This book is an attempt at a comprehensive presentation of the history of humanitarian intervention in the long nineteenth century, the heyday of this controversial doctrine. It starts with a brief presentation of the present situation and debate. The theoretical first part of the book starts with the genealogy of the idea, namely the quest for the progenitors of the idea in the sixteenth and seventeenth century which is a matter of controversy. Next the nineteenth century ‘civilization-barbarity’ dichotomy is covered and its bearing on humanitarian intervention, with its concomitant Eurocentric/Orientalist gaze towards the Ottomans and other states, concluding with the reaction of the Ottomans (as well as the Chinese and Japanese). Then the pivotal international law dimension is scrutinized, with the arguments of advocates and opponents of humanitarian intervention from the 1830s until the 1930s. The theoretical part of the book concludes with nineteenth century international political theory and intervention (Kant, Hegel, Cobden, Mazzini and especially J.S. Mill). In the practical second part of the book four cases studies of humanitarian intervention are examined in considerable detail: the Greek case (1821-1831), the Lebanon/Syria case (1860-61), the Balkan crisis and Bulgarian case (1875-78) in two chapters, and the U.S. intervention in Cuba (1895-98). Each cases study concludes with its bearing on the evolution of international norms and rules of conduct in instances of humanitarian plights. The concluding chapter identifies the main characteristics of intervention on humanitarian grounds during this period and today’s criticism and counter-criticism.
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 is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.
Nineteenth-century international law imbibed the racist virus. The twentieth century attempted to find an escape through fundamental, principled restatements of the equality and dignity of human beings and the worth of the cultures of humanity in all their subtlety and variety. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was preceded by the Declaration on the Elimination of All Forms of Racial Discrimination in 1963, and converted its premises into legally binding standards. The ICERD carried the hopes and aspirations of many in the international community for an international order of mutual respect and harmony among nations and peoples. This book tracks the debates that have shaped Committee on the Elimination of Racial Discrimination's (CERD) policies and practices on disaggregated data over its first forty-five years. The UN World Conference Against Racism, Racial Discrimination, Xenophobia and related Intolerance (WCAR) created an opportunity for the family of nations to engage in a global dialogue. The rights of indigenous peoples under international human rights law have greatly evolved with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007. CERD's serious attention to the continuing role played by anti-Romani sentiment - anti-Gypsyism - in shaping the societies is required. The central concern of General Recommendation 35 (2013) of the CERD was to figure out and set out how the 'resources' of the ICERD can be optimally 'mobilised' for the purpose of combating racist hate speech.
'Terror' is a diffuse notion that takes no account of local particularities and 'war on terror' is a contradiction in terms. This book is based on the lectures that were given on the subject in Oxford in 2006. Amnesty has described 'war on terror' as a war on human rights. It is also a contest of narratives: stories that the protagonists tell about themselves, about their enemies, and about what is happening now. The book considers how the recent actions of the United States have stressed and stretched two areas of international law: the right of self-defence, and the rules of international humanitarian law. State terrorism, with a bit of careful spin, can be reclassified as counter-terrorism, in other words as inherently good in the same way that terrorism is inherently bad. The book engages with the politico-conceptual difficulties of distinguishing between war and terrorism. The interface and tensions between the human rights tradition and the Islamic tradition, particularly Islamic law, is discussed. The intensification of Western repression against Islamic thinkers or activists has at times been coupled with policies that seemed designed to change the religious trajectory of society. The sexualization of torture is only one way in which the 'war on terror' has delineated who is (and who is not) human. Religion, human rights, and trauma narratives are three other mechanisms for rationalizing suffering. The book also discusses the subject of censuring reckless killing of innocent civilians by the issue of fatwas by Muslim teachers.
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.
It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.
The influence of non-State actors in internationallaw is almost uncontested. 1 It is commonly recognized that non-State actors have definitely revolutionized the traditional State-centric perspective of internationallaw as they have permeated multiple international legal dynamics and institutions. 2 Accordingly, non-State actors are nowadays addressees of rights and obligations contained in international treaties 3 and customary law, 4 they have appeared before international courts, 5 they have promoted massive international summits that have led to the