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An Ethnomethodological Investigation into the Production and Assessment of Legal Targeting
The book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.
An Ethnomethodological Investigation into the Production and Assessment of Legal Targeting
The book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.
A Critical Appraisal of the Court’s Jurisprudence on the Rights to Property and Home in the Context of Displacement
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.
A Critical Appraisal of the Court’s Jurisprudence on the Rights to Property and Home in the Context of Displacement
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.
Legality and Fair Labelling in International Criminal Law
This book explores how the principles of legality and fair labelling have developed in international criminal law, from Nuremberg to the International Criminal Court and beyond. It features a comprehensive survey of domestic and international case law, treaties, and other materials, carefully unpacking the different rationales and elements of each principle and the various rules to which they apply. The book invites you to revisit landmark cases, such as those involving atrocities in the Former Yugoslavia, Rwanda, Sierra Leone, Darfur, and Palestine, through a distinctive lens: the finding that all rules substantively affecting the human rights of the accused – from crimes and penalties to labels – must be sufficiently accessible and foreseeable to the ordinary person.
Legality and Fair Labelling in International Criminal Law
This book explores how the principles of legality and fair labelling have developed in international criminal law, from Nuremberg to the International Criminal Court and beyond. It features a comprehensive survey of domestic and international case law, treaties, and other materials, carefully unpacking the different rationales and elements of each principle and the various rules to which they apply. The book invites you to revisit landmark cases, such as those involving atrocities in the Former Yugoslavia, Rwanda, Sierra Leone, Darfur, and Palestine, through a distinctive lens: the finding that all rules substantively affecting the human rights of the accused – from crimes and penalties to labels – must be sufficiently accessible and foreseeable to the ordinary person.
Comparative Call-out Laws
This book scrutinises the call-out of the military in the domestic domain in a selection of 13 countries. Nation-states vary in their political-legal structures and all have their own history in the use of military personnel in domestic matters. Three recent events have resulted in increased domestic military deployment and have been experienced in most countries. In the security domain, there is the rise of Islamic State and increasing acts of terrorism, resulting in military involvement in policing. The other two have been increased humanitarian needs: the COVID-19 pandemic and the widespread flooding and fires following the changes in climate. These have brought increasing military activity domestically, even in established democracies. This comparative analysis incorporates historical developments and provides a rich multidisciplinary approach from political and social scientists to lawyers and military personnel.
Comparative Call-out Laws
This book scrutinises the call-out of the military in the domestic domain in a selection of 13 countries. Nation-states vary in their political-legal structures and all have their own history in the use of military personnel in domestic matters. Three recent events have resulted in increased domestic military deployment and have been experienced in most countries. In the security domain, there is the rise of Islamic State and increasing acts of terrorism, resulting in military involvement in policing. The other two have been increased humanitarian needs: the COVID-19 pandemic and the widespread flooding and fires following the changes in climate. These have brought increasing military activity domestically, even in established democracies. This comparative analysis incorporates historical developments and provides a rich multidisciplinary approach from political and social scientists to lawyers and military personnel.
Essays in Memory of Rosario Domínguez Matés
Editor:
Pablo Antonio Fernández-Sánchez
In the law of armed conflicts, one of the elements that has changed the most has been the means and methods of warfare. Yet there are few legal answers for the many questions these changes pose. This volume, therefore, seeks to identify the limitations of current international law on this double plane, the means and methods of combat, and to offer insights about how to address them. Topics include the use of nuclear energy, which without being a weapon, can have the same effect as one, chemical and biological weapons, autonomous artificial intelligence weapons, and biobots.
Similarly, fake news, the hostile use of cyberspace, lawfare, the use of big data, terrorism as a combat method, premeditated poisoning, sexual humiliation, the impact of such news on the armed forces and the reorganization needed to face the new scenarios are all situations not contemplated in classical law and which require new legal and operational responses.
Similarly, fake news, the hostile use of cyberspace, lawfare, the use of big data, terrorism as a combat method, premeditated poisoning, sexual humiliation, the impact of such news on the armed forces and the reorganization needed to face the new scenarios are all situations not contemplated in classical law and which require new legal and operational responses.
Essays in Memory of Rosario Domínguez Matés
Editor:
Pablo Antonio Fernández-Sánchez
In the law of armed conflicts, one of the elements that has changed the most has been the means and methods of warfare. Yet there are few legal answers for the many questions these changes pose. This volume, therefore, seeks to identify the limitations of current international law on this double plane, the means and methods of combat, and to offer insights about how to address them. Topics include the use of nuclear energy, which without being a weapon, can have the same effect as one, chemical and biological weapons, autonomous artificial intelligence weapons, and biobots.
Similarly, fake news, the hostile use of cyberspace, lawfare, the use of big data, terrorism as a combat method, premeditated poisoning, sexual humiliation, the impact of such news on the armed forces and the reorganization needed to face the new scenarios are all situations not contemplated in classical law and which require new legal and operational responses.
Similarly, fake news, the hostile use of cyberspace, lawfare, the use of big data, terrorism as a combat method, premeditated poisoning, sexual humiliation, the impact of such news on the armed forces and the reorganization needed to face the new scenarios are all situations not contemplated in classical law and which require new legal and operational responses.
Editor-in-Chief:
Giulio Bartolini
The Yearbook is also available online. To learn more about the online version, please click here.
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.
Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography.
The Yearbook is also available online. To learn more about the online version, please click here.
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives.
Volume One features a thematic section on the Draft Articles of the ILC on the “Protection of Persons in the Event of Disasters” as well as a general selection of articles, and an international and regional review of International Disaster Law in Practice, plus book reviews and bibliography.
The Yearbook is also available online. To learn more about the online version, please click here.
This book examines the importance of international criminal law in promoting and defending human rights as well as its relationship with law and international politics. It highlights criminal cases at the International Criminal Tribunals for the former Yugoslavia and the International Criminal Tribunals for Rwanda, the International Criminal Court, and the International Crimes Tribunal of Bangladesh. The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.
This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.
This book examines the importance of international criminal law in promoting and defending human rights as well as its relationship with law and international politics. It highlights criminal cases at the International Criminal Tribunals for the former Yugoslavia and the International Criminal Tribunals for Rwanda, the International Criminal Court, and the International Crimes Tribunal of Bangladesh. The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.
This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.
This book will serve as an important reference for students, teachers, scholars and lawyers specialising in international human rights, international criminal law and international humanitarian law.
Volume 3 (2020)
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. In the Thematic Section of Volume 3, entitled ‘Health and International Disaster Law’ distinguished scholars debate legal and institutional implications of the Covid-19 pandemic and health emergencies in relation to several emerging or neglected topics.
Volume 3 (2020)
The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. In the Thematic Section of Volume 3, entitled ‘Health and International Disaster Law’ distinguished scholars debate legal and institutional implications of the Covid-19 pandemic and health emergencies in relation to several emerging or neglected topics.
Series:
International Law and Human Rights E-Books Online, Volume: 2022 and
Human Rights and Humanitarian Law E-Books Online, Volume: 2022
Brill´s Human Rights and Humanitarian Law E-Books Online, Collection 2022 is the electronic version of the book publication program of Brill in the field of Human Rights and Humanitarian Law in 2022.
Coverage:
Human Rights, Refugee Law, Immigration Law, Health Law, Children’s Rights, Minority and Group Rights, Humanitarian Law, International Criminal Law
This collection includes Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 35 (2019), a 2 volume set.
This E-Book Collection is part of Brill´s Human Rights and Humanitarian Law E-Books Online Collection.
The title list and free MARC records are available for download here.
For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).
Coverage:
Human Rights, Refugee Law, Immigration Law, Health Law, Children’s Rights, Minority and Group Rights, Humanitarian Law, International Criminal Law
This collection includes Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 35 (2019), a 2 volume set.
This E-Book Collection is part of Brill´s Human Rights and Humanitarian Law E-Books Online Collection.
The title list and free MARC records are available for download here.
For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).