Search

Begin New Search Topic International Law Publication Year within 25 Years

461. "Genocide: A Normative Account" by Larry May

Author:
Roger Smith
Publication Date:
10-2010
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
This new book from Larry May is not a study of genocide, but rather an attempt to draw attention to the conceptual and practical difficulties and ''puzzles'' of conceptualizing and prosecuting genocide under international law. May also argues for expanding the list of groups that are protected under international law against genocide to include gender, culture, and language in addition to race, ethnicity, religion, and national origin. The book's central thesis, however, is that genocide is not ''the crime of crimes,'' and that it differs little from various crimes against humanity. May reminds us that under international law genocide does not necessarily even involve killing, and he goes on to ask why it should be regarded as worse than other crimes committed systematically against civilians. Since genocide is about the destruction of groups, not individuals, what is special about groups, and what is the ''unique harm'' that genocide involves as a result of the destruction of a group?
Topic:
International Law
Political Geography:
United States and America

462. Defending the Emergence of the Superior Orders Defense in the Contemporary Context

Author:
Jessica Liang
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The defense of superior orders is one of the most controversial defenses to be pleaded under criminal law. In effect, it condones ignorance of the law and allows a subordinate to escape criminal liability on a basis other than culpability. It may therefore come as a surprise that sixty years after the Nuremberg and Tokyo trials, the resort to superior orders has re-emerged as a complete defense for certain types of crimes. I argue that this defense is based on sound policy reasons of military necessity, and should be made available on the condition that the order is not 'manifestly illegal'. In contrast to blunt absolutist approaches, the manifest illegality doctrine presents the most workable test for distinguishing between the culpability of conduct committed by soldiers in circumstances of exigency. This 'middle-way' successfully balances the dichotomous ends of legality and military efficiency and should be the preferred test under international law.
Topic:
International Law
Political Geography:
Tokyo

463. The Post 9/11 Discourse Revisited - Self-Image on the International Legal Scietific Discipline

Author:
Ulf Linderfalk
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
A few years ago, the legality of Operation Enduring Freedom (OEF) was a topic much discussed in the international legal literature. This article approaches the problem from a new angle. Rather than investigating the relevant issue of legal substance – whether or not OEF was ever consistent with international law – the article focuses attention on the general scholarly performance in dealing with this issue. Scrutinizing the literature published immediately following upon the events of 11 September 2001, the author suggests that overall, the scholarly debate on the legality of OEF did not live up to the standards normally applied in serious legal analysis, and that hence, the debate should be characterized as poor science. The article presents this criticism in further detail. With said criticism as a basis, in a concluding part of this article, the author takes the investigation one step further. As he suggests, when scholars engaged in the post-9/11 discourse, there was something about the whole situation that greatly constrained them. They were obviously hesitant to conclude that in circumstances like those of 9/11, there would still not be any right of self-defense to exercise. So much did they hesitate that they thought the opposite conclusion worth the prize of far-reaching infringements of the most basic of scientific quality standards. Why this hesitation, the article asks. What force or forces are compelling international legal scientists? As the author suggests, this question bears directly on the particular self-image of the legal scientific discipline and the role it envisages for itself in the international community. He concludes the article by initiating a discussion on this very delicate issue specifically, introducing for this purpose a description of the international legal scientist as archetype.
Topic:
International Law

464. Humanitarian Action – A Scope for the Responsibility to Protect: Part II: Responsibility to Protect – A Legal Device Ready for Use?

Author:
Marie-José Domestici-Met
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Throughout three issues of the Goettingen Journal of International Law we are trying and answering the same question: with the recognition of responsibility to protect, is humanitarian action at last guaranteed? Will this concept avoid some avoidable deaths and lack of rescue? Our first issue was devoted to the long quest for a legal regime in favor of humanitarian action effective delivery. After a step by step review of the many solutions which have been tried, the paper ended with the “discovery” of physical protection. After mentioning the Kosovo (and Serbia) air strikes and the 3rd millennium UN field missions, the paper ended with a worrying assessment: no device over the past 150 years has succeeded in guarantying neither assistance' provision nor protection. And we raised the issue of responsibility to protect (R to P) as a possible help to solution. Our today's paper goes down this way.
Topic:
International Law
Political Geography:
Kosovo and Serbia

465. Mobilizing for Human Rights

Publication Date:
10-2010
Content Type:
Video
Institution:
The Harriman Institute
Abstract:
Beth Simmons (Clarence Dillon Professor of International Affair, Harvard University) Discussants: Kenneth Roth (President, Human Rights Watch); Professor Alexander Cooley(Political Science Department, Barnard College).
Topic:
Civil Society, Human Rights, International Law, International Organization, and Treaties and Agreements

466. The Kosovo Advisory Opinion of the International Court of Justice and its Political Consequences

Author:
Pál Dunay and Steven Haines
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
Ever since NATO's Operation Allied Force in 1999 resulted in a withdrawal of Serb forces from Kosovo and the establishment of governance arrangements for the province that included an important external presence (with UN, EU, NATO and OSCE missions) as well as Kosovo's own Provisional Institutions of Self Government, the precise future status of Kosovo has been in doubt. Two extreme options were favoured by Serbia and Kosovo, respectively: either for Kosovo to continue as a part of Serbia or for it to achieve independent status (most likely by attaining statehood). On 17 February 2008, a group of Kosovo leaders issued a Declaration of Independence. Serbia responded with a request that the UN General Assembly seek an opinion on the legality of Kosovo's action from the International Court of Justice (ICJ). The Court delivered its Opinion on 22 July 2010. What did the Court say and what are the political consequences of its Opinion?
Topic:
Conflict Resolution, International Law, and Sovereignty
Political Geography:
Europe, Kosovo, United Nations, and Balkans

467. A Bright Future for International Law?

Author:
Steven Haines
Publication Date:
06-2010
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
During the period of the Bush presidency, from 2001-2009, there was much concern expressed, both domestically within the United States and internationally, about Washington's apparently cavalier attitude towards international law. 1 Much of this – though by no means all – was prompted by the US reaction to the 2001 attacks on New York and Washington (the so-called 'global war on terrorism'), and the decision in 2002/3 to opt for regime change in Iraq. For many commentators it seemed as though US policy in that period provided solid evidence that law within the international system was of little influence in the face of determined power. This perception reflects realist assumptions about the pre-eminence of national interest and power as determinants of policy. Of particular moment is the power of those states that fall within the category of 'great power' – and 'superpower' has a special quality all its own.
Topic:
Economics, International Law, International Affairs, and Power Politics
Political Geography:
United States

468. The Justice Cascade

Publication Date:
10-2010
Content Type:
Video
Institution:
The Harriman Institute
Abstract:
Kathryn Sikkink (Regents Professor and McKnight Presidential Chair in Political Science,University of Minnesota) Discussants: Richard Dicker (Director, International Justice Program, Human RightsWatch); Robert O. Keohane (Professor of Public and International Affairs, PrincetonUniversity, and past president of the American Political Science Association).
Topic:
Civil Society, Human Rights, International Law, and International Affairs

469. In Search of an "Action Principle"

Author:
Patrick J. Glen
Publication Date:
12-2010
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” Kuhn himself analogized his conception of the theory and operation of scientific revolutions to political revolutions, drawing out parallels in genesis, form and function between the two. The notion of revolutionary change, or paradigm shifts, itself provides a useful framework to judge the evolution, current state, and potential future of international human rights and criminal law. Although the analogy must necessarily be incomplete, as is the analogy between scientific and political revolutions, it does go a long way in explaining how the current system of international justice has reached its present state, and what may need to occur before that system can develop further.
Topic:
Crime, Human Rights, Human Welfare, International Law, and Political Theory

470. Human Rights Education in Peace-building: A Look at Where the Practice Has Come from, and Where It Needs to Head

Author:
Tracey Holland
Publication Date:
12-2010
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
The world's peace-building and development organizations increasingly are incorporating human-rights frameworks into the myriad of activities now under their purview. Slower to develop, however, are the capacity-building programs designed to impart knowledge about human rights to citizens and communities. Field-workers throughout the world indicate that the lack of such guidance-giving education hinders them when it comes to monitoring activities, helping to rebuild public institutions, setting up and organizing electoral politics, building an unfettered media, protecting human security, setting up transitional justice mechanisms, and the myriad of other peace-building activities and democratization challenges they face in post-conflict situations. This paper not only explores this emerging field of the study and practice of human-rights education within the cross-national peace-building sphere by sharing the perspectives of educators around the world, but also considers a host of ideas that should help to advance the human-rights agendas of present and future post-conflict planners.
Topic:
Security, Development, Human Rights, Human Welfare, International Law, Peace Studies, and Peacekeeping