List price
USD $153.00
Browse results
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.
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.
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.
Editor:
The Annotated Digest of the International Criminal Court is an annual or biennial series, which compiles a selection of the most significant legal findings rendered in public decisions of the International Criminal Court. It is devised, first and foremost, as a reference tool for academics and practitioners of international criminal law to enable efficient and thorough research of ICC jurisprudence.
Abstracts of the legal findings are selected based on the following criteria:
1) clarification or interpretation of a rule or a point of law;
2) application of a specific rule as applied by a Chamber; or
3) findings or rulings which are otherwise meaningful with respect to international justice, human rights, international humanitarian law.
Each abstract is inserted after the article(s) of the Statute, Rules of Procedure and Evidence and Regulations of the Court to which it corresponds, together with a short description or summary of its relevance. This quick reference system makes it easy to refer to other decisions quoted elsewhere in the Digest.
The series published one volume over the last 5 years.
Abstracts of the legal findings are selected based on the following criteria:
1) clarification or interpretation of a rule or a point of law;
2) application of a specific rule as applied by a Chamber; or
3) findings or rulings which are otherwise meaningful with respect to international justice, human rights, international humanitarian law.
Each abstract is inserted after the article(s) of the Statute, Rules of Procedure and Evidence and Regulations of the Court to which it corresponds, together with a short description or summary of its relevance. This quick reference system makes it easy to refer to other decisions quoted elsewhere in the Digest.
The series published one volume over the last 5 years.
Editor:
Published under the Transnational Publishers imprint. This series has been discontinued. The follow up series is the International Criminal Law Series.
Editor-in-Chief:
The International Criminal Law Series contains books, monographs and collections of essays on current issues of international criminal law. Its aim is to advance scholarly and practitioner understanding of the discipline of ICL and its evolving interaction with other legal disciplines on a global basis.
In this book Barry de Vries addresses the issue of autonomous weapons in international criminal law. The development of autonomous weapon systems is progressing. While the technology advances, attempts to regulate these weapons are not keeping pace. It is therefore likely that these weapons will be developed before a new legal framework is established. Many legal questions still remain and one of the most important ones among them is how individual responsibility will be approached. Barry de Vries therefore considers this issue from a doctrinal international criminal law perspective to determine how the current international criminal law framework will address this topic.
In this book Barry de Vries addresses the issue of autonomous weapons in international criminal law. The development of autonomous weapon systems is progressing. While the technology advances, attempts to regulate these weapons are not keeping pace. It is therefore likely that these weapons will be developed before a new legal framework is established. Many legal questions still remain and one of the most important ones among them is how individual responsibility will be approached. Barry de Vries therefore considers this issue from a doctrinal international criminal law perspective to determine how the current international criminal law framework will address this topic.
This volume describes the procedures governing the transfer of sentenced foreign nationals from the United States to serve the remainder of their sentences in their native countries, and of United States nationals sentenced in foreign countries to serve the remainder of their sentences in the United States. It discusses the statutory and treaty framework regulating the transfer of sentenced persons to and from the United States, as well as the case law interpreting those statutes and treaties. Appendices contain United States statutes and regulations, U.S. Department of Justice Manual materials, and all treaties governing the transfer of prisoners to and from the United States.
Revisiting the Approach under State Responsibility and Individual Criminal Responsibility
This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy-oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Drawing from the practice of State responsibility and individual criminal responsibility-based jurisdictions, this work proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo-centred, heritage-centred and/or tangible-centred.
Revisiting the Approach under State Responsibility and Individual Criminal Responsibility
This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy-oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Drawing from the practice of State responsibility and individual criminal responsibility-based jurisdictions, this work proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo-centred, heritage-centred and/or tangible-centred.
Evolution of a Crime
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
Evolution of a Crime
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
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’.