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Towards Convergence in International Human Rights Law

Approaches of Regional and International Systems

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Edited by Carla M. Buckley, Alice Donald and Philip Leach

We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.

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Edited by Gregory Rose and Bruce Oswald

Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances.

The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.

On Coerced Labor

Work and Compulsion after Chattel Slavery

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Edited by Marcel M. van der Linden and Magaly Rodríguez García

On Coerced Labor focuses on those forms of labor relations that have been overshadowed by the “extreme” categories (wage labor and chattel slavery) in the historiography. It covers types of work lying between what the law defines as “free labor” and “slavery.” The frame of reference is the observation that although chattel slavery has largely been abolished in the course of the past two centuries, other forms of coerced labor have persisted in most parts of the world. While most nations have increasingly condemned the continued existence of slavery and the slave trade, they have tolerated labor relationships that involve violent control, economic exploitation through the appropriation of labor power, restriction of workers’ freedom of movement, and fraudulent debt obligations.

Contributors are: Lisa Carstensen, Christian G. De Vito, Justin F. Jackson, Christine Molfenter, David Palmer, Nicola Pizzolato, Luis F.B. Plascencia, Magaly Rodríguez García, Kelvin Santiago-Valles, Nicole J. Siller, Marcel van der Linden, Sven Van Melkebeke.

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Cyril Laucci

Le Code annoté de la Cour pénale internationale (2009) est le quatrième volume d’une collection annuelle. Il propose une sélection des extraits les plus pertinents des décisions publiques rendues par la Cour en 2009. La collection de Codes annotés est conçue comme un outil de référence à l’attention des praticiens du droit pénal international et des universitaires.

The Code annoté de la Cour pénale internationale (2009) is the fourth volume of the French version of the annual series Annotated Digests. It compiles most significant findings issued by the Court in 2009. The Code annoté / Annotated Digests series constitutes a reference tool for practitioners of International Criminal Law and academics.

Didactics of Military Ethics

From Theory to Practice

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Edited by Thomas R. Elßner and Reinhold Janke

The Iron Curtain fell over a quarter of a century ago. With it fell also the relatively straightforward Western assumption that war was going to be a bi-polar, symmetrical affair, albeit one with nuclear overtones - an assumption around which the training and education of military officers had hitherto been built. The immediate post Cold War period showed officers wearing a blue, rather than a green helmet, negotiating with opponents whom they ought not to call enemies and keeping the peace in situations where there was no peace to keep. Added to this was the phenomenon of international terrorism, which manifested itself on the strategic, rather than merely the tactical level. Counter-insurgency operations in Iraq and Afghanistan demonstrate how difficult it is to win the hearts and minds of the local population while subduing the enemy at the same time. With the distinction between what is morally right and wrong becoming ever more blurred, the moral dilemmas of officers and men have begun to multiply and the need to reconsider the basic assumptions and practices of military ethics education in this highly unpredictable world has become ever more urgent. This volume, arising out of a conference held at the Centre for Leadership Development and Civic Education of the German Armed Forces, attempts to address that need. It offers the insights both of officers with combat experience and academics closely familiar with military training, and uniquely bridges the gap between theory and practice in the teaching of military ethics.

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Heike Niebergall-Lackner

In this study, Heike Niebergall-Lackner discusses the classical military offence of desertion from the standpoint of international law.
Taking account of the three factual situations that might arise following a desertion in international armed conflicts - capture by the home country, capture or crossing over to the enemy party, and seeking refuge in a country not involved in the conflict – the examination offers a comprehensive overview of the treatment and the protection afforded to deserters under international human rights law, international humanitarian law and refugee law.

The examination is conducted against the background of the duties of soldiers under modern international law and shows that, depending on the legality of the conflict, desertion might represent the legitimate decision of the individual to act in accordance with these duties.

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Andrea Carcano

This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council.

A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts.

"With this thorough and thought provoking study, Andrea Carcano has put us all in his debt."
From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.

Edited by Charles Chernor Jalloh and Alhagi B.M. Marong

Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world.

Mass Atrocities, Risk and Resilience

Rethinking Prevention

Edited by Stephen McLoughlin

Mass Atrocities, Risk and Resilience examines the relationship between risk and resilience in the prevention of genocide and other mass atrocities and explores two broad areas of neglect. In terms of prevention, there is very little research that analyzes how local and national actors manage the risk associated with mass atrocities. In the field of comparative genocide studies, to date there has been very little interest in examining negative cases. Although much is known about why mass atrocities occur, much less is established about why they do not occur. The contributions in this book address this neglect in two important ways. First, they challenge commonly-accepted approaches to prevention. Second, they explore negative cases in order to better understand how local and national actors have mitigated risk over time.

Shielding Humanity

Essays in International Law in Honour of Judge Abdul G. Koroma

Edited by Charles Chernor Jalloh and Olufemi Elias

On the contemporary international law scene, there are not many jurists who match the eminence and stature of Abdul G. Koroma. A distinguished lawyer, diplomat and member of the International Law Commission for many years, he has been a key figure in the elaboration, codification and negotiation of important multilateral treaties in diverse areas of international law. He subsequently served, for 18 years, on the bench of the International Court of Justice (ICJ) where he participated in deciding many of the Court’s leading cases during the busiest periods of its history. These outstanding essays, written by renowned judges, scholars and practitioners of international law in honour of Judge Koroma, discuss both classical and contemporary topics of significant relevance to the current and future of international law. The volume will appeal to anyone interested in the ICJ, peaceful settlement of inter-state disputes, law of the sea, international criminal law, international humanitarian law, regional integration and Africa’s contributions to international law.

Contributors are: Avitus A Agbor, Babefemi Akinrinade, Adejoké Babington-Ashaye, Laurence Boisson de Chazournes, Tamara Cummings-John, John Dugard, Olufemi Elias, Sir Christopher Greenwood, Chikeziri Igwe, Osman Keh Kamara, Charles Manga Fombad, Madeline Choe-Amusimo Fombad, Charles Chernor Jalloh, Kenneth Keith, Tommy Koh, Tiyanjana Maluwa, Konstantinos D. Magliveras, Brian McGarry, Andrew Morgan, Gino J. Naldi, Lydia A. Nkansah, Vincent O. Nmehielle, Karin Oellers-Frahm, Olajumoke O. Oduwole, Obiora Chinedu Okafor, Phoebe Okowa, Adetola Onayemi, Pemmaraju Sreenivasa Rao, Bernardo Sepúlveda-Amor, Surya P. Subedi, Mia Swart, Abdul Tejan-Cole, Manuel J. Ventura, Sienho Yee, and Abdulqawi A. Yusuf.