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Author : Cathrine Crämer
Publisher : Springer Nature
ISBN 13 : 3658452854
Total Pages : 330 pages
Book Rating : 4.6/5 (584 download)
Download or read book Humanitarian Countermeasures written by Cathrine Crämer and published by Springer Nature. This book was released on with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cathrine Crämer
Publisher : Springer
ISBN 13 : 9783658452841
Total Pages : 0 pages
Book Rating : 4.4/5 (528 download)
Download or read book Humanitarian Countermeasures written by Cathrine Crämer and published by Springer. This book was released on 2024-09-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “[I]f humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica—to gross and systematic violations of human rights that offend every precept of our common humanity?” – Kofi Annan This question asked by Kofi Annan over twenty years ago has not lost its relevance since, as for instance demonstrated by the paralysis of the Security Council in the face of the continued use of chemical weapons by the Syrian regime against its own population. The present work addresses the question of whether the unilateral use of force by states for humanitarian purposes, hence without a Security Council authorization, could be justified via the concept of 'humanitarian countermeasures’. In this context, humanitarian countermeasures are derived from the notion of countermeasures, which stems from the law of state responsibility as conceived in Art. 49 et seq. DARS and traditionally only refers to peaceful, bilateral measures. The core of the study is to open up countermeasures to humanitarian military action, discuss the legal feasibility of such an approach, while effectively containing the potential for abuse by establishing a legal framework. In a final step, concrete conditions for humanitarian countermeasures are defined, which can guide a reinterpretation of countermeasures and the further development of customary law. About the author Cathrine Crämer studied law at the Humboldt European Law School at the HU Berlin, the Université Paris II Panthéon Assas (Maîtrise en Droit in Private International Law) and at King's College London (LL.M. in Transnational Law). She obtained her doctorate at the LMU Munich, where she worked as a research assistant and taught public international law. Cathrine Crämer is currently a legal trainee at the Permanent Mission of Germany to the United Nations in New York.
Author : A. Cassese
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)
Download or read book A Follow-Up written by A. Cassese and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A previous article by the author in this Journal suggested that, in the light of the NATO intervention in Kosovo, a new customary rule might be in the process of formation; namely - subject to certain stringent conditions - a rule legitimising the use of forcible countermeasures by groups of states in the event of failure by the UN Security Council to respond to egregious violations of international humanitarian law. By way of a follow-up, this article examines the views of states expressed during and since the Kosovo crisis. The author concludes that many states have conceded the moral and political necessity of the NATO intervention. This, however, stopped short of the view that such conduct was legitimate in terms of existing international law. So far no consistent usus has emerged. By contrast, opinio necessitatis has been widespread and seems to be in the process of crystallizing; however, this has not gone unopposed. Consequently, humanitarian countermeasures outside the Charter framework are still unauthorized by current international law.
Author : Carrie Walling
Publisher : University of Pennsylvania Press
ISBN 13 : 0812208471
Total Pages : 317 pages
Book Rating : 4.8/5 (122 download)
Download or read book All Necessary Measures written by Carrie Walling and published by University of Pennsylvania Press. This book was released on 2013-07-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: What prompts the United Nations Security Council to engage forcefully in some crises at high risk for genocide and ethnic cleansing but not others? In All Necessary Measures, Carrie Booth Walling identifies several systematic patterns in the stories that council members tell about conflicts and the policy solutions that result from them. Drawing on qualitative comparative case studies spanning two decades, including situations where the council has intervened to stop mass killing (Somalia, Bosnia-Herzegovina, and Sierra Leone) as well as situations where it has not (Rwanda, Kosovo, and Sudan), Walling posits that the arguments council members make about the cause and character of conflict as well as the source of sovereign authority in target states have the potential to enable or constrain the use of military force in defense of human rights. At a moment when constructivist scholars in international relations are pushing beyond empirical claims for the value of norms and toward critical analysis of such norms, All Necessary Measures establishes discourse's real-world explanatory power. From her comparative chronology, Walling demonstrates that humanitarian intervention becomes possible when the majority of Security Council members come to a shared understanding of the conflict, perpetrators, and victims—and probable when the Council understands state sovereignty as complementary to human rights norms. By illuminating the relationship between national interests and the core values of Security Council members and how it influences decision-making, All Necessary Measures suggests when and where the Security Council is likely to intervene in the future.
Author : Achilles Skordas
Publisher : OUP Oxford
ISBN 13 : 9780199559718
Total Pages : 460 pages
Book Rating : 4.5/5 (597 download)
Download or read book Risk and Force in World Society written by Achilles Skordas and published by OUP Oxford. This book was released on 2013-10 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legality of international military interventions by powerful nations, such as in Kosovo or Iraq, is not always clear. This book investigates the status of such interventions under international law, arguing that they are not legally authorized but gain political support from the UN Security Council in resolutions on the restoration of peace.
Author : Lokman B. Çetinkaya
Publisher : Springer
ISBN 13 : 3319519972
Total Pages : 76 pages
Book Rating : 4.3/5 (195 download)
Download or read book Safe Zone written by Lokman B. Çetinkaya and published by Springer. This book was released on 2017-02-04 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using legal arguments consistent with international law, this book explores whether and under which circumstances a State (or States) may establish and militarily enforce safe zones in countries that produce large-scale refugee outflows so as to protect its (or their) own interests by averting said outflows, as well as to alleviate human suffering in today’s world of civil and internal warfare. Though large-scale refugee outflows have become an increasingly frequent problem in inter-state relations, international law offers no clear remedy. Accordingly, interpretation and adaptation of the existing rules and principles of international law, in addition to State practice and the jurisprudence of international courts, are required in order to find appropriate and lawful responses to such situations. The book examines countermeasures, necessity and humanitarian intervention as possible legal grounds to justify the establishment of safe zones. Since the proposal of a safe zone for Syria remains on the international community’s agenda, the specific conditions of this case are particularly addressed in order to assess the suitability and legality of a possible safe zone in Syria.
Author : Taylor B. Seybolt
Publisher : Oxford University Press, USA
ISBN 13 : 0199252432
Total Pages : 314 pages
Book Rating : 4.1/5 (992 download)
Download or read book Humanitarian Military Intervention written by Taylor B. Seybolt and published by Oxford University Press, USA. This book was released on 2007 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.
Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (133 download)
Download or read book Ex Iniuria Ius Oritur written by and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Katariina Simonen
Publisher : BRILL
ISBN 13 : 9004221883
Total Pages : 352 pages
Book Rating : 4.0/5 (42 download)
Download or read book The State versus the Individual written by Katariina Simonen and published by BRILL. This book was released on 2011-07-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of humanitarian intervention ́s legality remains unanswered to date. This book offers a new approach to the legality issue by combining legal theory and international law. With humanitarian intervention, hard choices still have to be made by the international lawgiver.
Author : Martin Dawidowicz
Publisher : Cambridge University Press
ISBN 13 : 1108179371
Total Pages : 463 pages
Book Rating : 4.1/5 (81 download)
Download or read book Third-Party Countermeasures in International Law written by Martin Dawidowicz and published by Cambridge University Press. This book was released on 2017-06-01 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights.
Author : Vera Gowlland-Debbas
Publisher : BRILL
ISBN 13 : 9004502874
Total Pages : 422 pages
Book Rating : 4.0/5 (45 download)
Download or read book United Nations Sanctions and International Law written by Vera Gowlland-Debbas and published by BRILL. This book was released on 2021-11-15 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reactivation of the Security Council at the beginning of the last decade has resulted, since the invasion of Kuwait by Iraq on August 2, l990, in increasing use of its powers under Chapter VII of the Charter and the adoption of measures against a number of state and non-state entities. The notion of a threat to the peace has now come to encompass violations of fundamental norms of international law such as human rights and humanitarian law, and the wide-ranging measures adopted have included such innovations as the establishment of the UN Compensation Commission or that of the two international criminal tribunals for Former Yugoslavia and Rwanda. These measures have not only infringed on the legal rights of the targeted state (sometimes with irreversible effects where they have remained in force over a long period of time) and its population, but also on those of implementing states and of private rights within these states. The current debate over the legitimacy and long-term effects of economic sanctions on states and their populations makes it imperative to re-evaluate this instrument and the broader peace maintenance function of the Security Council in the light of current community concerns. Part One of this book addresses the theoretical issues by focussing on: 1) The place of sanctions in the international legal system; 2) the limits to the powers of the Security Council and the question of accountability; and 3) an assessment of the alternatives to collective economic sanctions. Part Two looks at the relationship between sanctions and humanitarian issues, examining the relationship between: 1) Sanctions and human rights law; 2) sanctions, humanitarian issues and mandates; and 3) sanctions and humanitarian law. Part Three focuses on implementation by states of Security Council sanctions resolutions by examining: 1) Sanctions and private rights; and 2) special problems for implementing states. Part Four addresses the future in reassessing the place and ethics of sanctions in an international legal system which is giving increased importance to the individual. This work is based on papers presented at a colloquium of the Graduate Institute of International Studies in Geneva.
Author : John L. Davies
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 9780847688739
Total Pages : 0 pages
Book Rating : 4.6/5 (887 download)
Download or read book Preventive Measures written by John L. Davies and published by Rowman & Littlefield Publishers. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: State failure, ethnopolitical war, genocide, famine, and refugee flows are variants of a type of complex political and humanitarian crisis, exemplified during the 1990s in places like Somalia, Bosnia, Liberia, and Afghanistan. The international consequences of such crises are profound, often threatening regional security and requiting major inputs of humanitarian assistance. They also may pose long-term and costly challenges of rebuilding shattered governments and societies. A vital policy question is whether failures can be diagnosed far enough in advance to facilitate effective international efforts at prevention or peacful transformation. This volume of original essays examines crisis early warning factors at different levels, in different settings, and judges their effectiveness according to various models. Top contributors offer answers along with analyses as they move from early warning to early response in their policy recommendations.
Author : Giulia Pecorella
Publisher : Routledge
ISBN 13 : 0429558198
Total Pages : 273 pages
Book Rating : 4.4/5 (295 download)
Download or read book The United States of America and the Crime of Aggression written by Giulia Pecorella and published by Routledge. This book was released on 2021-05-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court’s jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.
Author : Nigel D. White
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808570
Total Pages : 699 pages
Book Rating : 4.8/5 (498 download)
Download or read book Research Handbook on International Conflict and Security Law written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.
Author : Bardo Fassbender
Publisher : OUP Oxford
ISBN 13 : 0191018481
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)
Download or read book Securing Human Rights? written by Bardo Fassbender and published by OUP Oxford. This book was released on 2011-11-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the first decades of its existence, many held the view that the UN Security Council would in some senses automatically encourage the protection of human rights by maintaining international peace. However since the end of the Cold War there have been growing concerns that the Council is a force with the potential to do harm to the cause of human rights, even to the extent of violating the rights of individuals. The chapters of this volume take a closer look at these two sides of the Security Council's involvement in human rights; both its efforts to promote and enforce human rights, and its actions that, with the intention of maintaining and restoring international peace, also have the potential to jeopardize human rights. This book represents a collection of individual views and appraisals of how the Council has dealt with human rights issues in the post-Cold War period, particularly in the cases of the economic sanctions imposed on Iraq and the targeted sanctions directed against the Taliban and supporters of the Al Qaida network. Written by experts in the field of international law, they are both positive and negative, critical and analytical. Together they offer a selection of different perspectives and evaluate the contribution of the Security Council to the promotion of human rights, highlighting possible avenue for improvement.
Author : Emmanuel De Groof
Publisher : Cambridge University Press
ISBN 13 : 1108499767
Total Pages : 427 pages
Book Rating : 4.1/5 (84 download)
Download or read book State Renaissance for Peace written by Emmanuel De Groof and published by Cambridge University Press. This book was released on 2020-08-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how international law applies to transitional governance from a multi-actor perspective in conflict-riven countries.
Author : Menno T. Kamminga
Publisher : Routledge
ISBN 13 : 1351572490
Total Pages : 802 pages
Book Rating : 4.3/5 (515 download)
Download or read book Challenges in International Human Rights Law written by Menno T. Kamminga and published by Routledge. This book was released on 2017-10-23 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.
