Child Soldiers And The Defence Of Duress Under International Criminal Law

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Child Soldiers and the Defence of Duress under International Criminal Law

Author : Windell Nortje
Publisher : Springer
ISBN 13 : 3030206637
Total Pages : 160 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Child Soldiers and the Defence of Duress under International Criminal Law by : Windell Nortje

Download or read book Child Soldiers and the Defence of Duress under International Criminal Law written by Windell Nortje and published by Springer. This book was released on 2019-07-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.

Child soldiers in international law

Author : Matthew Happold
Publisher : Manchester University Press
ISBN 13 : 1526170469
Total Pages : 274 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Child soldiers in international law by : Matthew Happold

Download or read book Child soldiers in international law written by Matthew Happold and published by Manchester University Press. This book was released on 2022-12-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an eBook for the first time, this 2005 title in the Melland Schill series asks: Can the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue. Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts. This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.

Child Soldiers as Agents of War and Peace

Author : Leonie Steinl
Publisher : Springer
ISBN 13 : 9462652015
Total Pages : 421 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Child Soldiers as Agents of War and Peace by : Leonie Steinl

Download or read book Child Soldiers as Agents of War and Peace written by Leonie Steinl and published by Springer. This book was released on 2017-08-19 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

International Law and Child Soldiers

Author : Gus Waschefort
Publisher : Bloomsbury Publishing
ISBN 13 : 178225434X
Total Pages : 377 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis International Law and Child Soldiers by : Gus Waschefort

Download or read book International Law and Child Soldiers written by Gus Waschefort and published by Bloomsbury Publishing. This book was released on 2014-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

The War Crime of Child Soldier Recruitment

Author : Julie McBride
Publisher : Springer Science & Business Media
ISBN 13 : 9067049212
Total Pages : 216 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis The War Crime of Child Soldier Recruitment by : Julie McBride

Download or read book The War Crime of Child Soldier Recruitment written by Julie McBride and published by Springer Science & Business Media. This book was released on 2013-11-05 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

Child Soldier Victims of Genocidal Forcible Transfer

Author : Sonja C. Grover
Publisher : Springer Science & Business Media
ISBN 13 : 3642236138
Total Pages : 315 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Child Soldier Victims of Genocidal Forcible Transfer by : Sonja C. Grover

Download or read book Child Soldier Victims of Genocidal Forcible Transfer written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2012-01-05 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.

The Persecution of Children as a Crime Against Humanity

Author : Sonja C. Grover
Publisher : Springer Nature
ISBN 13 : 3030750027
Total Pages : 210 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The Persecution of Children as a Crime Against Humanity by : Sonja C. Grover

Download or read book The Persecution of Children as a Crime Against Humanity written by Sonja C. Grover and published by Springer Nature. This book was released on 2021-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses age-based persecution of children as a crime against humanity in connection with genocide, crimes against humanity and war crimes (persecution - with some variation in the elements of the crime - is an existing offence under the Rome Statute of the permanent International Criminal Court, the statutes of various international criminal tribunals i.e. International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia and under the statutes of other international criminal courts (i.e. the Special Court of Sierra Leone)). The book introduces a completely original concept in international criminal law, however, in discussing age-based persecution of children as an international crime against humanity where (i) the particular discrete child collective is targeted ‘as such’ for international atrocity crimes or (ii) individual children are targeted based on their age-based group identity as it intersects with other perpetrator – targeted characteristics such as gender, ethnicity, religion etc.

Sexual Violence Against Child Soldiers

Author : Chiun Min Saeh
Publisher :
ISBN 13 : 9789462405004
Total Pages : 84 pages
Book Rating : 4.4/5 (5 download)

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Book Synopsis Sexual Violence Against Child Soldiers by : Chiun Min Saeh

Download or read book Sexual Violence Against Child Soldiers written by Chiun Min Saeh and published by . This book was released on 2018-06-03 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subjects of child soldiers and conflict-related sexual violence have recurrently been explored but issue of child soldiers who are being sexually violated during armed warfare seem to be a legal gap in international criminal and humanitarian law. International humanitarian law does not generally regulate the conduct of combatants towards other combatants in the same armed group as the conduct of fighters towards soldiers on the same side of the conflict would presumably be monitored by their own internal discipline framework. Whilst there may be a universal understanding that any harmful attacks would be against the enemy, sexual violence is inflicted extensively on both sides equally and in this context, against child soldiers who have limited protection by the law and their own militaries. On that account, this book examines how international criminal law punishes perpetrators who sexually abuse child soldiers within their own troops and how international humanitarian law protects these victims. The distinction between direct/indirect and active participation and its significance/consequences is explored as well as question of when sexual slavery begins and ends with regards to participation of child soldiers and the issue of membership of child soldiers in armed forces. This book also investigates if children who were conscripted and enlisted as child soldiers have separate standards of accountability for the crimes they commit, specifically with regards to the ongoing case of Dominic Ongwen at the International Criminal Court as its point of convergence. Despite the promising progress Bosco Ntaganda's case at the ICC has made, it falls short with engaging in these complex legal questions as it assumes that sexual slavery and participation in hostilities occur at separate times when neither of these exist in a vacuum. Therefore, the limits of international criminal law and humanitarian law in this sphere is delved into with reference to relevant case laws.

Reimagining Child Soldiers in International Law and Policy

Author : Mark A. Drumbl
Publisher : OUP Oxford
ISBN 13 : 0191627690
Total Pages : 254 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Reimagining Child Soldiers in International Law and Policy by : Mark A. Drumbl

Download or read book Reimagining Child Soldiers in International Law and Policy written by Mark A. Drumbl and published by OUP Oxford. This book was released on 2012-01-26 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.

International Criminal Law of Children

Author : Farhad Malekian
Publisher :
ISBN 13 : 9781536187618
Total Pages : 353 pages
Book Rating : 4.1/5 (876 download)

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Book Synopsis International Criminal Law of Children by : Farhad Malekian

Download or read book International Criminal Law of Children written by Farhad Malekian and published by . This book was released on 2020-11-16 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the international criminal law of children, which constitutes one of the major branches of public international criminal law. It brings together the imperative key codes of the international humanitarian law of armed conflict, international human rights law, international criminal law, and international criminal justice in conjunction with the legal statute of children, with a diverse range of methods and positions on the origin of national criminal laws. It proves that children are an especially precious subject of international jurisprudence, and therefore violating their rights in the time of armed conflict is not only a crime of international character, but also an assault against the most elementary, ethical philosophy of universal moral justice. The book also addresses questions relating to the rape, torture, or killing of minors/children in different parts of our globe. The theme of the book condemns various brutal conducts authorized by governments against children both in times of war and of peace such as genocide or recruitment of child soldiers. Through this, the book evaluates the principles of jus cogens and erga omnes which have been constantly violated by various states over the last several centuries up until today. The powerful theory of the book is strongly recommended to all law and public libraries in the world. It should be read by students of law and politics, international lawyers, researchers of criminal law, military offices including peacekeeping missions.

International Criminal Accountability and the Rights of Children

Author : Karin Arts
Publisher : Hague Academic Press
ISBN 13 : 9789067044257
Total Pages : 0 pages
Book Rating : 4.0/5 (442 download)

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Book Synopsis International Criminal Accountability and the Rights of Children by : Karin Arts

Download or read book International Criminal Accountability and the Rights of Children written by Karin Arts and published by Hague Academic Press. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly and routinely targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Particularly in situations of armed conflict children prove to be vulnerable and at risk. The situations in Darfur, the Democratic Republic of Congo, the Philippines, Nepal, Colombia, and many others tragically illustrate this. This book is among the very first academic publications that are solely devoted to the topic of international criminal accountability and the rights of children. A rich combination of practitioners (including ICC, ICTY and SCSL prosecutors) and academics present a wealth of relevant material in this field. They explore to what extent international law instruments and international criminal accountability mechanisms are potentially useful for countering violations of children’s rights in and after armed conflict. Likewise, they analyze to what extent the tendency of profiling children’s rights much more strongly than before – mainly under the umbrella of the 1989 UN Convention on the Rights of the Child and in the form of child rights-based approaches – converges with the features of international criminal accountability mechanisms such as the International Criminal Court, the Yugoslavia and Rwanda Tribunals, and the Special Court for Sierra Leone. Next to academics interested in the fields of international criminal law and human rights law, practitioners, policy makers and representatives of the military will benefit from reading this book. Dr. Karin Arts is Associate Professor in International Law and Development at the Institute of Social Studies, The Hague, The Netherlands. Dr. Vesselin Popovski is Director of Studies for the International Order and Justice, Peace and Governance Programme, United Nations University, Tokyo, Japan.

Transitional Justice for Child Soldiers

Author : K. Fisher
Publisher : Springer
ISBN 13 : 113703050X
Total Pages : 228 pages
Book Rating : 4.1/5 (37 download)

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Book Synopsis Transitional Justice for Child Soldiers by : K. Fisher

Download or read book Transitional Justice for Child Soldiers written by K. Fisher and published by Springer. This book was released on 2013-10-10 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.

Fighting and Victimhood in International Criminal Law

Author : Joanna Nicholson
Publisher : Routledge
ISBN 13 : 1317210549
Total Pages : 195 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Fighting and Victimhood in International Criminal Law by : Joanna Nicholson

Download or read book Fighting and Victimhood in International Criminal Law written by Joanna Nicholson and published by Routledge. This book was released on 2017-10-12 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.

The Torture of Children During Armed Conflicts

Author : Sonja C. Grover
Publisher : Springer
ISBN 13 : 9783642406904
Total Pages : 228 pages
Book Rating : 4.4/5 (69 download)

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Book Synopsis The Torture of Children During Armed Conflicts by : Sonja C. Grover

Download or read book The Torture of Children During Armed Conflicts written by Sonja C. Grover and published by Springer. This book was released on 2013-11-27 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court’s reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

Defense Perspectives on International Criminal Justice

Author : Colleen Rohan
Publisher : Cambridge University Press
ISBN 13 : 1108161642
Total Pages : 629 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Defense Perspectives on International Criminal Justice by : Colleen Rohan

Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

The Legal Legacy of the Special Court for Sierra Leone

Author : Charles C. Jalloh
Publisher : Cambridge University Press
ISBN 13 : 1107178312
Total Pages : 423 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Legal Legacy of the Special Court for Sierra Leone by : Charles C. Jalloh

Download or read book The Legal Legacy of the Special Court for Sierra Leone written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2020-07-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.

The African Court of Justice and Human and Peoples' Rights in Context

Author : Charles C. Jalloh
Publisher : Cambridge University Press
ISBN 13 : 110842273X
Total Pages : 1199 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The African Court of Justice and Human and Peoples' Rights in Context by : Charles C. Jalloh

Download or read book The African Court of Justice and Human and Peoples' Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.