential or ongoing occurrence of the mass atrocity crimes of genocide, large scale war crimes, ethnic cleansing and crimes against humanity. R2P allows for intervention where the individual State is unable or unwilling to so protect its people or is in fact a perpetrator. The book addresses also the controversial issue of whether intervention by States implementing R2P with or without the endorsement of the United Nations Security Council constitutes a State act of aggression or instead is legally justified and not an infringement on the offending State’s sovereign jurisdiction. The adverse impact on global peace and security of the failure to protect civilians from mass atrocity crimes has put in stark relief the need to address anew the principle of ‘responsibility to protect’ and the feasibility and wisdom of its application and this book is a significant contribution to that effort. This book was originally published as a special issue of the International Journal of Human Rights.

Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Download or read book Recueil Des Cours 1984 written by Académie de droit international de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1989-03-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2020-03-17 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.

Download or read book Party Status to Armed Conflict in International Law written by Alexander Wentker and published by Oxford University Press. This book was released on 2024-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what constitutes an armed conflict has featured prominently in international law debates. However, international lawyers have paid less attention to the inextricable question of who is engaged in a conflict, focusing solely on whether there is an armed conflict. Against this backdrop, Alexander Wentker's Party Status to Armed Conflict in International Law explores why it matters and how it is established that a State, international organization, or armed group is a party to an armed conflict. The first part of the book demonstrates that party status is central at all levels of the international legal regulation of armed conflicts, with parties to armed conflict being both key addressees of international law and central reference points for regulating individuals and third parties. In response to increasingly widespread cooperation practices, the book's second part advances an analytical framework for identifying parties to conflicts with multiple parties on the same side (or 'co-parties'). Party Status to Armed Conflict in International Law is aimed at academics, students, and practitioners seeking to understand how armed conflicts are legally regulated. It presents readers with a refined account of how responsibilities are allocated in armed conflicts, enabling deeper insight into how international law can best respond to the realities of contemporary conflicts.

Download or read book WAR CRIMES IN INTERNAL ARMED CONFLICTS written by EVELA HAYE and published by Lulu.com. This book was released on 2019-04-15 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew from many personal and professional experiences, researching and teaching at the London School of Economics and Political Science, working at the International Criminal Tribunal for the former Yugoslavia (ICTY) and taking part in the negotiations of the International Criminal Court (ICC) statute and the elements of crimes, and from stimulating discussions with many friends and colleagues along the journ