Search results for: rule-of-law-in-war

Customary Justice and the Rule of Law in War torn Societies

Author : Deborah Isser
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The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

From War to the Rule of Law

Author : J. J. C. Voorhoeve
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As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.

MI5 the Cold War and the Rule of Law

Author : Keith Ewing
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This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources. The book addresses the evolution of MI5's mandate after the Second World War which set out its role and functions, and to a limited extent the lines of accountability, the surveillance targets of MI5 and the surveillance methods that it used for this purpose, with a focus in two chapters on MPs and lawyers respectively; the purposes for which this information was used, principally to exclude people from certain forms of employment; and the accountability of MI5 or the lack thereof for the way in which it discharged its responsibilities under the mandate. As lawyers the authors' concern is to consider these questions within the context of the rule of law, one of the core principles of the British constitution, the values of which it was the duty of the Security Service to uphold. Based on extensive archival research, it suggests that MI5 operated without legal authority or exceeded the legal authority it did have.

Rule of Law in War

Author : Travers McLeod
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Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of modern U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006. It then assesses how international law's doctrinal interaction held up in Iraq and Afghanistan. The account of this doctrinal change is based on extensive access to the primary actors and materials, including FM 3-24's drafting history, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.

The Rule of law during the War

Author : Robert Menzies (Sir)
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The Law of Armed Conflict and the Use of Force

Author : Frauke Lachenmann
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This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

Oslo Manual on Select Topics of the Law of Armed Conflict

Author : Yoram Dinstein
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This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.

The Rule of Law in Crisis and Conflict Grey Zones

Author : Michael John-Hopkins
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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.

Civil War and the Rule of Law

Author : Agnès G. Hurwitz
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How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development?The authors of Civil War and the Rule of Law address these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities. Throughout the book, they emphasize the critical relationship linking the rule of law, security, development, and human rights.Agnes Hurwitz is in the Office of the President of the International Criminal Tribunal for the Former Yugoslavia. In 2004?2006 she headed the Rule of Law Project at the International Peace Academy. Reyko Huang, formerly a program officer at the International Peace Academy, is a doctoral candidate in political science at Columbia University.Contents: Civil War and the Rule of Law: Toward Security, Development, and Human Rights?A. Hurwitz. The Rule of Law: Conceptual Perspectives. Exploring the Rule of Law in Theory and Practice?R. Mani. Invoking the Rule of Law: International Discourses?B. Rajagopal. Conflict Prevention, Peacekeeping, and Peacebuilding. Conflict Prevention and the Rule of Law: Rhetoric and Reality?C.L. Sriram. UN Peacekeeping Operations and Rule of Law Programs?W.G. O?Neill. Transitional Codes: Laying the Foundation of the Rule of Law?C. Rausch and V. O?Connor. Transfer of Authority in Postconflict Operations: The Trope of Ownership?S. Chesterman. Addressing the Past: Reparations for Gross Human Rights Abuses?P. de Greiff. Linking Security, Development, and Human Rights. Beyond Restitution: Housing, Land, Property, and the Rule of Law?A. Hurwitz. Corruption: A Rule of Law Agenda?M. O?Donnell. Toward the International Rule of Law: Economic Instruments and Collective Security?L.B. de Chazournes. Counterterrorism and the Rule of Law?R. Huang. Conclusion. Conclusion?A. Hurwitz.

Rule of Law in War

Author : Travers McLeod
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Can Might Make Rights

Author : Jane Stromseth
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This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.

War Law

Author : Michael Byers
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“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

The Counterinsurgent s Constitution

Author : Ganesh Sitaraman
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When the U.S. military began its "surge" in Iraq in 2006, counterinsurgency effectively became its dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency operations have turned not on military questions but on legal ones: Who can the U.S. military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. It explains why law matters in counterinsurgency, how law operates during counterinsurgency, and how law and counterinsurgency strategy can be better integrated. As Ganesh Sitaraman shows, far from being opposed, law and strategy are aligned and reinforcing. Following the laws of war is not just the right thing to do, it is strategically beneficial. Reconciliation with enemies can both end the conflict and preserve the possibility of justice for war crimes. Building the rule of law is not simply altruistic "nation-building," but an important strategy for success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace.

World Peace Through Law

Author : James Taylor Ranney
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This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.

Transnational Justice

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The Law of War

Author : Ingrid Detter
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The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. Ingrid Detter reviews the status of non-State actors, as individuals and groups become more prominent in international society. Covering post 9/11 events and the resulting changes in the ethos of war, the author analyses the role of military companies and examines what their legitimacy means for international society. The edition also discusses certain ’intrinsic’ rules in the Law of War, such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights. The author questions the right of ’illegal’ combatants to be treated as prisoners of war and suggests that a minimum standard must be afforded to all, whether captured dictators or detainees suspected of terrorism. In the modern world, the individual (the soldier, the civilian, the dictator, the terrorist or the pirate) can no longer behave as they wish. Further new topics include 'target killings', the ’right to protect’ (’R2P’, - claimed to be a new form of intervention), the use of unregulated weapons such as drones and robots, the war scenario in Outer Space and cyber crimes. There is also a discussion of new developments in the field of war crimes including severe criticism of the novel concept 'joint criminal enterprise' (JCE), which, in the opinion of the author, undermines the Rule of Law. This updated and expanded edition will be of use to statesmen, scholars and students of international relations and international law.

The Challenge of Conflict

Author : Ustinia Dolgopol
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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.

Reflections on the Law of War

Author : Frits Kalshoven
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The papers collected in this volume span a 35-year period of active involvement in the 'reaffirmation and development of international humanitarian law'. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author's activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

Peacekeeping Policing and the Rule of Law after Civil War

Author : Robert A. Blair
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The UN plays a vital but underappreciated role in restoring the rule of law in countries recovering from civil war.

War and Peace in Outer Space

Author : Cassandra Steer
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This book delves into legal and ethical concerns over the increased weaponization of outer space and the potential for space-based conflict in the very near future. Unique to this collection is the emphasis on questions of ethical conduct and legal standards applicable to military uses of outer space. No other existing publication takes this perspective, nor includes such a range of interdisciplinary expertise. The essays included in this volume explore the moral and legal issues of space security in four sections. Part I provides a general legal framework for the law of war and peace in space. Part II tackles ethical issues. Part III looks at specific threats to space security. Part IV proposes possible legal and diplomatic solutions. With an expert author team from North American and Europe, the volume brings together academics, military lawyers, military space operators, aerospace industry representatives, diplomats, and national security and policy experts. The experience of this team provides a collection unmatched in any academic publication broaching even some of these issues and will be required reading for anyone interested in war and peace in outer space.