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Series:

Edited by Yoram Dinstein

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

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Edited by Aoife Nolan, Rosa Freedman and Thérèse Murphy

The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.

'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

Integrating Maritime Security with Human Rights

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Edited by Violeta Moreno-Lax and Efthymios Papastavridis

This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

Ineffective Legal Assistance

Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law

Jill E.B. Coster van Voorhout

In Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law, Dr. Jill E.B. Coster van Voorhout, LL.M, MSc examines the extent to which ineffective legal assistance and its redress for the accused in the Netherlands abide by minimum guarantees set by the European Court on Human Rights regarding the right to an effective defence in a fair trial. Coster van Voorhout demonstrates convincingly that, currently, Dutch law and case law do not fully guarantee the right to effective legal assistance and related minimum guarantees. This book offers recommendations as to how redress for ineffective legal assistance could better conform to the relevant ECHR standards.

Shariʿa Councils and Muslim Women in Britain

Rethinking the Role of Power and Authority

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Tanya Walker

The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.

Series:

Edited by Yoram Dinstein

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

The Israel Yearbook on Human Rights Volume 46 is also available online.

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Edited by M. Cherif Bassiouni and William A. Schabas

This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to
relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC.

Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.

Re-understanding the Child’s Right to Identity

On Belonging, Responsiveness and Hope

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Ya’ir Ronen

Re-understanding the Child’s Right to Identity - On belonging, Responsiveness and Hope, by Ya'ir Ronen offers an innovative understanding of the right to identity aiming to transform its meaning and thus its protection. Drawing on sources from different disciplines, including law, theology, philosophy, psychology and social work, the author offers a vision of social and legal change in which law is a healing force. In it, policies and practice protect children's sense of belonging recognizing human interdependence. They dignify children's disempowered narratives through their responsiveness, protect children's need to be authentic beings and nourish the hope for change and growth in children at risk and their families

South Africa after Apartheid

Policies and Challenges of the Democratic Transition

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Edited by Arrigo Pallotti and Ulf Engel

As South Africa has entered the third decade after the end of apartheid, this book aims at taking stock of the post-apartheid dynamics in the, so far, often less-comprehensively analysed, but crucial fields of APRM-relevant politics, social development, land and regional relations. In the first part of the book an analysis of some structuring domestic features of post-apartheid South Africa is provided, with a focus on political processes and debates around gender, HIV/AIDS and religion. The second part of the volume focuses on the land question and part three is looking at South Africa’s role in the Southern African region.

Contributors are: Nancy Andrew, Nicholas Dietrich, Ulf Engel, Harvey M. Feinberg, Anna-Maria Gentili, Preben Kaarsholm, Mandisa Mbali, David Moore, Arrigo Pallotti, Roberta Pellizzoli, Chris Saunders, Timothy Scarnecchia, Cherryl Walker, Lorenzo Zambernardi, and Mario Zamponi.

Pro-independence Movements and Immigration

Discourse, Policy and Practice

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Edited by Roberta Medda-Windischer and Patricia Popelier

The volume “Pro-independence Movements and Immigration: Discourse, Policy and Practice”, edited by Roberta Medda-Windischer and Patricia Popelier, explores the ways in which pro-independence movements and the governments of sub-state nations view and interact with new immigrants. It also examines the attitudes of new minorities toward pro-independence movements. Through case studies from the Basque Country, Flanders, Catalonia, Quebec, Scotland and South Tyrol, the authors examine the interrelationship between pro-independence movements and new minorities from a new perspective, oriented towards a more plural and inclusive approach between all individuals and groups (regardless of whether they are old or new minority groups) living in a given territory, and particularly in sub-national territories.