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Author: Cathrine Crämer
Publisher: Springer Nature
ISBN: 3658452854
Category :
Languages : en
Pages : 330
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Book Description
Author: Cathrine Crämer
Publisher: Springer Nature
ISBN: 3658452854
Category :
Languages : en
Pages : 330
Get Book Here
Book Description
Author: Cathrine Crämer
Publisher: Springer
ISBN: 9783658452841
Category : Law
Languages : en
Pages : 0
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Book Description
“[I]f humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica—to gross and systematic violations of human rights that offend every precept of our common humanity?” – Kofi Annan This question asked by Kofi Annan over twenty years ago has not lost its relevance since, as for instance demonstrated by the paralysis of the Security Council in the face of the continued use of chemical weapons by the Syrian regime against its own population. The present work addresses the question of whether the unilateral use of force by states for humanitarian purposes, hence without a Security Council authorization, could be justified via the concept of 'humanitarian countermeasures’. In this context, humanitarian countermeasures are derived from the notion of countermeasures, which stems from the law of state responsibility as conceived in Art. 49 et seq. DARS and traditionally only refers to peaceful, bilateral measures. The core of the study is to open up countermeasures to humanitarian military action, discuss the legal feasibility of such an approach, while effectively containing the potential for abuse by establishing a legal framework. In a final step, concrete conditions for humanitarian countermeasures are defined, which can guide a reinterpretation of countermeasures and the further development of customary law. About the author Cathrine Crämer studied law at the Humboldt European Law School at the HU Berlin, the Université Paris II Panthéon Assas (Maîtrise en Droit in Private International Law) and at King's College London (LL.M. in Transnational Law). She obtained her doctorate at the LMU Munich, where she worked as a research assistant and taught public international law. Cathrine Crämer is currently a legal trainee at the Permanent Mission of Germany to the United Nations in New York.
Author: A. Cassese
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
A previous article by the author in this Journal suggested that, in the light of the NATO intervention in Kosovo, a new customary rule might be in the process of formation; namely - subject to certain stringent conditions - a rule legitimising the use of forcible countermeasures by groups of states in the event of failure by the UN Security Council to respond to egregious violations of international humanitarian law. By way of a follow-up, this article examines the views of states expressed during and since the Kosovo crisis. The author concludes that many states have conceded the moral and political necessity of the NATO intervention. This, however, stopped short of the view that such conduct was legitimate in terms of existing international law. So far no consistent usus has emerged. By contrast, opinio necessitatis has been widespread and seems to be in the process of crystallizing; however, this has not gone unopposed. Consequently, humanitarian countermeasures outside the Charter framework are still unauthorized by current international law.
Author: Carrie Walling
Publisher: University of Pennsylvania Press
ISBN: 0812208471
Category : Political Science
Languages : en
Pages : 317
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Book Description
What prompts the United Nations Security Council to engage forcefully in some crises at high risk for genocide and ethnic cleansing but not others? In All Necessary Measures, Carrie Booth Walling identifies several systematic patterns in the stories that council members tell about conflicts and the policy solutions that result from them. Drawing on qualitative comparative case studies spanning two decades, including situations where the council has intervened to stop mass killing (Somalia, Bosnia-Herzegovina, and Sierra Leone) as well as situations where it has not (Rwanda, Kosovo, and Sudan), Walling posits that the arguments council members make about the cause and character of conflict as well as the source of sovereign authority in target states have the potential to enable or constrain the use of military force in defense of human rights. At a moment when constructivist scholars in international relations are pushing beyond empirical claims for the value of norms and toward critical analysis of such norms, All Necessary Measures establishes discourse's real-world explanatory power. From her comparative chronology, Walling demonstrates that humanitarian intervention becomes possible when the majority of Security Council members come to a shared understanding of the conflict, perpetrators, and victims—and probable when the Council understands state sovereignty as complementary to human rights norms. By illuminating the relationship between national interests and the core values of Security Council members and how it influences decision-making, All Necessary Measures suggests when and where the Security Council is likely to intervene in the future.
Author: Achilles Skordas
Publisher: OUP Oxford
ISBN: 9780199559718
Category : Law
Languages : en
Pages : 460
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Book Description
The legality of international military interventions by powerful nations, such as in Kosovo or Iraq, is not always clear. This book investigates the status of such interventions under international law, arguing that they are not legally authorized but gain political support from the UN Security Council in resolutions on the restoration of peace.
Author: Lokman B. Çetinkaya
Publisher: Springer
ISBN: 3319519972
Category : Law
Languages : en
Pages : 76
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Book Description
Using legal arguments consistent with international law, this book explores whether and under which circumstances a State (or States) may establish and militarily enforce safe zones in countries that produce large-scale refugee outflows so as to protect its (or their) own interests by averting said outflows, as well as to alleviate human suffering in today’s world of civil and internal warfare. Though large-scale refugee outflows have become an increasingly frequent problem in inter-state relations, international law offers no clear remedy. Accordingly, interpretation and adaptation of the existing rules and principles of international law, in addition to State practice and the jurisprudence of international courts, are required in order to find appropriate and lawful responses to such situations. The book examines countermeasures, necessity and humanitarian intervention as possible legal grounds to justify the establishment of safe zones. Since the proposal of a safe zone for Syria remains on the international community’s agenda, the specific conditions of this case are particularly addressed in order to assess the suitability and legality of a possible safe zone in Syria.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: Taylor B. Seybolt
Publisher: Oxford University Press, USA
ISBN: 0199252432
Category : Altruism
Languages : en
Pages : 314
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Book Description
Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.
Author: Robert P. Barnidge
Publisher: Routledge
ISBN: 131702575X
Category : Political Science
Languages : en
Pages : 327
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Book Description
Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and ’responsibility to protect,’ as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.
Author: Nigel D. White
Publisher: Edward Elgar Publishing
ISBN: 1849808570
Category : Political Science
Languages : en
Pages : 699
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Book Description
ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.
