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War Crimes And Crimes Against Humanity In The Rome Statute Of The International Criminal Court

Author: Christine Byron
Publisher: Oxford University Press
ISBN: 1847792758
Size: 43.97 MB
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This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a 'real life' discussion of the type of conduct over which the International Criminal Court may take jurisdiction. This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.

Law On The Battlefield

Author: A.P.V. Rogers
Publisher: Oxford University Press
ISBN: 1847795013
Size: 53.53 MB
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The book explains the law relating to the conduct of hostilities and provides guidance on difficult or controversial aspects of the law. It covers who or what may legitimately be attacked and what precautions must be taken to protect civilians, cultural property or the natural environment. It deals with the responsibility of commanders and how the law is enforced. There are also chapters on internal armed conflicts and the security aspects of belligerent occupation. The author has taken the rules of the law of armed conflict, examined their historical origin and current exposition, dealt with problems of interpretation and application, and reached concluions about how they should be applied in practice. In doing so, he bridges the gap between the legal theory propounded in academic works and the actual condct of military operations as evidenced in military manuals or in practice. In its third edition, the book has been brought up to date in the light of recent conflicts, especially the occupation of Iraq by allied forces in the period 2003-04, the more recent judgments and opinions of the International Criminal Tribunal for the former Yugoslavia, the International Court of Justice and the European Court of Human Rights, the comprehensive work of the International Committee of the Red Cross with regard to customary international humanitarian law and the meaning of 'direct participation in hostilities', the Harvard University air and missile warfare project, the San Remo Manual on non-international armed conflicts, the UK Law of Armed Conflict Manual of 2004 and several excellent monographs. Written by a former military lawyer, the book will be of interest to military commanders, their staff and legal advisers but also to officials in Foreign and Defence Ministries and non governmental agencies working in conflict situations, as well as staff of international courts and tribunals dealing with war crimes. Previous editions have been recommended reading for students of international law at many universities in the United Kingdom and abroad.

The Acquisition Of Territory In International Law With A New Introduction By Marcelo G Kohen

Author: R. Y. Jennings
Publisher: Oxford University Press
ISBN: 1526117185
Size: 44.77 MB
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"Unbelievably easy to read. Elegant and perspective, The acquisition of territory' examines the major issues relating to the acquisition of territory in international law in a stimulating, easily digestible yet enormously profound way' Malcolm N Shaw, University of Leicester Originally published by Manchester University Press in 1963, this book is now regarded as a classic of international law literature. R. Y. Jennings examines the major issues relating to the acquisition of territory in a stimulating and elegant manner, providing a sense of the critical relationship between law and politics on the international scene - vital if law is to be practiced and interpreted correctly. This reissue features a new introduction by Marcelo Kohen of the Graduate Institute of International and Development Studies, Geneva, contextualising the work and discussing its continued relevance to students of international law and international lawyers themselves. He is one of the leading experts on questions of acquisition of territory, having been involved in numerous territorial disputes before the International Court of Justice.

The Law Of International Organisations

Author: Nigel D. White
Publisher: Oxford University Press
ISBN: 1526108488
Size: 33.73 MB
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This book provides a concise account of the principles and norms of international law applicable to the main-type of international organisation - the inter-governmental organisation (IGO). That law consists of principles and rules found in the founding documents of IGOs along with applicable principles and rules of international law. The book also identifies and analyses the law produced by IGOs, applied by them and, occasionally, enforced by them. There is a concentration upon the United Nations, as the paradigmatic IGO, not only upon the UN organisation headquartered in New York, but on other IGOs in the UN system (the specialised agencies such as the World Health Organisation).

The Changing Rules On The Use Of Force In International Law

Author: Tarcisio Gazzini
Publisher: Manchester University Press
ISBN: 9780719073250
Size: 53.94 MB
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The changing rules on the use of force in international law considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.

Child Soldiers In International Law

Author: Matthew Happold
Publisher: Manchester University Press
ISBN: 9780719065866
Size: 77.98 MB
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Can the use of children as soldiers be effectively regulated at an international level? 'Child soldiers in international law' examines how international law has developed to deal with this problematic and emotive issue.Happold looks at the rules restricting the recruitment of children into armed forces - rules which, though important, are often flouted - but also at the wider legal issues arising from child soldiering: to what extent can child soldiers be held criminally liable for their conduct? How should they be treated when captured? How are states obliged to demobilise and reintegrate them into their societies? It also identifies a move away towards enforcement, through the prosecution of those who recruit child soldiers, and proposals for Security Council sanctions against governments and groups who breach their international obligations by using children in armed conflicts.This study will be essential reading for those concerned with public international law, human rights, and the United Nations and peacekeeping.

Law In Popular Belief

Author: Anthony Amatrudo
Publisher: Oxford University Press
ISBN: 1526115417
Size: 51.99 MB
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In recent years there has been a significant growth in interest of the so-called "law in context" extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.

Indigenous Peoples And Human Rights

Author: Patrick Thornberry
Publisher: Manchester University Press
ISBN: 1847795145
Size: 33.60 MB
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This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.