Challenges to International and Domestic Law

Author: M. Cherif Bassiouni,Amna Guellali

Publisher: Hague Academic Press

ISBN: 9789067043120

Category: Law

Page: 300

View: 5599

Hague Academic Press, a T.M.C. Asser Press imprint Since the attacks on the World Trade Center in September 2001, Jihad has become the symbol of the confrontation between Muslims and the West. The concept of Jihad has been central to many modern conflicts, including that of resistance to US occupation of Iraq and the Palestinian struggle for self-determination. According to the most popular view, Jihad ideology represents a religiously sanctioned aggressive war to propagate or defend faith. However, the meaning of Jihad is not as straightforward as proponents of the clash of civilisations would like it to be. The aim of this book is thus to clarify the meanings of Jihad and the manipulation of its sense since the rise of political Islam during the 1960s. It aims also at understanding the relationship between Jihad, Islam and national and international law.

Old Evidence and Core International Crimes

Author: Wui Ling Cheah

Publisher: Torkel Opsahl Academic Epublisher

ISBN: 9788293081609

Category: Criminal law

Page: 340

View: 4151

It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.

International Law and New Wars

Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 3631

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

Foreign Fighters under International Law and Beyond

Author: Andrea de Guttry,Francesca Capone,Christophe Paulussen

Publisher: Springer

ISBN: 9462650993

Category: Law

Page: 533

View: 4684

This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

Al Qaeda

Statements and Evolving Ideology

Author: Christopher M. Blanchard

Publisher: DIANE Publishing

ISBN: 1437927181


Page: 18

View: 7953

Contents: (1) Introduction: Al Qaeda: Statements 1994-2001: Founding Principles; ¿Declaration of Jihad¿; ¿Clash of Civilizations¿; (2) Al Qaeda Post-9/11; ¿The Goals of the New York Strike¿; Al Qaeda Statements in 2004-2007; Outreach and 'Truce¿ Proposals; Iraq and Al Qaeda¿s Ideology; Strategic Perspectives; Tactical Differences?; Iraq and Al Qaeda¿s Regional Ambitions; The ¿Islamic State of Iraq¿ and Discord; Political Goals and Perspectives on Reform; The Three Foundations; Al Qaeda on Democracy and Reform; Strategic Framework; Targeting Israel; The Importance of Oil; (3) Implications and Conclusion: Al Qaeda¿s Audiences; Pragmatic Messianism; Al Qaeda and the Jihadist International.

Compliant Rebels

Rebel Groups and International Law in World Politics

Author: Hyeran Jo

Publisher: Cambridge University Press

ISBN: 1316432432

Category: Political Science

Page: N.A

View: 9578

Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.

The International Human Rights Judiciary and National Parliaments

Europe and Beyond

Author: Matthew Saul,Andreas Follesdal,Geir Ulfstein

Publisher: Cambridge University Press

ISBN: 1316878465

Category: Political Science

Page: N.A

View: 8930

The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Fundamental Rights in International and European Law

Public and Private Law Perspectives

Author: Christophe Paulussen,Tamara Takacs,Vesna Lazić,Ben Van Rompuy

Publisher: Springer

ISBN: 9462650888

Category: Law

Page: 323

View: 6156

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

Monopoly of Force

The Nexus of DDR and SSR

Author: Michael Miklaucic,Melanne A Civic

Publisher: NDU Press

ISBN: 1780399154

Category: Political Science

Page: 336

View: 8598

Disarmament, Demobilization, and Reintegration (DDR) and Security Sector Reform (SSR) have emerged in recent years as promising though generally poorly understood mechanisms for consolidating stability and reasserting state sovereignty after conflict. Despite the considerable experience acquired by the international community, the critical interrelationship between DDR and SSR and the ability to use these mechanisms with consistent success remain less than optimally developed. The chapters in this book reflect a diversity of field experience and research in DDR and SSR, which suggest that these are complex and interrelated systems, with underlying political attributes. Successful application of DDR and SSR requires the setting aside of preconceived assumptions or formulas, and should be viewed flexibly to restore to the state the monopoly of force.

Drones and Other Unmanned Weapons Systems under International Law

Author: Stuart Maslen,Nathalie Weizmann,Maziar Homayounnejad,Hilary Stauffer

Publisher: BRILL

ISBN: 9004363262

Category: Political Science

Page: 268

View: 3811

Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the various domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones as well as fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.

Understanding and Influencing Public Support for Insurgency and Terrorism

Author: Paul K. Davis,Eric V. Larson,Zachary Haldeman,Mustafa Oguz,Yashodhara Rana

Publisher: Rand Corporation

ISBN: 9780833058775

Category: Political Science

Page: 270

View: 9800

Using and testing a conceptual model that draws on social science and particularly social movement theory, this volume examines public support for al-Qa'ida's transnational jihadist movement, the Taliban insurgency in Afghanistan, the Kurdistan Workers' Party (PKK) in Turkey, and the Maoist insurgency in Nepal. The authors discuss which factors were most salient across cases, how their importance varied in each case, and how this understanding can inform strategy.

Strengthening the protection of sexual and reproductive health and rights in the African region through human rights

Author: Eunice Brookman-Amissah,Tinyade Kachika,Simangele Mavundla,Jaime Todd-Gher,Christina Zampas,Onyema Afulukwe-Eruchalu,Karen Stefiszyn,Rebecca Amollo,Lisa Forman,Godfrey Kangaude,Tiffany Banda,Ayodele Atsenuwa,Susana Sácouto,Fana Hagos Berhane

Publisher: PULP

ISBN: 1920538313

Category: AIDS (Disease)

Page: 355

View: 2381

Strengthening the protection of sexual and reproductive health and rights in the African region through human rights uses rights-based frameworks to address some of the serious sexual and reproductive health challenges that the African region is currently facing. More importantly, the book provides insightful human rights approaches on how these challenges can be overcome. The book is the first of its kind. It is an important addition to the resources available to researchers, academics, policymakers, civil society organisations, human rights defenders, learners and other persons interested in the subject of sexual and reproductive health and rights as they apply to the African region. Human rights issues addressed by the book include: access to safe abortion and emergency obstetric care; HIV/AIDS; adolescent sexual health and rights; early marriage; and gender-based sexual violence.

Legal Responses to Transnational and International Crimes

Towards an Integrative Approach

Author: Harmen van der Wilt,Christophe Paulussen

Publisher: Edward Elgar Publishing

ISBN: 1786433990


Page: 336

View: 8173

This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?

The European Arrest Warrant in Practice

Author: Nico Keijzer,Elies Van Sliedregt

Publisher: Cambridge University Press

ISBN: 9789067042932

Category: Law

Page: 428

View: 1530

The European Arrest Warrant system is an extradition system between Member States of the European Union. Implemented in 2004, it has now had its first four years of application in practice. This book focuses on the most important differences between it and the former extradition system, discusses practical problems that have been encountered and offers recommendations for improvements. Readers will find comments on the various stages of the surrender procedure in a chronological order, starting with the content of the European Arrest Warrant, continuing with the refusal grounds and ending with the consequences of surrender. Two chapters deal with other (regional) extradition systems: the one of the Nordic countries and the one of the United States.

The Practical Guide to Humanitarian Law

Author: Françoise Bouchet-Saulnier

Publisher: Rowman & Littlefield Publishers

ISBN: 1442221135

Category: Political Science

Page: 826

View: 9225

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.


International & Comparative Perspectives

Author: Loukas A. Mistelis

Publisher: Kluwer Law International B.V.

ISBN: 9041127305

Category: Law

Page: 375

View: 5106

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

After the Arab Spring

How Islamists Hijacked The Middle East Revolts

Author: John R. Bradley

Publisher: St. Martin's Press

ISBN: 0230393667

Category: Political Science

Page: 256

View: 3265

From the author of the book that uniquely predicted the Egyptian revolution, a new message about the Middle East: everything we're told about the Arab Spring is wrong. When popular revolutions erupted in Tunisia and Egypt, the West assumed that democracy and pluralism would triumph. Greatly praised author and foreign correspondent John R. Bradley draws on his extensive firsthand knowledge of the region's cultures and societies to show how Islamists will fill the power vacuum in the wake of the revolutions. This vivid and timely book gives an original analysis of the new Tunisia, Egypt, Syria, Yemen, Libya, and Bahrain by highlighting the dramatic spread of Saudi-funded Wahhabi ideology, inter-tribal rivalries, and Sunni-Shia divisions. Bradley gives a boots on the ground look at how the revolutions were first ignited and the major players behind them, and shows how the local population participated in and responded to the uprisings. In Tunisia he witnesses secularists under violent attack and in Egypt observes radical Islamists taking control of the streets. He illuminates the ancient sectarian strife shaking Bahrain, fierce civil war pitching tribe against tribe in Libya and Yemen, and ethnic divisions threatening to tear apart Syria and Iran. Taking it one step further, Bradley offers a comprehensive look at how across countries, liberal, progressive voices that first rallied the Arab masses were drowned out by the slogans of the better-organized and more popular radical Islamists. With the in-depth knowledge of a local and the keen perspective of a seasoned reporter, After the Arab Spring offers a piercing analysis of what the empowerment of Islamism bodes for the future of the Middle East and the impact on the West.

Armed Robotic Systems Emergence

Weapons Systems Life Cycles Analysis and New Strategic Realities


Publisher: N.A

ISBN: 9789352971244


Page: 122

View: 8907

The fielding of armed robotic systems--droids and drones that are teleoperated, semi-autonomous, and even autonomous--has been slowly but surely transitioning from pure science fiction into military reality on the battlefields of the early 21st century. These systems currently have no artificial intelligence (AI) whatsoever and, in most cases, are simply operated by soldiers (and on occasion terrorists and insurgents) utilizing hardline cables and laptop-like controllers, although wireless and satellite systems exist for the more sophisticated national armed drone programs. Near-term future prototypes are likely to have, at best, independent response capabilities similar to a trained animal, due to the incorporation of expert system programming. Projections out even further, however, have raised concerns that these emergent weapons systems, possessing semi-autonomous and autonomous capabilities, could ultimately have the potential to evolve beyond the machine stimulus and response level, eventually incorporating varying degrees of weak AI, and one day possibly even achieving a basic form of self-awareness. [...] In summation, the strategic implications of the robotics revolution upon us cannot be overstated. The robots are not only coming--they are here--and for future U.S. national security requirements, we will need to have a military mastery over them. Hence, our present and future decisions related to armed robotic systems emergence on the battlefield--and the command and control (C2) methodologies directing them--will result in near-term and future force structure end states that will have a fundamental impact on the U.S. conduct of war in the coming decades. These decisions will be a major determinant concerning the ability of the United States to retain dominance as the primary global military power well into the mid-21st century.