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The book is based on two research projects on emergency intervention, which were carried out by the author and her colleagues. The studies provide the basis for the three themes in the book: Inter-agency Working; Perceptions of Safety; and Placement and Resource Issues. The combination of quantitative and qualitative research allows a detailed picture of practice that goes beyond an account of what happens, to explore the perceptions, understandings and experiences of the practitioners who make these decisions, as social workers, police officers magistrates’ legal advisers or magistrates, and of the lawyers who advise social workers and parents. The book provides a critical account of current practice in emergency child protection, it identifies good practice and make proposals for reform.
This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide.
The Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed articles, commentaries on current developments, reports on state practice and documentation that have international humanitarian law as their focal point. The cosmopolitan character of the Yearbook is ensured by its international board of editors, drawn from outstanding experts in the field, as well as by its global network of correspondents, reporting on state practice. All aspects of international law applicable during international and internal armed conflicts are covered, in addition to interesting and significant developments in related fields, such as international criminal law, human rights law, disarmament law and refugee law. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Codified in the 1899 and 1907 Hague Peace Conferences and later modified by the 1949 Fourth Geneva Convention, the traditional international law of occupation has been challenged by advocates of human rights and self- determination and tested by the numerous occupations of the last two decades--among them Israeli occupation of the West Bank and Gaza, Turkish occupation of Northern Cyprus, the Vietnamese occupation of Cambodia, U.S. operations in Grenada and Panama, and occupations during the Persian Gulf crisis. To address the new issues that have emerged, Eyal Benvenisti formulates a contemporary theory of the law of occupation and establishes guidelines for the lawful management of occupation. In his new preface the author addresses issues arising from the U.S. occupation of Iraq. Benvenisti delineates the international responsibilities and obligations of governments that gain control over foreign territories through the use of force and examines the conduct of various occupying powers of the twentieth century, beginning with the German occupation of Belgium during World War I. He analyzes the actions of these occupants by contrasting them with the reactions of ousted governments, of peoples under occupation, and of other states and of supranational organizations. Additionally, he evaluates the legality of various measures taken by occupants, with the result that the nature of occupation can now for the first time be systematically assessed.
The system of public international law has reached a major turning point in its history and is confronting serious challenges generated by a variety of developments unfolding in the structure of the international society. This Dictionary acquaints legal and other professionals, students, and interested general readers with the basic tenets of public international law, combining the features of both a brief encyclopedic dictionary and a textbook in clear, understandable language. A list of acronyms and abbreviations; a glossary of Latin phrases; a chronology that offers a historical perspective by listing major developments relating to international law throughout the centuries; a table of cases with references to entries; and a list of the 373 entries precede the main text. The survey of international law is organized into nine chapters. Chapter I contains the usual introductory topics found in international law textbooks: the nature of this law, its sources, the relationship between international and national ("municipal") law, and some other general problems. Chapters II-VIII deal with matters coming within the scope of the "law of peace," organized according to the framework consisting of: states, individuals, spatial context, and interaction. Chapter IX, whose subject unfortunately becomes ever more relevant, describes the rules governing the conduct of warfare, that is, international humanitarian law. Numerous cross-references in bold lead the reader to appropriate entries, and the abundant references to primary sources, mostly treaties and court cases, enable the reader to locate the materials needed for research. The selective bibliography includes books, research aids, textbooks, and casebooks, as well as recent books on special international law topics. This Dictionary is a useful addition to both public and academic libraries, including, in particular, libraries of law schools. The format of the book allows it to be used as a reference guide for legal professionals, scholars inter
This fully updated third edition of The Handbook of International Humanitarian Law sets out an international manual of humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. The new edition takes account of recent developments in the law, including the 2010 amendments to the ICC Statute, the progressive evolution of customary law, and new jurisprudence from national and international courts and tribunals. It sheds light on controversial topics like direct participation in hostilities; air and missile warfare; belligerent occupation; operational detention; and the protection of the environment in armed conflict. The book also addresses the growing need to consider the interface between international humanitarian law and human rights, as well as other branches of international law, both during armed conflicts and in post-conflict situations. The commentary both deepens reflection on such innovations, and critically reconsiders views expressed in earlier editions to provide a contemporary analysis of this changing field. Renowned international lawyers offer a broad spectrum of legal opinions, restating the law in this area, which is applicable worldwide. Particular attention is paid to problems of application of the law in recent military campaigns, which are assessed and interpreted in a practice-oriented manner. Based on best-practice rules of global importance, this book gives invaluable guidance to practitioners and scholars of this important body of law.
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.
The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.