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The Applicability of Rules of War and Human Rights
It is statistically unlikely that humans are the only intelligent species in the universe. Nothing about the others will be known until contact is made beyond a radio signal from space that merely tells us they existed when it was sent. That contact may occur tomorrow, in a hundred years, or never. If it does it will be a high-risk scenario for humanity. It may be peaceful or hostile. Relying on alien altruism and benign intentions is wishful thinking. We need to begin identifying as a planetary species, and develop a global consensus on how to respond in either scenario.
The Applicability of Rules of War and Human Rights
It is statistically unlikely that humans are the only intelligent species in the universe. Nothing about the others will be known until contact is made beyond a radio signal from space that merely tells us they existed when it was sent. That contact may occur tomorrow, in a hundred years, or never. If it does it will be a high-risk scenario for humanity. It may be peaceful or hostile. Relying on alien altruism and benign intentions is wishful thinking. We need to begin identifying as a planetary species, and develop a global consensus on how to respond in either scenario.
An Examination under International Humanitarian Law, International Human Rights Law, and Their Interplay
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
An Examination under International Humanitarian Law, International Human Rights Law, and Their Interplay
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
The human rights movement strives to develop a universal culture of human rights in all societies, as well as to confront gross violations. This book, the first ever of its kind, is a veritable State of the World Report on Human Rights. It reproduces summaries by UN High Commissioners for Human Rights on the state of the national human rights protection systems of each UN Member State. These summaries were sent following each state’s passage through the Universal Periodic Review (UPR) process of the UN Human Rights Council. The summaries identify each state’s constitutional, legal, judicial and institutional architecture, international conventions not yet ratified, areas of progress, problem areas, and problems affecting different parts of the population. The High Commissioners’ summaries reproduced here are preceded by insightful reflections on the concept of a national human rights protection system, and by regional outlines of national human rights protection systems in the Americas and the Caribbean, Europe Africa, Asia and the Pacific. The book also contains some case studies of the national human rights protection systems of sample states such as Australia, Bhutan, Brazil, Canada, Democratic Republic of the Congo, Guyana, Portugal, Switzerland, Sweden, and South Africa.
The human rights movement strives to develop a universal culture of human rights in all societies, as well as to confront gross violations. This book, the first ever of its kind, is a veritable State of the World Report on Human Rights. It reproduces summaries by UN High Commissioners for Human Rights on the state of the national human rights protection systems of each UN Member State. These summaries were sent following each state’s passage through the Universal Periodic Review (UPR) process of the UN Human Rights Council. The summaries identify each state’s constitutional, legal, judicial and institutional architecture, international conventions not yet ratified, areas of progress, problem areas, and problems affecting different parts of the population. The High Commissioners’ summaries reproduced here are preceded by insightful reflections on the concept of a national human rights protection system, and by regional outlines of national human rights protection systems in the Americas and the Caribbean, Europe Africa, Asia and the Pacific. The book also contains some case studies of the national human rights protection systems of sample states such as Australia, Bhutan, Brazil, Canada, Democratic Republic of the Congo, Guyana, Portugal, Switzerland, Sweden, and South Africa.
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.
Regaining What Has Been Lost
International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests.
In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.
In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.
Regaining What Has Been Lost
International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests.
In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.
In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.
Contradictions and Congruences
Editor:
The Responsibility to Protect and Counter-Terrorism both ‘came of age’ at the turn of the millennium, as the international community was grappling with the challenges emerging from the end of the Cold War. R2P embraced the value of the individual, while counter-terrorism emphasized the importance of the state. Each appeared to represent a distinct way of understanding security. However, as these two concepts have evolved through contestation, application, and reform, surprising points of conflict and congruence have emerged which open up new ways of understanding what it means to protect both civilians and the state.
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
Contradictions and Congruences
Editor:
The Responsibility to Protect and Counter-Terrorism both ‘came of age’ at the turn of the millennium, as the international community was grappling with the challenges emerging from the end of the Cold War. R2P embraced the value of the individual, while counter-terrorism emphasized the importance of the state. Each appeared to represent a distinct way of understanding security. However, as these two concepts have evolved through contestation, application, and reform, surprising points of conflict and congruence have emerged which open up new ways of understanding what it means to protect both civilians and the state.
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).
If war is a timeless reality of mankind, the ways and means whereby it is conducted have nonetheless evolved over time due to new technologies and innovative military strategies. For the most part, however, they have not challenged the ethical rules of warfare. The rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of gender equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. This begs the question: to what degree are the ways and means of modern warfare keeping pace with the current technological evolutions and societal values? Based upon a selection of presentations made at the 2022 annual conference of the International Society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections on this question.
If war is a timeless reality of mankind, the ways and means whereby it is conducted have nonetheless evolved over time due to new technologies and innovative military strategies. For the most part, however, they have not challenged the ethical rules of warfare. The rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of gender equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. This begs the question: to what degree are the ways and means of modern warfare keeping pace with the current technological evolutions and societal values? Based upon a selection of presentations made at the 2022 annual conference of the International Society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections on this question.
This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.