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Edited by John Carey, William Dunlap and Pritchard

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: Origins and International Humanitarian Law: Challenges

Published under the Transnational Publishers imprint.

Judging War Crimes and Torture

French Justice and International Criminal Tribunals and Commissions (1940-2005)

Yves Beigbeder

Even democracies commit war crimes. France, like other democracies, has not always kept up to the high standards expected from the „homeland of human rights”. Its colonial past shows that what it termed its “civilizing mission” was tainted with military, economic and religious abuses, denounced by a few courageous groups and individuals, and revealed in a few public trials. The Vichy government’s willing participation in Jewish persecution during the German occupation of France was ignored or denied until trials (Barbie, Touvier, Papon) brought to light these unpleasant facts in the 1990s.
France’s participation in the Nuremberg and Tokyo Tribunals was relatively minor but useful. However, its participation in later international tribunals (Ex-Yugoslavia, Rwanda) revealed a few conflicts between French politics and the work of these tribunals. France’s participation in the International Criminal Court is also reviewed.
These developments show that even democratic countries, like France but not France alone, can commit war crimes, crimes against humanity and even be accomplices in genocides. Reasons include pressures in exceptional periods of internal and/or external political/military tensions, nationalist policies, lack of judiciary independence, and lack of media exposure to abuses. However, past crimes must be recalled and exposed, particularly if they have been hidden, covered by amnesties, and not judicially punished. They must be visible as part of a country’s history in order to ensure that they are not repeated.

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Geert-Jan Knoops and Roberta Arnold

Confronted with the practical legal aspects of Peace Support Operations (PSO) in their daily work, the two authors realized that there was an urgent need for the international community of military and civilian lawyers, law enforcement agencies, policy makers, legal advisers and military commanders dealing with these types of missions to have a guidebook analyzing, questioning and providing some solutions to the practical legal aspects intrinsic in them and which are often known only to those who have been serving in the field. It was therefore decided to create a tool to record and diffuse the know-how acquired by those who have been directly confronted with these issues, in the field and at headquarters.

Among the cutting-edge topics practitioners explore in Peace Support Operations & Their Legal Implications are human trafficking and illegal immigration in theatres of PSO such as the Balkans, arrest and detention of suspects of serious breaches of the laws of war, the relationship and role sharing of civilian law enforcement agencies and peacekeepers, the use of non-lethal and other weapons (e.g. riot control agents), criminal liability for breaches of international law and Rules Of Engagement. Contributions of a more strategic nature deal further with the complexities of Status of Forces Agreements and Memoranda of Understanding, the extraterritorial applicability of human rights obligations, the application of the law of occupation to peacekeeping forces, their new role and the relative problems in peace-building.

The main objective of this guidebook is to provide the basis for further discussion, suggesting what should be done next, and to constitute a problem-solving tool for those deployed in the field, often secluded from the external world and confronted with difficulties to be solved immediately, under the pressure of time. The idea is to show them the path undertaken by others who have been confronted with similar problems and to share the knowledge and fight the power.

Published under the Transnational Publishers imprint.

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Laura Perna

The purpose of this work is to trace the processes that led and continue to lead to the formation of the treaty norms applicable in non-international armed conflicts. If the purpose of humanitarian law is to achieve a balance between military necessity and humanitarian considerations and to prevent unnecessary suffering and destruction, humanitarian law rules should be equally applicable to both international and internal armed conflicts. Whilst, however, there are a huge number of treaty provisions applicable to international armed conflicts, very few provisions are specifically designed to regulate non-international armed conflicts despite the dramatic increase in the number of such conflicts. The study investigates the reasons behind the differences by analysing, inter alia, questions such as: Where does the international law of internal armed conflicts come from? Why did it evolve differently from the law regulating international armed conflicts? Where is the international law of internal armed conflicts going?

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Edited by Ustina Dolgopol and Judith G. Gardam

The papers in this collection bring together a wide and diverse range of viewpoints to consider how the catastrophic consequences of deadly armed conflict can be addressed.
Commentators are drawn from the United Nations and its agencies, key non- governmental organisations, world-class academic circles, senior members of government, leading human rights lawyers and judges with experience in international criminal law. These experts address deadly conflict in a comprehensive fashion covering all its stages: the causes and prevention of conflict; conflict resolution and peace-building; international criminal law and international humanitarian law and the role of the United Nations, humanitarian organisations and peacekeepers in post conflict situations.
This collection is for those with an existing interest and expertise in international law, international relations, peace studies and criminal justice as well as for those who wish to become conversant with emerging developments in these fields.

The Dynamics of International Criminal Justice

Essays in Honour of Sir Richard May

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Edited by Hirad Abtahi and Gideon Boas

This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milošević Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.

United Nations as Peacekeeper and Nation-Builder

Continuity and Change - What Lies Ahead?

Edited by Nassrine Azimi and Li Lin Chang

In the wake of the Iraq War, what lies ahead for the United Nations as peacekeeper and nation-builder? What lessons were learnt in Afghanistan and Iraq, what reforms could they entail, how do UN efforts fare as compared with those of the United States, and what will be, in the next decade, the most pressing challenges confronting the Organization? Will the United Nations, in its current form and within the new global power structure, be able to remain relevant, retain its ideals and still respond meaningfully to mounting international tensions?
These were some of the questions tackled by a group of eminent scholars and practitioners, many directly and personally involved with multilateral or unilateral peace operations. In addition to the larger issues of peacekeeping and peace-building and the recommendations for historical reform suggested by the ‘UN High-level Panel on Threats, Challenges and Change’ in December 2004, the group debated some of the most complex recent interventions, including Afghanistan, East Timor and Iraq.
This volume, which contains all the presentations and discussions of the UNITAR/IPS Conference on “United Nations as a Peacekeeper and Nation-Builder: Continuity and Change - What Lies Ahead?” will be a valuable addition to the collections of experts or laypersons interested in the future role of the United Nations in general and in peacekeeping and post-conflict state-building in particular.

The New Challenges of Humanitarian Law in Armed Conflicts

In Honour of Professor Juan Antonio Carrillo-Salcedo

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Edited by Pablo Antonio Fernández-Sánchez

This work represents an analysis of and a reflection on the new challenges of humanitarian law in armed conflicts. It covers the jurisprudential dimension not only of the International Court of Justice, but also all the different legal bodies, including the ad hoc tribunals created by the United Nations. It analyses the purely doctrinal dimension of general aspects such as the solutions to world disorder in this field, the relationship between jus in bello and jus ad bellum, the principles of universal and international jurisdiction, and the notion of justice and peace. More concrete aspects include the situation of foreigners and journalists in armed conflicts, terrorist acts in terms of international humanitarian law and sexual violence as a war crime.
Despite the range of themes addressed, they are all linked with the essential theme of the book, The New Challenges of Humanitarian Law in Armed Conflicts.

Edited by Michael Bothe, Mary Ellen O'Connell and Natalino Ronzitti

With considerable insight and analysis, the editors and contributors to the book—the world’s leading ethicists, political scientists and international lawyers—investigate the use of force since the end of the Cold War and, simultaneously, what changes have or should occur with respect to sovereignty and the law in the 21st century.


Redefining Sovereignty has resulted from three groundbreaking workshops on international law and the use of force: the first was held in Rome soon after NATO’s 1999 intervention in Kosovo; the second took place in Frankfurt after the U.S.-led invasion of Afghanistan; and the third occurred in Columbus, Ohio after the U.S.-led invasion of Iraq. Together, these and other uses of armed force since the end of the Cold War have raised new and challenging questions for the international law and policy on the regulation of armed conflict.

These questions are explored in the thoughtful text, including: With the end of superpower rivalry have these uses of force had a particular impact on the state system? Have they, for example, affected the concept of state sovereignty? Have they affected the legal regime on the use of force? By the time of the Iraq invasion in March 2003, had some uses of force long-considered prohibited by the principle of non-intervention become lawful? Did the use of force to protect human rights, to respond to terrorism, for arms control or to preempt future threats become lawful or if not lawful, somehow otherwise legitimate?


Published under the Transnational Publishers imprint.