Law-Making and Legitimacy in International Humanitarian Law

Law-Making and Legitimacy in International Humanitarian Law
Author: Heike Krieger
Publisher: Edward Elgar Publishing
Total Pages: 488
Release: 2021-10-12
Genre:
ISBN: 9781800883956

Download Law-Making and Legitimacy in International Humanitarian Law Book in PDF, Epub and Kindle

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved. Investigating what law-making processes reveal about the overall state of this legal regime, this thought-provoking book shows that current developments display a far-reaching disagreement about the direction into which IHL should evolve. It explores the most relevant trends in the development of IHL including the absence of formal law-making by states, informal law-making through manual processes and the increasing role of sub and non-state actors. Law-Making and Legitimacy in International Humanitarian Law will be of benefit to scholars and students of international law and relations, as well as practitioners working in the field of IHL, particularly in government ministries, international organizations and NGOs.

Law-Making and Legitimacy in International Humanitarian Law

Law-Making and Legitimacy in International Humanitarian Law
Author: Püschmann, Jonas
Publisher: Edward Elgar Publishing
Total Pages: 488
Release: 2021-10-19
Genre: Political Science
ISBN: 180088396X

Download Law-Making and Legitimacy in International Humanitarian Law Book in PDF, Epub and Kindle

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Compliant Rebels

Compliant Rebels
Author: Hyeran Jo
Publisher: Cambridge University Press
Total Pages: 355
Release: 2015-08-21
Genre: History
ISBN: 1107110041

Download Compliant Rebels Book in PDF, Epub and Kindle

This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.

Non-Binding Norms in International Humanitarian Law

Non-Binding Norms in International Humanitarian Law
Author: Emily Crawford
Publisher: Oxford University Press
Total Pages: 305
Release: 2022-01-22
Genre: Law
ISBN: 0198819854

Download Non-Binding Norms in International Humanitarian Law Book in PDF, Epub and Kindle

This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

Customary International Humanitarian Law

Customary International Humanitarian Law
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
Total Pages: 610
Release: 2005-03-03
Genre: Law
ISBN: 0521808995

Download Customary International Humanitarian Law Book in PDF, Epub and Kindle

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Lawmaking under Pressure

Lawmaking under Pressure
Author: Giovanni Mantilla
Publisher: Cornell University Press
Total Pages: 167
Release: 2020-12-15
Genre: Law
ISBN: 1501752596

Download Lawmaking under Pressure Book in PDF, Epub and Kindle

In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Non-binding Norms in International Humanitarian Law

Non-binding Norms in International Humanitarian Law
Author: Emily Crawford (Writer on international law)
Publisher:
Total Pages:
Release: 2021
Genre: Humanitarian law
ISBN: 9780191860119

Download Non-binding Norms in International Humanitarian Law Book in PDF, Epub and Kindle

This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

International Humanitarian Law and Non-State Actors

International Humanitarian Law and Non-State Actors
Author: Ezequiel Heffes
Publisher: Springer Nature
Total Pages: 451
Release: 2019-11-28
Genre: Law
ISBN: 9462653399

Download International Humanitarian Law and Non-State Actors Book in PDF, Epub and Kindle

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.

Legitimacy and Legality in International Law

Legitimacy and Legality in International Law
Author: Jutta Brunnée
Publisher: Cambridge University Press
Total Pages:
Release: 2010-08-05
Genre: Law
ISBN: 1139491474

Download Legitimacy and Legality in International Law Book in PDF, Epub and Kindle

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Legitimacy, Justice and Public International Law

Legitimacy, Justice and Public International Law
Author: Lukas H. Meyer
Publisher: Cambridge University Press
Total Pages: 333
Release: 2009-11-12
Genre: Law
ISBN: 0521199492

Download Legitimacy, Justice and Public International Law Book in PDF, Epub and Kindle

"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.