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Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Jason Ralph

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.001.0001
Subject:
Political Science, International Relations and Politics

This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ... More


The United Nations and Humanitarian Intervention

Sir Adam Roberts

in Humanitarian Intervention and International Relations

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.003.0005
Subject:
Political Science, International Relations and Politics

Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of ... More


Surmounting Indifference: Refugees and the New Statecraft

Arthur C. Helton

in The Price of Indifference: Refugees and Humanitarian Action in the New Century

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199250318
eISBN:
9780191599477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199250316.003.0006
Subject:
Political Science, International Relations and Politics

Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past ... More


An Intervener's Conduct: Humanitarian Intervention and Jus in Bello

James Pattison

in Humanitarian Intervention and the Responsibility To Protect: Who Should Intervene?

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199561049
eISBN:
9780191722318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561049.003.0004
Subject:
Political Science, Comparative Politics, International Relations and Politics

This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ... More


International Peace and Security, International Criminal Justice, and the Yugoslav War

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0002
Subject:
Political Science, International Relations and Politics

This chapter analyses the decision to establish the International Criminal Tribunal for the Former Yugoslavia from the legal, political, and diplomatic context in which it was taken. The tribunal was ... More


The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Emily Crawford

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed ... More


Jurisdiction: ‘Beyond Any Doubt’?

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0004
Subject:
Political Science, International Relations and Politics

The political mandate of the International Criminal Tribunal for the Former Yugoslavia impacted jurisdiction in three ways. It influenced the drafting of the Statute of the Tribunal in such a way ... More


The Impact of Human Rights Law on General International Law

Menno T. Kamminga and Martin Scheinin (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ... More


International Humanitarian Law

Aryeh Neier

in The International Human Rights Movement: A History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691135151
eISBN:
9781400841875
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135151.003.0005
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter explores how international humanitarian law and international human rights law initially developed independently, but have converged and are now deeply interwoven. Since ancient times, ... More


Impact on the Process of the Formation of Customary International Law

Jan Wouters and Cedric Ryngaert

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the ‘human rights method’ of ascertaining customary international law, with its emphasis on opinio juris over state practice, with a favourable eye. It argues that while it is ... More


State-sponsored terrorism, the laws of war, and the role of storytelling as a self-help remedyLaw, Literature, and Semiotics

Susan Tiefenbrun

in Decoding International Law: Semiotics and the Humanities

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195385779
eISBN:
9780199776061
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195385779.003.004
Subject:
Law, Public International Law

This chapter analyzes the principles of international humanitarian law as exemplified in the book and film called The Pianist. This method of analysis relating international law and literature is a ... More


Procedure: ‘Justice Must Not Only be Done, but Must be Seen to be Done’

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0005
Subject:
Political Science, International Relations and Politics

This chapter examines issues associated with the formulation and interpretation of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The ... More


Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law

Christine Bell

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter considers the ways in which human rights and humanitarian law have been argued to impose post-conflict accountability. It argues that the attempt to use human rights and humanitarian law ... More


Humanitarian Instruments as Customary Law

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198257455
eISBN:
9780191681769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257455.003.0002
Subject:
Law, Public International Law

This chapter considers the important aspects of the question of reservations to humanitarian and human rights instruments and then considers certain aspects of the Nicaragua Judgment that implicate ... More


Conclusion

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0009
Subject:
Political Science, International Relations and Politics

This chapter presents a synthesis of the discussions in this volume. The establishment of the International Criminal Tribunal for the Former Yugoslavia was part of a wider trend towards ... More


Force Against Non-State Actors as Armed Conflict

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins the examination of whether international humanitarian law is an appropriate legal framework that can be applied to extraterritorial force against non-state actors. This includes ... More


Concurrent Applicability of International Humanitarian Law and International Human Rights Law

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the relationship between human rights law and humanitarian law in the context of extraterritorial force against non-state actors. The concurrent applicability of the two legal ... More


The Security Council as Enforcer of Human Rights

Vera Gowlland-Debbas

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter focuses on the legal issues of the Security Council's actions in favour of human rights. In particular, it addresses the problem of the qualification of human rights violations as a ... More


The Identification of Peremptory Norms

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0003
Subject:
Law, Public International Law

This chapter examines the criteria of identifying jus cogens, in particular whether structural or substantive method should be preferred, and also the moral basis of jus cogens. Particular jus cogens ... More


States of Exception: Regulating Targeted Killing in a ‘Global Civil War’

Nehal Bhuta

in Human Rights, Intervention, and the Use of Force

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552719
eISBN:
9780191721090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552719.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter reviews the way that the ‘global war on terror’ destabilizes legal categories regulating the scope of legitimate violence in international human rights (IHR) law and international ... More


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