International Humanitarian Law and Human Rights Law

International Humanitarian Law and Human Rights Law
Author: Roberta Arnold
Publisher: BRILL
Total Pages: 608
Release: 2008
Genre: Political Science
ISBN: 9004163174

Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.

Sexualised Crimes, Armed Conflict and the Law

Sexualised Crimes, Armed Conflict and the Law
Author: Hannah Baumeister
Publisher: Routledge
Total Pages: 209
Release: 2018-06-04
Genre: Law
ISBN: 1351619217

From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women’s experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law. Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology.

Women and International Human Rights Law

Women and International Human Rights Law
Author: Kelly Dawn Askin
Publisher: Martinus Nijhoff Publishers
Total Pages: 766
Release: 2024-02-12
Genre: Law
ISBN: 9004531114

For in-depth coverage of gender issues in human rights law, from theory and cultural practices to legal instruments and the case law of international tribunals, this major three-volume work is without peer. More than 100 leading authorities in the field offer trenchant analyses of problems and solutions, crimes and abuses, available recourses, areas of empowerment -- the entire spectrum of women's rights, discussed at a level of detail and legal awareness unavailable in any other single source. Published under the Transnational Publishers imprint. The print edition is available as a set of three volumes (9781571050946).

The Transformation of the Prohibition of Torture in International Law

The Transformation of the Prohibition of Torture in International Law
Author: Lutz Oette
Publisher: Oxford University Press
Total Pages: 369
Release: 2024-07-04
Genre: Law
ISBN: 0198885776

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

Global Critical Race Feminism

Global Critical Race Feminism
Author: Adrien Katherine Wing
Publisher: NYU Press
Total Pages: 468
Release: 2000-05
Genre: Law
ISBN: 0814793371

An anthology containing some 30 essays which focus on topics including a critique of American feminist legal scholarship; motherhood and work in cultural context; Josephine Baker and the Cold War; the campaign against female circumcision; violence against Aboriginal women in Australia; and "marketization" and the status of women in China. Includes a foreword by social justice activist and professor at the U. of California-Santa Cruz, Angela Y. Davis. Annotation copyrighted by Book News Inc., Portland, OR

International Peacekeeping: The Yearbook of International Peace Operations

International Peacekeeping: The Yearbook of International Peace Operations
Author: Michael Bothe
Publisher: BRILL
Total Pages: 624
Release: 2021-10-01
Genre: Political Science
ISBN: 9004208437

International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues. It provides the interested public - civil servants, politicians, the military, academics, journalists, and others - with an up-to-date source of information on peacekeeping, enabling them to keep abreast of the most important developments in the field. This is achieved not only by the provision of 'basic documents' (on CD ROM), such as Security Council Resolutions or Reports from the UN Secretary-General, but also by expert commentaries on world events connected with peacekeeping operations. Thus, International Peacekeeping not only has a recording and documentary function, for those who wish to be kept well-informed, but also plays a role in forming opinions on the further development of peacekeeping as an instrument. Peacekeeping is treated in a pragmatic light, seen as a form of international military cooperation for the preservation or restoration of international peace and security, attention being focused primarily on UN peacekeeping operations. This yearbook is the continuation of the journal International Peacekeeping.

Human Rights, Self-Determination and Political Change in the Occupied Palestinian Territories

Human Rights, Self-Determination and Political Change in the Occupied Palestinian Territories
Author: Stephen Bowen
Publisher: BRILL
Total Pages: 335
Release: 2021-09-27
Genre: Law
ISBN: 9004481737

How can international human rights standards - in the civil and political sphere and in respect of economic, social and cultural rights - provide clear guidance for political change? This collection offers the reader an exposition and critical analysis of the agreements between Israel and the Palestinian Liberation Organisation from the perspective of international human rights law. Covered topics include - the relevance and influence of international law on the peace-making process, - the strengths and weaknesses of the agreements and the extent to which they lay the foundation for the realization of Palestinian self-determination and the development of a democratic and civil society, - the status and obligations of both the State of Israel and the emerging Palestinian Authority in respect of the Occupied Territories, and - the continuing role of international actors and non-governmental organisations in promoting respect for human rights during a period of dramatic transition. The position of Palestinian women and the operation of international human rights standards as mechanisms for political change receive particular attention. Scholars concerned with the Middle East and anyone interested in the promotion and protection of human rights in post-conflict situations will appreciate this unique and challenging collection.

Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals

Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals
Author: Hilmi M. Zawati
Publisher: Oxford University Press
Total Pages: 273
Release: 2015-11
Genre: Law
ISBN: 0199357110

This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.