Reparation for Victims of Collateral Damage PDF Download
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Author: Alphonse Muleefu
Publisher:
ISBN: 9789462401839
Category : Civilians in war
Languages : en
Pages : 0
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Book Description
The laws of war protect non-combatants against the adverse effects of war. Belligerents are prohibited from attacking non-combatants or civilian properties directly and causing incidental damage that is excessive in relation to the military objective. In case of a violation, victims have a right to reparation. However, the laws of war do not provide total protection. Noncombatants can be accidently or incidentally harmed or their properties destroyed without making that conduct a violation. Since reparation is tied to violations of existing laws of war, victims of lawful incidents (collateral damage) are excluded. This book discursively investigates the basis for this normative discrimination and examines the grounds (moral, legal, and policy) on which reparation to victims of collateral damage could be (un)justifiable. [Subject: Human Rights Law, Law of War]
Author: Alphonse Muleefu
Publisher:
ISBN: 9789462401839
Category : Civilians in war
Languages : en
Pages : 0
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Book Description
The laws of war protect non-combatants against the adverse effects of war. Belligerents are prohibited from attacking non-combatants or civilian properties directly and causing incidental damage that is excessive in relation to the military objective. In case of a violation, victims have a right to reparation. However, the laws of war do not provide total protection. Noncombatants can be accidently or incidentally harmed or their properties destroyed without making that conduct a violation. Since reparation is tied to violations of existing laws of war, victims of lawful incidents (collateral damage) are excluded. This book discursively investigates the basis for this normative discrimination and examines the grounds (moral, legal, and policy) on which reparation to victims of collateral damage could be (un)justifiable. [Subject: Human Rights Law, Law of War]
Author: Luke Moffett
Publisher: Oxford University Press
ISBN: 0192865587
Category : Political Science
Languages : en
Pages : 337
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Book Description
War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.
Author: Frederik Rosén
Publisher: Critical War Studies
ISBN: 9781849044073
Category : History
Languages : en
Pages : 0
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Book Description
The dilemmas precipitated by the unintentional killing of civilians in war, or 'collateral damage', shape many aspects of military conduct, yet noticeable by its absence has been a methodical examination of the place and role of this phenomenon in modern warfare. This book offers a fresh perspective on a distressing consequence of conflict. Rosén explains how collateral damage is linked to ideas of authority, thereby anchoring it to the existential riddles of our individual and collective lives, and that this peculiar form of death constitutes an image of what it means to be human. His investigation of collateral damage is notable too for how the death of non-combatants sheds light on some of today's critical challenges to war and global governance, such as the growing role of non-state actors, mercenary contractors and the impact of military privatization. In the ethical realm those who successfully prove that collateral damage has occurred also enter the debate about which institutions may exert authority and thus how a truly decentralized world might be organized. This is why the in many ways underrepresented victims of collateral damage appear on closer inspection to have experienced a most significant form of death.
Author: Shavana Musa
Publisher: Cambridge University Press
ISBN: 1108638104
Category : Law
Languages : en
Pages : 564
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Book Description
Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.
Author: Cristián Correa
Publisher: Cambridge University Press
ISBN: 1108480950
Category : Law
Languages : en
Pages : 303
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Book Description
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Author: Carla Ferstman
Publisher: BRILL
ISBN: 9004377190
Category : Law
Languages : en
Pages : 790
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Book Description
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Author: Marcus Schulzke
Publisher: Cambridge University Press
ISBN: 1107189691
Category : History
Languages : en
Pages : 251
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Book Description
This book addresses the inadequacies of just war theory and international law regarding civilian rights, developing new principles of individual restorative justice.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Ken Coates
Publisher: Spokesman Books
ISBN: 9780851246413
Category : Jugoslavien
Languages : en
Pages : 0
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Book Description
Author: Taylor B. Seybolt
Publisher: Oxford University Press
ISBN: 0199977305
Category : History
Languages : en
Pages : 331
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Book Description
Counting Civilian Casualties aims to promote open scientific dialogue by high lighting the strengths and weaknesses of the most commonly used casualty recording and estimation techniques in an understandable format.
