This book presents the case of humanitarian intervention within a discursive theory of international law. It identifies and examines the philosophical and legal concepts which inform the case of humanitarian intervention and scrutinises the pertinent practice. The book explores how legal rules which vie to control humanitarian intervention are moulded by theory and how they inform the relevant practice in cases such as Kosovo, Rwanda or Somalia. It presents the legal and theoretical narrative and its agonising attempts to produce objective, true arguments, to introduce a modicum of morality when faced with hard cases but also to concede a leeway for moral or political relativists. For instance, humanitarian intervention within natural law appeals to modes of justification springing from theistic assumptions such as the moral standing of humans as God's mirror or Kantian ones as partakers of universal reason. The cases of Uganda and Kampuchea should be evaluated in the same way, not according to their effects on the governmental structures but according to how they secured human dignity. Kampuchea was not totally propitious in this regard. Humanitarian intervention stopped widespread massacres at a genocidal level and in this way secured human dignity, but the ensuing situation did not correspond to the standards of human dignity. Following the position developed, cases such as Entebbe and Liberia are included within the concept of humanitarian intervention. Operation 'Restore Hope' for Somalia is marked by the disagreements between the United Nations and the participant states concerning its purposes and means.
organisation and hostilities reach a certain degree of intensity. 17 The Yugoslav and Rwanda tribunals have refined the criminal nature of common Article 3 and Protocol II – Protocol II is only applicable before the ICTR – on the cumulative existence of a non-international armed conflict, a link between the accused and the armed forces, the civilian nature of the victims and a nexus between the crime and the armed
The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).
such that any survey of their provisions is beyond the scope of this book. 36 In some parts of the world, especially Africa, regional treaties are important in realising the transit rights of landlocked States. In recent years a number of ‘corridor agreements’ have been concluded in Africa. The Northern Corridor Transit and Transport Agreement (2007) 37 provides transit rights for Burundi, Rwanda
boundaries’: D. Pool, Eritrea: Towards Unity in Diversity (London, Minority Rights Group, 1997), p. 5. Perhaps surprisingly, the 1995 Constitution of Ethiopia permits the secession of ethnically based regions from the Federation: Minority Rights Group (ed.), World Directory, pp. 412–17. 12 The reaction to which has, inter alia, included the setting up of the International Criminal Tribunal for Rwanda. 13 Makau wa Mutua, ‘The Banjul Charter and the African cultural ﬁngerprint: an evaluation of the language of duties’, Virginia Journal of International Law 35 (1995), 339
Security Council determines a situation and decides on measures which are executed institutionally and collectively or by individual members under authorisation. 75 Hence, the humanitarian crises in Rwanda or Somalia were considered to be a threat to peace and states were delegated to redeem the situation 76 whereas in Kosovo there was no such explicit
states are taken into consideration. 90 This process has been evident in both the Nuremberg and Yugoslav/Rwanda trials; the former by exercising jurisdiction over offences widely considered as representing ex post facto law, 91 while the latter for prescribing liability for offences committed in non-international armed conflicts. 92 Advanced communications
violence. 94 It was sufficient that the propaganda occurred in a daily environment of hatred and extermination, and that a reasonable likelihood existed that the propaganda would contribute to unspecified further acts of violence. Fifty years later, the Yugoslav, but particularly the Rwanda tribunal, were faced with evaluating the liability of the authors of inciteful messages
war rivalries, but was also associated with the difficulties in identifying hierarchical structures in the context of civil wars. Additionally, no consensus on an appropriate international mens rea could be reached. Significant progress was made with the inclusion of Articles 86 and 87 of the 1977 Geneva Protocol I, but it was not until the Yugoslav and Rwandan civil conflicts that the doctrine was
domestic law, environmental and social impact assessments and minimum standards for human rights and labour upheld. 39 This right to initiate a counterclaim against an investor is also provided for in the Indian Model BIT. 40 This is, however, not the case for the US–Rwandan BIT 41 and the Nigeria–Morocco BIT of 2016. 42 While the US–Rwandan BIT provides for the possibility for non