Policing Humanitarianism

Policing Humanitarianism
Author: Sergio Carrera
Publisher: Bloomsbury Publishing
Total Pages: 240
Release: 2019-01-24
Genre: Law
ISBN: 1509923004

Policing Humanitarianism examines the ways in which European Union policies aimed at countering the phenomenon of migrant smuggling affects civil society actors' activities in the provision of humanitarian assistance, access to rights for irregular immigrants and asylum seekers. It explores the effects of EU policies, laws and agencies' operations in anti-migrant smuggling actions and their implementation in the following EU Member States: Italy, Greece, Hungary and the UK.The book critically studies policies designed and implemented since 2015, during the so called 'European refugee humanitarian crisis'. Building upon the existing academic literature covering the 'criminalisation of migration ' in the EU, the book examines the wider set of punitive, coercive or control-oriented dynamics affecting Civil Society Actors' work and activities through the lens of the notion of ' policing the mobility society'. This concept seeks to provide a framework of analysis that allows for an examination of a wider set of practices, mechanisms and tools driven by a logic of policing in the context of the EU Schengen border framework: those which affect not only people, who move (qualified as third-country nationals for the purposes of EU law), but also people who mobilise in a rights-claiming capacity on behalf of and with immigrants and asylum-seekers.

Responses to Sea Migration and the Rule of Law

Responses to Sea Migration and the Rule of Law
Author: Katia Bianchini
Publisher: Bloomsbury Publishing
Total Pages: 221
Release: 2024-08-22
Genre: Law
ISBN: 1509978496

In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.

Human Rights and Policing

Human Rights and Policing
Author: Barry Devlin
Publisher: Martinus Nijhoff Publishers
Total Pages: 311
Release: 2024-01-22
Genre: Law
ISBN: 9004636544

This is a unique book in that it distils the knowledge, ideas and experience of three police professionals in the cause of a human rights-based approach to policing. The book is written for an audience of police officials, human rights workers with an interest in human rights and policing, and resource persons and teachers responsible for the education of police officials. It provides a concise account and analysis of international human rights standards and best practice appertaining to key areas of policing, and it sets out a clear strategy to bring about change, organisational and thence behavioural, within police organisations. To focus on human rights and best practice in policing is not only important as an end in itself, it is also important as a means of securing effective policing for the support of the community. Effective policing in a democracy is dependent upon police respecting the rule of law and human rights.

Killing in a Gray Area between Humanitarian Law and Human Rights

Killing in a Gray Area between Humanitarian Law and Human Rights
Author: Jan Römer
Publisher: Springer Science & Business Media
Total Pages: 196
Release: 2010-01-12
Genre: Law
ISBN: 3642046622

Armed forces can be confronted with the problem of correctly classifying a targeted group as one that is or is not party to an armed conflict. In particular, this happens in a context of a high level of violence where a non-international armed conflict is (likely) occurring at the same time, such as in Iraq, Afghanistan, Brazil or Mexico. The difficulty of qualifying the targeted group leads to a legal uncertainty in which it is unclear whether an operation is governed by international humanitarian law or the international law of human rights. The problem is of particular interest when lethal force is resorted to, as killing might be illegal under one of the two branches. The book attempts to provide guidance on how this uncertainty can be overcome. In order to do so, the requirements to kill under IHL and human rights law are analyzed and compared, as well as assessed in concrete operations of the National Police of Colombia who face this problem on a regular basis.

Humanitarian Intervention

Humanitarian Intervention
Author: Fernando R. Tesón
Publisher:
Total Pages: 368
Release: 1997
Genre: Law
ISBN:

Intervention--the deliberate intrusion of a state or an internationally legitimized force into a country deemed guilty of large scale systematic violation of human rights--is probably the most controversial issue in modern world affairs. It has been dubbed "humanitarian," as humanitarianism is its raison d'etre, but its critics point not only to its frequent failure to improve a bad situation, but on occasion to make matters worse. Nevertheless, Professor Teson shows, it is a moral imperative that is at least permitted, if not demanded, by international law. Teson first argues that respect for human rights is the primary justification for states & governments, & that, accordingly, tyrannical governments have no international legitimacy. Then, following a detailed analysis of the UN Charter, customary law, & the Nicaragua case, he examines state interventions in Bangladesh, Central Africa, Uganda, & Grenada, as well as United Nations authorized interventions in Iraq, Somalia, Haiti, Rwanda, & Bosnia.

Casualties of Care

Casualties of Care
Author: Miriam I. Ticktin
Publisher: Univ of California Press
Total Pages: 312
Release: 2011-07-30
Genre: Political Science
ISBN: 0520269047

"Casualties of Care is a well crafted, intelligent and carefully argued study of the social and policy effects of a seemingly benevolent set of 'humanitarian practices' used in the French immigration and asylum processes. One of the leading anthropologists of humanitarianism, Miriam Ticktin is well placed to write this definitive study, having undertaken nearly ten years of thorough ethnographic research in France. Her research findings draw from ethnographic interviews and participant observation as well as broader, more structural data on the movement of foreign labor within the French economy." --Richard Ashby Wilson, Gladstein Chair of Human Rights, University of Connecticut "Ticktin cuts to the heart of contemporary concerns, speaking provocatively and incisively about humanitarianism and security through the topic of immigration." --Peter Redfield, Associate Professor of Anthropology at the University of North Carolina, Chapel Hill

The Dark Sides of Virtue

The Dark Sides of Virtue
Author: David Kennedy
Publisher: Princeton University Press
Total Pages: 399
Release: 2011-06-27
Genre: Philosophy
ISBN: 1400840732

In this provocative and timely book, David Kennedy explores what can go awry when we put our humanitarian yearnings into action on a global scale--and what we can do in response. Rooted in Kennedy's own experience in numerous humanitarian efforts, the book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war. It takes us from the jails of Uruguay to the corridors of the United Nations, from the founding of a non-governmental organization dedicated to the liberation of East Timor to work aboard an aircraft carrier in the Persian Gulf. Kennedy shares the satisfactions of international humanitarian engagement--but also the disappointments of a faith betrayed. With humanitarianism's new power comes knowledge that even the most well-intentioned projects can create as many problems as they solve. Kennedy develops a checklist of the unforeseen consequences, blind spots, and biases of humanitarian work--from focusing too much on rules and too little on results to the ambiguities of waging war in the name of human rights. He explores the mix of altruism, self-doubt, self-congratulation, and simple disorientation that accompany efforts to bring humanitarian commitments to foreign settings. Writing for all those who wish that "globalization" could be more humane, Kennedy urges us to think and work more pragmatically. A work of unusual verve, honesty, and insight, this insider's account urges us to embrace the freedom and the responsibility that come with a deeper awareness of the dark sides of humanitarian governance.

The Evolution of the Doctrine and Practice of Humanitarian Intervention

The Evolution of the Doctrine and Practice of Humanitarian Intervention
Author: Francis Kofi Abiew
Publisher: BRILL
Total Pages: 325
Release: 2024-02-12
Genre: Law
ISBN: 9004642617

The topic of humanitarian intervention has become increasingly significant since the end of the Cold War. Despite a substantial body of literature on the subject in the past, recent developments justify a contemporary study of the subject. This book is not only timely, given the crises which have occasioned United Nations interventions over the past several years, but enduring, as international political structures undergo stress and reform, and as international law and international relations theorists grapple with the sovereignty/intervention problem. It defends the emergence of a right of humanitarian intervention and argues that state sovereignty is not incompatible with humanitarian intervention. After a thorough review of historical precedents, the book concludes by assessing contemporary developments in terms of sources of support for intervention on humanitarian grounds.