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Jeanine de Roy van Zuijdewijn

Terrorism has often been associated with armed conflict. The so-called Islamic State is the most prominent example of a group that rose to power amidst armed conflict. Against this backdrop, it sounds rather strange to associate terrorism with peace. Terrorism, however, has also been called, “the peacetime equivalent of war crimes”. This raises the question how the concepts of terrorism, peace, armed conflict and war crimes relate. This article defines these concepts and applies them in the context of International Humanitarian Law, which is also known as the law of armed conflict. It also discusses today’s fight against is in light of the November 2015 Paris Attacks, thereby questioning the consequences and desirability of a war paradigm.

Liesbeth van der Heide and Jip Geenen

The shift towards preventism in security refers to the process in which national security becomes the focal point of policymaking. Within this preventative shift, more and more policy instruments, including criminal law, are being drawn into the realm of national security. The determining argument in this debate is the idea that we are faced with wicked problems, unknown threats and unpredictable risks that we must somehow control. Potentially catastrophic consequences demand exceptional measures here and now to control the risks and govern the future. In recent years, there has been a growing trend in Europe to criminalise preparatory acts related to terrorism. This article examines this trend in The Netherlands and analyses how it plays out in the courtroom and to what extent the preventative logic has permeated the legal sphere.

Karen da Costa

This article explores the notion of preventism and how it relates to disaster risk reduction (drr). It then ponders how the combination of preventism with disaster risk reduction may influence human rights. Different scenarios are considered in which the interaction of these concepts is relevant. The main argument is that preventism may lead to more drr initiatives and that this may well be considered a positive development to a certain extent, but that care should be taken not to jeopardize human rights in this process.

Marieke Liem and Jan Maarten Elbers

In recent decades, the number of long-term detainees held worldwide has increased significantly. Academics and policy makers have begun to challenge the widespread use and effectiveness of such severe sentences, however. This article aims to shed light on the role of human rights in imposing and executing long-term custodial sentences. There appears to be tension between ensuring that human rights are respected and provision of security through the incapacitation of offenders. This tension can only be understood properly in the context of contemporary risk-management associated with increased punitiveness.

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.