Browse results

Restricted Access

Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation

Manoeuvring between Legal Regimes and Paradigms for the Use of Force

Series:

Alon Margalit

In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.
Restricted Access

Series:

Stuart Maslen, Nathalie Weizmann, Maziar Homayounnejad and Hilary Stauffer

Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the different domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones. Chapters assess the legality of armed drones under jus ad bellum, the law of armed conflict, the law of law enforcement, international human rights law, international criminal law and domestic civil and criminal law. The book also discusses the application of law to fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.
Restricted Access
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 II is: Islamic Law and its Implementation in Asia and the Middle East.
Restricted Access

Series:

Caterina E. Arrabal Ward

In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina E. Arrabal Ward discusses the understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.

Restricted Access

Transplant Tourism

An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants

Terry O. Adido

Transplant Tourism: An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants explores the role that international and national laws must play in the prohibition and eradication of transplant tourism and proposes a three-stage legal model for the prohibition of the practices. Through the examination of international law norms, principles and instruments; laws and policies from several legal systems; and legal frameworks and models which currently prohibit a number of national, transnational and international offences, this publication focuses on the creation of a comprehensive soft law instrument on transplant tourism, a treaty on transplant tourism and unified national transplant tourism laws with extraterritorial application in accordance with the principles and spirit of the international law instruments.
Restricted Access

Crimes against Humanity in the 21st Century

Law, Practice and Threats to International Peace and Security

Robert Dubler SC and Matthew Kalyk

In Crimes Against Humanity in the 21st Century, Dr Robert Dubler SC and Matthew Kalyk provide a comprehensive analysis of crimes against humanity in international criminal law. The text tracks the crime from its conceptual origins in antiquity, to its emergence in customary international law at Nuremberg, to the establishment of the ‘modern definition’ at the Hague with the ICTY, ICTR and ICC, and finally to recent state practice and jurisprudence. The text sets out conclusions about the legal elements of the crime and contends that the raison d'être of the crime is located not in the inhumanity of its authors’ actions but in the extent to which its authors threaten international peace and security so as to justify international intervention.

With a foreword by Geoffrey Robertson QC.
Restricted Access

Series:

Lachezar D. Yanev

The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
Restricted Access

The Inter-State Application under the European Convention on Human Rights

Between Collective Enforcement of Human Rights and International Dispute Settlement

Series:

Isabella Risini

The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court’s growing inter-State docket evidences the need for legal certainty.