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This PDF eBook is produced by a third-party. We have requested that the file be made accessible and compliant with the European Accessibility Act (EAA). However, we have not been able to fully verify

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Law and Criminology (R0)

Heike Krieger

Pablo Kalmanovitz

Eliav Lieblich

Stavros Evdokimos Pantazopoulos

Yearbook of International Humanitarian Law, Volume 26 (2023)

Humanitarian Actors

&lt;p&gt;Part I Humanitarian Actors.- Chapter 1. Humanitarians and their Law(s): An Expanded Inquiry.- Chapter 2. The State as a Humanitarian Actor: Opportunities and Challenges in Decolonizing Humanitarianism.- Part II Other Articles.- Chapter 3. Nerve Agents by Another Name: The Thirty-year Effort to Close a Loophole on Chemical Weapons.- Chapter 4. On the Sideline or on the Pitch? The Classification of Third States Supporting Active Belligerents in an International Armed Conflict with Satellite Imagery.- Part III Year in Review.- Chapter 5.&amp;nbsp; year in Review.- Table of Cases.- Index.&lt;/p&gt;


Routledge Research in International Environmental Law

Environmental Law and Policy in India

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed. Corporations are being given control over water, healthcare, housing, public transportation, child welfare services, aged care, and much else. Privatization is promoted by international financial institutions, consulting firms, and development actors as the answer to public finances devastated by the very tax cuts insistently pushed by these groups. Their pitch is based upon a mythology that extols the virtues of an idealized market while ignoring the heavy human rights costs incurred. Building on the latest evidence and on specially commissioned case studies, this book shows how the touted 'efficiency' of the private sector is often predicated on higher charges and/or reduced services, destructive employment practices, and the highly predictable exclusion of many users. Privatization generally costs states more money, marginalizes democratic decision-making, and transforms citizens from rights-holders into customers while sidelining accountability. The authors develop an approach designed to enable human rights actors, including courts, UN treaty monitoring bodies, and NGOs to move beyond their longstanding agnosticism towards privatization. It starts with a presumption that privatization is inherently retrogressive in human rights terms. Whatever mix of public and private is reflected in any given arrangement, governments must retain the degree of control necessary to ensure respect for rights, and the legal, financial and administrative ability to do so. The book charts a new direction for responding to the ever-growing threat that privatization poses to human rights. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

Studies in International Law

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

A Three-Dimensional Perspective

Less-Lethal Weapons under International Law

Can animals, artificial intelligences (AI), and nature have fundamental rights? Do they have fundamental rights? And if they do, how do their rights relate to human rights?

 In this book, eminent and emerging scholars from fields as varied as legal theory, environmental studies, and philosophy, probe the theoretical foundations, flaws, and future prospects of the growing phenomenon of non-human rights.

 Using a dialogical structure, the book consists of matched chapters, with one contributor advancing a view on fundamental rights and another engaging with it. This allows readers to deepen their understanding of the different perspectives offered and to participate in constructive conversations that tease out the promise and pitfalls of each position.

 This balanced approach makes the book particularly helpful to scholars and students who are seeking insights into the emerging field of fundamental rights for non-humans. The book also benefits theoretically-minded lawyers, judges, and policymakers who are considering the foundational issues that shape the development of animal rights, AI rights, and rights of nature.

Foundations, Flaws, and Futures

Fundamental Rights for Non-Humans

Routledge Research in International Law

Updated throughout for its second edition, this book explores collective security as practised within the legal framework provided by the United Nations Charter, with a particular focus upon activity undertaken under the auspices of the UN Security Council for the maintenance of international peace and security.This new edition follows a decade of new developments in the areas covered by the first edition, both in respect of the UN's practices under its collective security system and the wider international context within which it operates. Taking account of the Russia-Ukraine conflict and Syrian Civil War, the book additionally covers debates over UNSC reform and conceptualisations of the collective security concept. Offering a comprehensive analysis, it considers the full range of measures which can be utilised by the UN in the performance of its collective security remit, including military enforcement action, peacekeeping, non-military sanctions and diplomacy. The book considers each of these measures in detail, assessing the legal framework applicable to the form of action, the main legal controversies which arise in respect of their appropriate utilisation and the UN's use of this collective security 'tool' in practice. The book draws conclusions about the main strengths and shortcomings of the various means through which the UN can attempt to prevent, minimise or end conflict.The book will be of interest to researchers in the fields of international law, international relations and modern international history.

The United Nations and Collective Security

This book makes a simple but consequential claim: individuals who decisively influence a state's decision to use armed force should be held criminally responsible for aggressive war. Challenging the prevailing orthodoxy, it reinterprets the leadership clause in the definition of the crime of aggression and offers a new responsibility framework that reflects how decisions about war are actually made. Under this approach, liability is not confined to heads of state and top military leaders but extends to civilian power brokers, private actors, and third-state officials who are present at key moments of deliberation and, as reason-giving and reason-demanding participants, exercise decisive influence over whether a state goes to war or continues one. By clarifying who counts as a 'leader' and why, the book charts a principled middle path between overcriminalizing ordinary participants in war, such as common foot soldiers and private citizens, and exempting those who set unlawful wars in motion. Drawing on an eclectic set of sources, the book offers a timely rethinking of individual responsibility for the unlawful uses of force.

Responsibility for the Crime of Aggression under International Law

An Introduction to Public International Law

The book offers a critical and comprehensive examination of the concept of NIAC, including its normative foundations, threshold of activation, and corresponding personal, geographical, and temporal scope of applicability under International Humanitarian Law. It identifies and critically examines some of the most controversial aspects of modern NIACs, including notions of a 'global battlefield' and 'forever war' and provides practical guidance on identifying NIACs in real time. It is essential reading for international law academics, students and practitioners. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details.

International Law and Practice

Identifying Non-International Armed Conflict

Sustainable Development Goals Series

This volume provides a nuanced analysis of the profound impact left by the dissenting opinion in the Tokyo Trial by Justice Radha Binod Pal's&nbsp;ideological stance on modern international criminal law. It consists of a detailed examination of this bold opinion on post-war justice that built the legacy of Justice Radha Binod Pal. Through an interdisciplinary perspective, this collection analyses the contemporary impact of Justice Pal's dissent and his ideologies and how they can impact contemporary dialogue in international law revolving around fairness, justice, accountability and inclusivity in international law and global power dynamics. It explores the intersection of his critique with contemporary concerns such as the decolonisation of international law, the legitimacy of global legal institutions, and the pursuit of a just world order. By engaging with issues such as territorial conflicts, and the role of legal pluralism, this volume aligns with the broader objectives of SDG16 (Peace, Justice, and Strong Institutions), offering a critical lens on how international law can evolve to promote equitable and transparent global governance. With contributions ranging from analysis of historical perspectives to examination of contemporary implications, the edited volume shall be essential for readers interested in international law and scholars established in the research field of international criminal law, international humanitarian law and human rights, fair global order and the evolving role of dissent, inclusivity, cultural and social contextualisation.

This volume provides a nuanced analysis of the profound impact left by the dissenting opinion in the Tokyo Trial by Justice Radha Binod Pal's&nbsp;ideological stance on modern international criminal law. It consists of a detailed examination of this bold opinion on post-war justice that built the legacy of Justice Radha Binod Pal. Through an interdisciplinary perspective, this collection analyses the contemporary impact of Justice Pal's dissent and his ideologies and how they can impact contemporary dialogue in international law revolving around fairness, justice, accountability and inclusivity in international law and global power dynamics. It explores the intersection of his critique with contemporary concerns such as the decolonisation of international law, the legitimacy of global legal institutions, and the pursuit of a just world order. By engaging with issues such as territorial conflicts, and the role of legal pluralism, this volume aligns with the broader objectives of SDG16 (Peace, Justice, and Strong Institutions), offering a critical lens on how international law can evolve to promote equitable and transparent global governance. With contributions ranging from analysis of historical perspectives to examination of contemporary implications, the edited volume shall be essential for readers interested in international law and scholars established in the research field of international criminal law, international humanitarian law and human rights, fair global order and the evolving role of dissent, inclusivity, cultural and social contextualisation.

Justice Radha Binod Pal's Dissent

Beyond Victor’s Justice and Pursuit of Sustainable Development in International Law

International efforts to ensure that armed forces meet the requirements of IHL so that the protection of civilians and detainees in armed conflict is increased continue to face implementation challenges that compromise their effectiveness. This includes, for example, the operations of the International Criminal Court, or the nascent norm of Responsibility to Protect. Relying on initiatives such as these also means that before pressure can be brought to bear on those who violate IHL, irreparable damage is done to victims' lives and dignity.&nbsp;

At the same time, the ICRC has grown to recognize that its traditional approach of informing militaries about IHL and emphasizing the incorporation of IHL principles into military policies, doctrines, and educational and training curricula, while healthy measures, are not by themselves sufficient to keep soldiers from not complying with IHL and injuring or killing civilians and detainees. Importantly, this recognition has been driven by empirical data on IHL training effectiveness, and it has been coupled with an understanding that soldiers need to internalize IHL principles to ensure they comply with them. The ICRC has realized that the role played by military leaders, both officers and NCOs, in establishing a sense of positive military identity and professionalism can lead to the development of a values-oriented culture that includes IHL compliance.

Using case studies of empirical assessment in IHL and IHL-related training, as they have occurred over the last 20 years, this book illustrates for military leaders and both civilian and military IHL instructors the many different ways empirical assessment can be used to measure training effectiveness long before troops take to the field. The results of these assessments can also be used to support the deliberate creation of better IHL training curricula and programs, especially ones that emphasize the importance of relying on multidisciplinary teams supporting military leaders as they directly engage with their troops on the ethical and moral issues as well as the legal issues raised by armed conflict. This book also looks to the future and considers the potential of war video games to serve as an effective training platform for young soldiers.

Better Protection for Civilians and Detainees in Armed Conflict

Empirical Assessment in IHL Education and Training

Yearbook of International Humanitarian Law, Volume 26 (2023)

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