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Casper Sylvest

CH APTER 3 Legal evolution and the redemption of international law The dilemma of international law is that of ecclesiastical dogma. Elastic interpretation adapted to diverse needs increases the number of the faithful. Rigid interpretation, though theoretically desirable, provokes secessions from the church. (E. H. Carr, 19391) It has become a commonplace to note that the modern body of inter­ national law, shared by a society of civilised nations, has its roots in the classical tradition of jus gentium and in a ‘law of nations’ applicable to a family of

in British liberal internationalism, 1880–1930
Author: Nigel D. White

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.

Catherine Akurut

perpetrators that participating in CRSV/M is considered a grave violation of the international law, and the prosecution approach should be the same as is the case in obtaining justice for CRSV against women ( Lewis, 2009 : 49). Encouraging men to speak about their CRSV experiences, particularly to the humanitarian service providers, may make them more inclined to offer the care and support they need. Therefore, the move towards a language that is vividly gender-inclusive recognises that both men

Journal of Humanitarian Affairs
An Interview with Caroline Abu Sa’Da, General Director of SOS MEDITERRANEE Suisse
Juliano Fiori

unlawful but European institutions are endorsing it. So SOS says: ‘No! Actually, according to international law, these are the obligations of states.’ It’s kind of a vigilante of the Mediterranean. Right now, my problem with NGOs like MSF and Save the Children and Oxfam is not what they do out in the field. It is that their staff generally don’t act as citizens. They go out to Uganda or DRC or whatever but they don’t engage with politics in their own home countries. Perhaps this is a result of the way NGO workers see themselves. My PhD research was

Journal of Humanitarian Affairs
Editor’s Introduction
Michaël Neuman, Fernando Espada, and Róisín Read

. UN Security Council ( 2019 ), ‘ Aid Operations under Increasing Threat as State, Non-State Combatants Ignore International Law, Humanitarian Affairs Chief Warns ’, Security Council, SC/13760, 8499th Meeting (PM) .

Journal of Humanitarian Affairs
Staff Security and Civilian Protection in the Humanitarian Sector
Miriam Bradley

kind of formulation, which justifies additional measures for staff on the basis of the services they provide for others, sits uncomfortably with the principle of humanity, according to which ‘human value is based on life not utility’ ( Slim, 2015 : 56). Legal Frameworks Differences in legal status do not offer a convincing explanation of differences in security/protection strategy. International law does offer additional

Journal of Humanitarian Affairs
The Law and Politics of Responding to Attacks against Aid Workers
Julia Brooks and Rob Grace

newfound attention to the targeting of humanitarian and medical actors in conflict zones, not only in Afghanistan, but also in Syria, Yemen and elsewhere, as well as renewed calls for legal accountability. As the incident highlighted, however, a notable gap exists between the lofty theoretical promise of international law – and its domestic corollaries – and the difficulties of achieving accountability in practice. On the one hand, the legal clarity of international law regarding the protection of humanitarian action in armed conflict from deliberate attack is

Journal of Humanitarian Affairs
Open Access (free)
Humanitarianism in a Post-Liberal World Order
Stephen Hopgood

Chinese assertiveness. The blocking of effective action on Syria at the security council, including preventing a referral of Assad to the ICC, was the result. It is a long time since Kosovo in 1999, the high point of the post-Cold War humanitarian international, when the Western-led coalition broke international law but justified it by retrospectively arguing their actions were ‘illegal but legitimate’. Imagine China making the same argument about its treatment of the Uighurs, as many as one million of whom, it is said, now languish in re

Journal of Humanitarian Affairs
German Responses to the June 2019 Mission of the Sea-Watch 3
Klaus Neumann

about: her ship, the international law of the sea, Europeans’ moral responsibilities, and conditions faced by migrants in Libya. At the same time, she convincingly claimed that she preferred her actions to do the talking for her. The role of Rackete has also been important in that it deflected emotions away from the migrants rescued by the NGOs – and thus away from an asymmetrical extension of compassion – towards the rescuers. The deflection of emotions away from the migrants may also have helped to subvert humanitarianism’s tendencies to perpetuate ‘the neo

Journal of Humanitarian Affairs
Open Access (free)
Brad Evans

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 international law. 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

Journal of Humanitarian Affairs