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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: Christine Byron

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.

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
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
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
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)
Gender Equality and Culture in Humanitarian Action
Ricardo Fal-Dutra Santos

for a set of humanitarian values ( Walker, 2004 ; Wortel, 2009 ). Humanitarianism is a culture that values humanity in all its forms, that champions non-discrimination, that advances restraint in war and many other values codified in international law. ‘Promoting’ ( Bugnion, 2003 : xxvii) or ‘spreading’ ( Slim, 1998 ) this humanitarian culture, therefore, inevitably requires transforming cultural values and practices that

Journal of Humanitarian Affairs