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This book comprehensively covers the entire scope of conflicting rights and duties of the fighting parties and international humanitarian relief actors in non-international armed conflicts, namely from the moment of the initiation of international humanitarian relief actions till their authorisation and throughout the consecutive stages of the delivery of relief. From the practice of frontline humanitarian negotiations, this book reconceptualizes how those rights and duties are coming into being and how compliance with agreements on humanitarian access and other international humanitarian law and international human rights norms can be ensured and/or their normativity can be strengthened.
From Indigenous Australians to the American Civil War
This book offers a culture-by-culture account of various unique restrictions placed on warfare over time, in a bid to demonstrate the underlying humanity often accompanying the horrors of war. It offers the first systematic exploration of Indigenous Australian laws of war, relaying decades of experience in communities. Containing essays by a range of laws of war academics and practitioners, this volume is a starting point in a new debate on the question: how international is international humanitarian law?
This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances.

Drazewska’s Military Necessity in International Cultural Heritage Law engages a significant issue in this rapidly evolving field of international law, the inclusion of necessity in regulation of the protection of cultural heritage during armed conflict after 1945. Its very inclusion was viewed as a major concession, which is only multiplied because of the difficulties of its application on the ground. This thorny issue has come to the fore again with large-scale cultural losses inflicted during recent armed conflicts. Elegantly written and scholarly in its approach, this book places this question and possible answers to it within the broader sweep of international law and recent developments not only in international humanitarian law, but state responsibility, international criminal law and international criminal law. It offers an significant and timely reexamination and reconceptualization of this important topic.
Prof. Ana Filipa Vrdoljak, (UNESCO Chair In International Law & Cultural Heritage, Faculty of Law, University of Technology, Sydney).
Belligerents’ Detention Practices in Afghanistan, Syria and Ukraine
Author: Jelena Plamenac
This book explores how States and armed groups deprive us of liberty in armed conflict. Intriguing insights into original field records of internal laws and first-hand testimonies by fighters and humanitarians reveal hidden patterns of belligerents’ controversial behaviours in relation to three complex aspects of security detention in non-international armed conflict that remain unsettled in international law – permissible grounds, procedural guarantees, and transfer standards. As you flip through the pages of this fascinating book, you will gain a new understanding of where the boundary of unlawful confinement lies between local and international law and why we need a new international legal framework to protect us from arbitrariness in the warring parties’ decision to detain.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Why do churches assist people without authorized residence even when the state prohibits and punishes such conduct? What does it mean for church-state relations when the church steps into the shoes (or perhaps on the feet) of the government? And are all levels of government on the same page when it comes to migration? These are just some of the questions that this book addresses.
In a world in which migration is an omnipresent reality, these issues pervade national borders, ethnic divides, and physical barriers. These issues are shared among all nations and peoples of this world, and deserve utmost attention as geopolitical contours continue to evolve.
Editors: Chong ZHANG and Ruoyu LI
This volume contains a selection of the edited and in some cases translated papers presented at the first South-South Human Rights Forum held in Beijing. The conference was jointly sponsored by the State Council Information Office and the Chinese Ministry of Foreign Affairs. The event drew hundreds of participants, mainly scholars and government officials from developing countries and international organizations. Its main theme was “Building a Human Community with a Shared Future”, which built on a proposal launched by President Xi Jinping. The papers are mostly short and often policy-oriented, offering a unique insight into the thinking and planning associated with this South-South exchange and thus a wealth of information of interest to scholars. The topics covered emerge primarily from development-related issues, such as the rights to food, education, health and poverty reduction. Though much of the volume thus focuses on economic and social rights and the right to development, civil and political rights are also discussed in the context of the need for legal guarantees for the exercise of human rights and judicial protection of rights.
Author: Jens Iverson
In Jus Post Bellum, Jens Iverson provides the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace. This volume traces the history of jus post bellum avant la lettre, tracing important writings on the transition to peace from Augustine, Aquinas, and Kant to more modern jurists and scholars. It explores definitional aspects of jus post bellum, including current its relationship to sister terms and related fields. It also critically evaluates the current state and possibilities for future development of the law and normative principles that apply to the transition to peace. Peacebuilders, scholars, and diplomats will find this book a crucial resource.
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
Brill´s Human Rights and Humanitarian Law E-Books Online, Collection 2021 is the electronic version of the book publication program of Brill in the field of Human Rights and Humanitarian Law in 2021.

Coverage:
Human Rights, Refugee Law, Immigration Law, Health Law, Children’s Rights, Minority and Group Rights, Humanitarian Law, International Criminal Law

This E-Book Collection is part of Brill´s Human Rights and Humanitarian Law E-Books Online Collection.

The title list and free MARC records are available for download here.

For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).