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L'etude de la correlation entre le droit international humanitaire et les droits de l'homme est un sujet qui a commence a passionner la doctrine des la fin des annees 60. Depuis, periodiquement, apparaissent de nouvelles etudes, qui relancent le debat tout en ne parvenant pas a epuiser le sujet qui, par sa complexite et l'enchevetrement des questions qu'il pose, demeure retif a toute vision dogmatique ou statique. La nouveaute de cet ouvrage est d'analyser comment le droit international penal va changer les contours des rapports entre les droits de l'homme et le droit international humanitaire. Les notions de criminalisation et d'humanisation sont des termes de technique juridique mais qui se referent, de maniere plus generale, au deplacement du centre de gravite du droit international des Etats vers les individus. L'humanisation, c'est le recentrage du droit international autour des droits de la personne humaine et l'apparition de l'individu sur la scene internationale. La criminalisation apparait comme une consequence de l'humanisation. Le droit penal attribue a certaines normes primaires une valeur superieure en renforcant le regime de responsabilite qui leur est attache.
"There has been growing recognition of the value of sport by the prison system. Its effects are highly beneficial to those in detention and to prison life in general. However, looking at the objectives through to the challenges, we can see that the link between sport and prison is a complex one, and in order to understand it better and to see what lessons can be learned, an in-depth thinking process is required, based on current scientific knowledge in this field and on state policies and practices being implemented in prisons. In the framework of its activities promoting diversity in and through sport, the Enlarged Partial Agreement on Sport (EPAS) of the Council of Europe has been working on the subject of sport and prison since 2013, in close connection with the Council for Penological Co-operation (PC-CP). Following an expert seminar organised in Strasbourg in 2013, a pan-European conference was held in Paris in 2014. The results of a survey which highlighted the numerous examples of good practice regarding sports programmes were discussed. The conference highlighted the need to record the different points of view regarding sport in prison at a pan-European level in order to identify the real challenges."--Back cover.
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. This book is an examination of the effect of contemporary wars (such as the 'War on Terror') on civil life at a global level. Contemporary literature on war is mainly devoted to recent changes in the theory and practice of warfare, particular those in which terrorists or insurgents are involved (for example, the 'revolution in military affairs', 'small wars', and so on). On the other hand, today's research on security is focused, among other themes, on the effects of the war on terrorism, and on civil liberties and social control. This volume connects these two fields of research, showing how 'war' and 'security' tend to exchange targets and forms of action as well as personnel (for instance, the spreading use of private contractors in wars and of military experts in the 'struggle for security') in modern society. This shows how, contrary to Clausewitz's belief war should be conceived of as a "continuation of politics by other means", the opposite statement is also true: that politics, insofar as it concerns security, can be defined as the 'continuation of war by other means'. This book will be of much interest to students of critical security studies, war and conflict studies, terrorism studies, sociology and IR in general. Salvatore Palidda is Professor of Sociology in the Faculty of Education at the University of Genoa. Alessandro Dal Lago is Professor of Sociology of Culture and Communication at the University of Genoa.
This volume represents the first attempt to systematically compare organised crime concepts, as well as historical and contemporary patterns and control policies in thirteen European countries. These include seven ‘old’ EU Member States, two ‘new’ members, a candidate country, and three non-EU countries. Based on a standardised research protocol, thirty-three experts from different legal and social disciplines provide insight through detailed country reports. On this basis, the editors compare organised crime patterns and policies in Europe and assess EU initiatives against organised crime.
Violence at work, ranging from bullying and mobbing, to threats by psychologically unstable co-workers, sexual harassment and homicide, is increasing worldwide and has reached epidemic levels in some countries. This updated and revised edition looks at the full range of aggressive acts, offers new information on their occurrence and identifies occupations and situations at particular risk. It is organised in three sections: understanding violence at work; responding to violence at work; future action.
This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.
The criminalization of migration and the use of coercive state power against foreigners is a controversial topic that demands closer reflection. This book examines the relationship between immigration control, citizenship, and criminal justice, reflecting on the theoretical and methodological challenges posed by mass mobility and its control.
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.
Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.