International Law and Civil Wars

Intervention and Consent

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Author: Eliav Lieblich

Publisher: Routledge

ISBN: 0415507901

Category: History

Page: 286

View: 5350

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

International Law and New Wars

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Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 5687

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.

The Human Dimension of International Law

Selected Papers of Antonio Cassese

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Author: Antonio Cassese

Publisher: Oxford University Press

ISBN: 0199232911

Category: Law

Page: 539

View: 4596

This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.

Armed Conflict and Forcible Displacement

Individual Rights under International Law

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Author: Elena Katselli Proukaki

Publisher: Routledge

ISBN: 1317243897

Category: Law

Page: 267

View: 5309

This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced.?It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

The Kurdish Conflict

International Humanitarian Law and Post-Conflict Mechanisms

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Author: Kerim Yildiz,Susan Breau

Publisher: Routledge

ISBN: 1136954627

Category: Law

Page: 376

View: 7877

This book is highly topical considering the recent resurgence of violence by the PKK, the incursions into Northern Iraq by the Turkish army and security forces and Turkey's EU accession negotiations. Turkey has become an increasingly important player in Middle Eastern geopolitics. More than two decades of serious conflict in Turkey are proving to be a barrier to improved relations between Turkey and the EU. This book is the first study to fully address the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘War on Terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland. This book will be of great value to policy-makers, regional experts, and others interested in international humanitarian law and conflict resolution.

Violence and Restraint in Civil War

Civilian Targeting in the Shadow of International Law

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Author: Jessica A. Stanton

Publisher: Cambridge University Press

ISBN: 1316720594

Category: Political Science

Page: N.A

View: 2830

Media coverage of civil wars often focuses on the most gruesome atrocities and the most extreme conflicts, which might lead one to think that all civil wars involve massive violence against civilians. In truth, many governments and rebel groups exercise restraint in their fighting, largely avoiding violence against civilians in compliance with international law. Governments and rebel groups make strategic calculations about whether to target civilians by evaluating how domestic and international audiences are likely to respond to violence. Restraint is also a deliberate strategic choice: governments and rebel groups often avoid targeting civilians and abide by international legal standards to appeal to domestic and international audiences for diplomatic support. This book presents a wide range of evidence of the strategic use of violence and restraint, using original data on violence against civilians in civil wars from 1989 to 2010 as well as in-depth analyses of conflicts in Azerbaijan, El Salvador, Indonesia, Sudan, Turkey, and Uganda.

Wars of Law

Unintended Consequences in the Regulation of Armed Conflict

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Author: Tanisha M. Fazal

Publisher: Cornell University Press

ISBN: 1501719793

Category: Law

Page: 342

View: 6343

"This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--

Civil Wars

A History in Ideas

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Author: David Armitage

Publisher: Yale University Press

ISBN: 0300149824

Category: Civil war

Page: 360

View: 6136

A highly original history of the least understood and most intractable form of organised human aggression, from ancient Rome to our present conflict-ridden world We think we know civil war when we see it. Yet ideas of what it is, and isn't, have a long and contested history. Defining the term is acutely political, for ideas about what makes a war "civil" often depend on whether one is ruler or rebel, victor or vanquished, sufferer or outsider; it can also shape a conflict's outcome, determining whether external powers are involved or stand aside. From the American Revolution to the Iraq war, pivotal decisions have hung on such shifts of perspective. The West's age of civil war may be over, but elsewhere it has exploded - from the Balkans to Rwanda, Burundi, Somalia, Sri Lanka and, most recently, Syria. And the language of civil war has burgeoned as democratic politics has become more violently fought. This book's unique perspective on the roots, dynamics and shaping force of civil war will be essential to our ongoing struggles with this seemingly interminable problem.

The Rule of Law in Crisis and Conflict Grey Zones

Regulating the Use of Force in a Global Information Environment

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Author: Michael John-Hopkins

Publisher: Taylor & Francis

ISBN: 1351996746

Category: Law

Page: 350

View: 7279

This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.?

The Challenge of Conflict

International Law Responds

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Author: Ustinia Dolgopol,Judith Gail Gardam

Publisher: Martinus Nijhoff Publishers

ISBN: 9004145990

Category: Law

Page: 628

View: 4552

This collection is an integrated body of essays that provides a comprehensive range of viewpoints on how international legal and political mechanisms can address the catastrophic consequences of deadly conflict in today's world. The authors are drawn from a diverse range of disciplines encompassing law, peace studies, international relations and criminal justice and include judges, members of the military, academics, United Nations personnel and representatives of non-government organisations.

Transitional Justice and Peacebuilding on the Ground

Victims and Ex-combatants

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Author: Chandra Lekha Sriram

Publisher: Routledge

ISBN: 0415637597

Category: History

Page: 303

View: 1928

Présentation de l'éditeur : "This book seeks to refine our understanding of transitional justice and peacebuilding, and long-term security and reintegration challenges after violent conflicts. As recent events following political change during the so-called 'Arab Spring' demonstrate, demands for accountability often follow or attend conflict and political transition. While, traditionally, much literature and many practitioners highlighted tensions between peacebuilding and justice, recent research and practice demonstrates a turn away from the supposed 'peace vs justice' dilemma. This volume examines the complex, often contradictory but sometimes complementary relationship between peacebuilding and transitional justice through the lenses of the increased emphasis on victim-centred approaches to justice and the widespread practices of disarmament, demobilization, and reintegration (DDR) of excombatants. While recent volumes have sought to address either DDR or victim-centred approaches to justice, none has sought to make connections between the two, much less to place them in the larger context of the increasing linkages between transitional justice and peacebuilding . This book will be of much interest to students of transitional justice, peacebuilding, human rights, war and conflict studies, security studies and IR."

Understanding Civil Wars

Continuity and change in intrastate conflict

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Author: Edward Newman

Publisher: Routledge

ISBN: 1134715420

Category: Political Science

Page: 216

View: 6555

This volume explores the nature of civil war in the modern world and in historical perspective. Civil wars represent the principal form of armed conflict since the end of the Second World War, and certainly in the contemporary era. The nature and impact of civil wars suggests that these conflicts reflect and are also a driving force for major societal change. In this sense, Understanding Civil Wars: Continuity and change in intrastate conflict argues that the nature of civil war is not fundamentally changing in nature. The book includes a thorough consideration of patterns and types of intrastate conflict and debates relating to the causes, impact, and ‘changing nature’ of war. A key focus is on the political and social driving forces of such conflict and its societal meanings, significance and consequences. The author also explores methodological and epistemological challenges related to studying and understanding intrastate war. A range of questions and debates are addressed. What is the current knowledge regarding the causes and nature of armed intrastate conflict? Is it possible to produce general, cross-national theories on civil war which have broad explanatory relevance? Is the concept of ‘civil wars’ empirically meaningful in an era of globalization and transnational war? Has intrastate conflict fundamentally changed in nature? Are there historical patterns in different types of intrastate conflict? What are the most interesting methodological trends and debates in the study of armed intrastate conflict? How are narratives about the causes and nature of civil wars constructed around ideas such as ethnic conflict, separatist conflict and resource conflict? This book will be of much interest to students of civil wars, intrastate conflict, security studies and international relations in general.

International Law and the Use of Force

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Author: Christine Gray

Publisher: Oxford University Press

ISBN: 0198808410

Category: Law

Page: 480

View: 4707

This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Compliant Rebels

Rebel Groups and International Law in World Politics

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Author: Hyeran Jo

Publisher: Cambridge University Press

ISBN: 1316432432

Category: Political Science

Page: N.A

View: 7580

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.

Self-Determination, International Law and Post-Conflict Reconstruction

A Right in Abeyance

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Author: Manuela Melandri

Publisher: Routledge

ISBN: 0429880987

Category: Law

Page: 244

View: 971

The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

International Law and the Classification of Conflicts

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Author: Elizabeth Wilmshurst

Publisher: OUP Oxford

ISBN: 0191632236

Category: Law

Page: 568

View: 1827

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Routledge Handbook of the Law of Armed Conflict

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Author: Rain Liivoja,Tim McCormack

Publisher: Routledge

ISBN: 1136028889

Category: Law

Page: 721

View: 8592

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

Constitutions and Conflict Management in Africa

Preventing Civil War Through Institutional Design

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Author: Alan J. Kuperman

Publisher: University of Pennsylvania Press

ISBN: 0812246586

Category: Political Science

Page: 304

View: 4486

Each of Africa's countries has a different constitutional design, is characterized by a unique culture and history, and faces different stresses that threaten to undermine political stability. Presenting the first database of constitutional design in all African countries, along with seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence. With detailed comparative studies of Burundi, Ghana, Kenya, Nigeria, Senegal, Sudan, and Zimbabwe, contributing scholars identify key turning points at which a state's political institutions either mitigated or escalated the effects of economic, environmental, demographic, and political shocks. They find that stability can be promoted by various constitutional designs—not only by accommodative institutions that encourage decentralization and multiculturalism, but also by the integrative, centralized designs that characterize the constitutions of most African countries. The greatest danger may arise from partial or inequitable accommodation that can exacerbate societal tensions, culminating in violence up to and including civil war and genocide. Accordingly, Constitutions and Conflict Management in Africa cautions against the typical international prescription for radical reform to replace Africa's existing constitutions with accommodative designs, instead prescribing more gradual constitutional reform to strengthen liberal institutions, such as strong judiciaries and independent electoral commissions. This detailed and methodical volume provides vital lessons for fostering democracy and reducing civil conflict via constitutional reform in Africa and beyond. Contributors: Justin Orlando Frosini, Gilbert M. Khadiagala, Alan J. Kuperman, Karly Kupferberg, Eli Poupko, Eghosa E. Osaghae, Andrew Reynolds, Filip Reyntjens, Arame Tall, Hillary Thomas-Lake, Stefan Wolff, I. William Zartman.

Women, Peace and Security in Nepal

From Civil War to Post-Conflict Reconstruction

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Author: Åshild Kolås

Publisher: Routledge

ISBN: 1351657429

Category: Political Science

Page: 142

View: 7037

This book sheds new light on the important but diverse roles of women in the civil war in Nepal (1996-2006), and the post-conflict reconstruction period (2006-2016). Engaging critically with the women, peace and security literature, Women, Peace and Security in Nepal questions the potential of peace processes to become a window of opportunity for women’s empowerment, while insisting on the vital importance of a gender perspective in the study of conflict, security and peace. After the signing of the 2006 Comprehensive Peace Accord, Nepal experienced a huge leap in women’s political representation in the subsequent Constituent Assembly, often portrayed as a landmark victory for women’s empowerment in the context of South Asia. Nepali women’s mobilization played a key role in this success story, though similar mobilization has failed to produce the same outcomes elsewhere in South Asia. How does Nepal differ from the other cases? Presenting studies of war-time and post-conflict Nepal through a gender lens, this book critically assesses the argument that war and peacebuilding can add momentum to the transformation of gender roles. Contributing new knowledge on women’s disempowerment and empowerment in conflict and peacebuilding, the book also offers insights for contemporary debate on gender and political change in conflict-affected societies. This book will be of great interest to students of peace and conflict studies, gender security, South Asia and international relations in general, as well as policy-makers and NGOs.