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Law and Criminology (R0)

Vessela I. Terzieva

The Right to the Truth in Atrocity Trials before Municipal Courts

&lt;p&gt;Part I. Introduction.- Introduction&lt;strong style="mso-bidi-font-weight: normal;"&gt;&lt;span lang="EN-GB" style="font-size: 12.0pt; font-family: 'Times New Roman',serif; mso-fareast-font-family: 'MS Mincho'; mso-fareast-theme-font: minor-fareast; mso-ansi-language: EN-GB; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;"&gt;&amp;mdash;&lt;/span&gt;&lt;/strong&gt;A Burgeoning Right in International Law and Its Implications for Municipal Atrocity Trials.- Part II. Legal Framework.- The Right to the Truth as a Legally Enforceable Right in International Law.- The Right to the Truth in Municipal Criminal Proceedings: Some Theoretical Considerations.- Part III. The Right to the Truth in Atrocity Trials Before Municipal Courts.- Trials Related to the Second World War Context.- Trials Related to the Latin American Context.- Trials Related to the Balkan Context.- Part IV. General Conclusions.- Conclusions and Final Reflections.- Index.&lt;/p&gt;

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

Studies in International Law

This book examines the United Nations Security Council's authorisation of the use of force, considering the extensive body of UN Security Council resolutions across its now eighty years of existence. As one of the established exceptions to the Article 2(4) UN Charter prohibition on the use of force, UN Security Council authorisation of force remains a key focus for both States and scholars alike. Despite the apparent consequences of authorisation, authorising resolutions lack prescribed formats or mandatory content. The UN Security Council has over time, however, developed a consistent practice of prior explicit authorisation. The development of this practice is reflected in a number of essential characteristics within authorising resolutions of the UN Security Council. These include explicit determinations of a threat to international peace and security, the invocation of Chapter VII (or VIII) of the UN Charter, the use of specific authorising language, the inclusion of time or functional limits on authorisation, and the imposition of reporting obligations on those authorised to use force. The book ultimately argues that prior explicit authorisation constitutes a well-established practice, rejecting the legality and admissibility of implicit and retroactive authorisation.

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

Irish Yearbook of International Law

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship. This new volume covers the years 2023, amid growing state actions reflecting raw political and military power across the American continents, in the Middle East and amid ongoing armed conflicts around the world, most notably in Ukraine and in Gaza. Reports also cover topics on human rights in Ireland, international law in Ireland more generally, and the law of the sea. This volume of the Yearbook includes three articles, addressing international commercial contracts, the use of prosecutorial discretion at the International Criminal Court, and digital open-source evidence in regional human rights courts. Finally, the Yearbook also includes four book reviews covering a wide breadth of international law subjects, such as European legal regulation of technology, the morality of the laws of war, the prohibition of the use of force in international law, and sustainability in international trade agreements.

The Irish Yearbook of International Law, Volume 17, 2023

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Law for Professionals

This book explores how law can safeguard the marine environment in the era of deep-sea mining.In our increasingly interconnected and resource-intensive world, the demand for mineral resources has reached unprecedented levels. Rapid industrialization, technological advancements, and a growing global population have intensified our reliance on minerals: for electronics, renewable energy systems, infrastructure, and manufacturing.This escalating demand has pushed humanity to explore new frontiers, with the deep sea emerging as a potential reservoir of untapped resources. As terrestrial deposits become harder to access, the allure of deep-sea minerals grows ever more compelling.Yet, with opportunity comes responsibility. Balancing economic interests with the preservation of fragile and largely unexplored deep-sea ecosystems requires robust and enforceable legal frameworks. Since the adoption of the United Nations Convention on the Law of the Sea in 1982, international law has sought to govern ocean resources while protecting the environment.This book offers a meticulous examination of these legal frameworks, environmental considerations, and the governance of deep-sea mineral exploration. It provides a comprehensive foundation in ocean law, covering the intricacies of international regulations, state rights, regulatory challenges, and also addressing social dimensions and human rights considerations.

Governance and Sustainability in Ocean Energy and Mineral Activities

Legal Perspectives on Deep Sea Mining

International Law and the Global South

This book provides comprehensive discussions on the instruments, mechanisms and debates relevant to tackling biopiracy and protecting the rights of indigenous peoples and local communities in that context.&nbsp;Biopiracy is one of the most controversial issues in the international society and indigenous peoples and local communities have been the main victim of biopiracy because although they have made enormous contributions to the conservation of biological and genetic resources and development of associated traditional knowledge, they have been rarely acknowledged and few benefits have been shared.Against this backdrop, this book surveys biopiracy cases around the world, analyses and discusses the international regimes relevant to biopiracy, and suggests possible ways forward; namely the instruments or mechanisms to tackle biopiracy and protect the rights of indigenous peoples and local communities based on the international regimes. It provides a comprehensive picture on the rights of indigenous peoples and local communities in the context of biopiracy by analysing international biodiversity, human rights and intellectual property regimes as a whole. Moreover, unlike others, this book also suggests how to improve domestic laws and institutions to tackle biopiracy and protect the rights of indigenous peoples and local communities to genetic resources and associated traditional knowledge in accordance with the international regimes by, for instance, providing the core elements of the model laws and institutions.For these reasons, the book will be a good guide for students and researchers who are interested in laws and policies on the (sustainable) use of biological and genetic resources. Particularly, given that with the adoption of the Nagoya Protocol, scientists (particularly, biologists) need to understand international biodiversity and intellectual property laws and institutions, this book will be useful for them. Moreover, as indigenous peoples and local communities are the main victim of biopiracy, this book will help indigenous rights activists and organizations working to protect their rights.

Protection of Bio-rights of Indigenous Peoples in International Law

Springer Textbooks in Law

NOHA Textbook

International Humanitarian Action

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Modern Studies in European Law

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

The Principle of Good Neighbourliness in International Law and EU Law

Global Challenges in the Environmental Humanities

This open access edited volume acknowledges that when judges adjudicate climate change issues, their decisions are shaped by far more than positive law. Adopting a pluriversal, socio-legal and multidisciplinary approach, chapters engage with an array of 'extra-legal' factors that inform what happens inside courtrooms, of relevance for climate action more broadly. These factors include judges' psychology; who is appointed as a judge and how that process is designed; legal culture and philosophy; who litigates and how litigation strategies are designed; literature; counter-hegemonic knowledge production; political ecology; climate anxiety; and climate science. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Newcastle Law School (United Kingdom), the Department of Land Economy, Cambridge and Queens' College, Cambridge.

Exploring Extra-Legal Factors

Adjudicating Climate Change

For more than two decades, Marwan Barghouti has been held in an Israeli prison cell, much of that time in total isolation. Yet his voice has never been forgotten.Described by the Economist as 'the world's most important prisoner' and often referred to as Palestine's Mandela, Barghouti remains the most widely supported Palestinian political leader. As a long-standing advocate of peace grounded in justice and equality, he has become an enduring symbol of unity and hope - even from behind bars.Unbroken brings together, for the first time, a powerful and intimate portrait of Barghouti's life and struggle for a free Palestine: private letters to his family, personal writings, correspondence with global public figures, press interviews, public statements and rare personal photographs.This is his story, in his own words. Unsilenced, unbroken.

In Pursuit of Freedom for Palestine

Unbroken

The Right to the Truth in Atrocity Trials before Municipal Courts

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