humans truly were naturally violent and that violence came easily to them, would there not be more cases of violent outrage and self-destruction among impoverished communities? What is more, most of the extreme cases of human slaughter throughout history have taken place within the bounds of domestic and internationallaw. They have been fully in keeping with the prevailing normative claims to truth and its ritualised performances. Very rarely does violence come to us in a truly sporadic or spontaneous way. All political violence has a history and most often it is
Four Decisive Challenges Confronting Humanitarian Innovation
Gerard Finnigan and Otto Farkas
(accessed 20 October 2016) .
Amnesty International ( 2016b ), ‘ Horrific Attack
on UN Aid Convoy Is a Flagrant Violation of InternationalLaw’ , www.amnesty.org/en/latest/news/2016/09/syria-horrific-attack-on-un-aid-convoy-is-a-flagrant-violation-of-international-law
(accessed 20 October 2016) .
BBS ( 2014 ), Slum Census 2014 & Health and Morbidity Status
Uses and Misuses of International Humanitarian Law and Humanitarian
ammunition, flamethrowers, napalm, and other incendiary
agents, against targets requiring their use is not a violation of internationallaw.
… They should not, however, be employed to cause unnecessary suffering to
individuals’ ( Keller, 2018 ). The
Israeli Army offered the exact same argument in 2014, during Operation Cast Lead, to
defend its use of phosphorus bombs in Gaza – a use dictated by
‘military necessity’. Otherwise, why use them?
In October 2016, the
’s lives are worthy of
being saved ( Butler, 2020 ).
Humanitarians make a claim that their values are universal ones that bind all
people, in particular the value and dignity attached to all human life (the
principle of humanity) and the ethical duty to help all people without
discrimination, based on need alone (the principle of impartiality). Further,
humanitarians have worked to enshrine these universal values into international
et al. argue that since internationallaw obligates the
protection of healthcare, intentionality of attacks is of less importance in
monitoring attacks; an indiscriminate attack, for example, is just as much an
attack as a targeted one ( 2018 : 2).
This position makes sense when considering impact of violence on the healthcare
system, where it does not matter whether a paediatrician is killed while working
in a facility, or when visiting a market
denying Palestinians’ access to core
political and legal rights, including the Right of Return and the right to collective
self-determination. While these last two options would never be accepted by Middle Eastern
states due to the economic and political implications, and while Palestinians’ refugee
status cannot – in fact – be stripped by either the US or UNRWA since it is
defined and protected in internationallaw and UN Resolutions ( Akram, 2018 ), it is equally the case that throughout 2018 the first two
options created grave insecurities on
International organisations are a central component of modern international society. This book provides a concise account of the principles and norms of international law applicable to the intergovernmental organisation (IGO). It defines and explains inter-governmentalism and the role of law in its regulation. The book presents case studies that show how the law works within an institutional order dominated by politics. After a note on the key relationship between the IGO and its member states, it examines the basic relationship between the UN and states in terms of membership through admissions, withdrawal, expulsion, suspension, and representation. The debate about the extent of the doctrine of legal powers is addressed through case studies. Institutional lawmaking in the modern era is discussed with particular focus on at the impact of General Assembly Resolutions on outer space and the Health Regulations of the World Health Organization. Non-forcible measures adopted by the UN and similar IGOs in terms of their legality (constitutionality and conformity to international law), legitimacy and effectiveness, is covered next. The different military responses undertaken by IGOs, ranging from observation and peacekeeping, to peace enforcement and war-fighting, are discussed in terms of legality and practice. The book also considers the idea of a Responsibility to Protect and the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It ends with a note on how the primary and secondary rules of international law are upheld in different forms and mechanisms of accountability, including courts.
This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations on the underlying treaties that form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real-life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction.
Racism and sectarianism makes an important contribution to the discussion on the 'crisis of anti-racism' in the United Kingdom. Anti-racist theory and practice has been in crisis for more than a quarter of a century. The power of official anti-racism comes from its endorsement and institutionalisation by states in domestic and international law and in institutional practice. The book first explores whether sectarianism is racism, examining three different arguments in favour of treating racism and sectarianism as distinct phenomena. Exploring what is racism, the book examines through the prism of Race Relations theory and practice, because they constitute the dominant approach to tackling racism in the UK. The focus is on the conception of racism that underpins Race Relations policy and theory. The book agrees that the radical grassroots anti-racist movements of the 1960s and 1970s were important and that the relationship between racism and anti-racism is not straightforward. It considers the internationalisation of the Race Relations approach through the UN, and the incorporation of Race Relations into domestic UK policy. Further, the book challenges the idea that Race Relations theory is unproblematic. Anti-racisms as they actually existed in the process of historical change and development are examined. Human consciousness plays a crucial role in this process. Finally, the book explores the limitations of a Race Relations approach to harassment through a critical examination of the most recent innovation in official anti-racism, hate crime policy, which formally came into operation in Northern Ireland in September 2004.
This book focuses on the paradoxical character of law and specifically concerns the structural violence of law as the political imposition of normative order onto a "lawless" condition. The paradox of law which grounds and motivates Christoph Menke's intervention is that law is both the opposite of violence and, at the same time, a form of violence. The book develops its engagement with the paradox of law in two stages. The first shows why, and in what precise sense, the law is irreducibly characterized by structural violence. The second explores the possibility of law becoming self-reflectively aware of its own violence and, hence, of the form of a self-critique of law in view of its own violence. The Book's philosophical claims are developed through analyses of works of drama: two classical tragedies in the first part and two modern dramas in the second part. It attempts to illuminate the paradoxical nature of law by way of a philosophical interpretation of literature. There are at least two normative orders within the European ethical horizon that should be called "legal orders" even though they forego the use of coercion and are thus potentially nonviolent. These are international law and Jewish law. Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. Self-reflection, the philosophical concept that plays a key role in the essay, stands opposed to all forms of spontaneity.