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The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.
With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” - a legal position that would serve to stymie important cooperative efforts throughout the Middle East and which, if accepted as accurate, would prevent those states and others from addressing terrorism and many problems associated with non-state armed groups within a rule of law framework. This article, therefore, examines that U.N. legal position and, concomitantly, the unfrequented legal realm that lies at the crossroads of transnational criminal law and the law of armed conflict - providing an analysis of the emerging field of transnational criminal law and exploring how this burgeoning area of international law interacts with the law of armed conflict. This, in turn, permits an illuminative discussion of how various areas of international law interact with one another and how conflicts between competing areas of law may be resolved. Drawing on international legal sources, comparative law, and relevant civil law scholarship, the analysis demonstrates that the terrorism suppression conventions as well as other similar conventions - both multilateral and bilateral - remain operative and are not muted by the fact of an armed conflict. The United Nations should, therefore, correct its analysis so that governments in the Middle East, North Africa, and elsewhere have clear and accurate legal guidance with regard to the applicability of the terrorism suppression conventions during a time of armed conflict. Such conventions, after all, are what provide the legal bases which permit states to adopt hybrid approaches to hybrid threats such as ISIS - enabling all elements of state power (including both military and law enforcement capabilities) to address an increasingly complex and malevolent phenomenon within a rule of law framework.
The 2011 WDR on Conflict, Security and Development underlines the devastating impact of persistent conflict on a country or region's development prospects - noting that the 1.5 billion people living in conflict-affected areas are twice as likely to be in poverty. Its goal is to contribute concrete, practical suggestions on conflict and fragility.
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.