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The End of Reciprocity

The End of Reciprocity Author Mark Osiel
ISBN-10 9780521513517
Release 2009-03-09
Pages 667
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This book examines reciprocity between asymmetrical sides in war and conflict.

Reciprocity in International Law

Reciprocity in International Law Author Shahrad Nasrolahi Fard
ISBN-10 9781317312192
Release 2015-12-22
Pages 178
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In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

Institutionalizing State Responsibility

Institutionalizing State Responsibility Author Vincent-Joël Proulx
ISBN-10 9780199680399
Release 2016-05-01
Pages 400
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Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defense and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.

Counterinsurgency Law

Counterinsurgency Law Author William Banks
ISBN-10 9780199311460
Release 2013-01-22
Pages 310
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In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.

Atrocity Punishment and International Law

Atrocity  Punishment  and International Law Author Mark A. Drumbl
ISBN-10 9781139464567
Release 2007-04-30
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This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

The British National Bibliography

The British National Bibliography Author Arthur James Wells
ISBN-10 STANFORD:36105211722686
Release 2009
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The British National Bibliography has been writing in one form or another for most of life. You can find so many inspiration from The British National Bibliography also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The British National Bibliography book for free.

The Terror Courts

The Terror Courts Author Jess Bravin
ISBN-10 9780300189209
Release 2013-02-19
Pages 448
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Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the Wall Street Journal's Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice—issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values. While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo—and vindicate the legal experiment the Bush administration could barely get off the ground—The Terror Courts could not be more timely.

Making Sense of Mass Atrocity

Making Sense of Mass Atrocity Author Mark Osiel
ISBN-10 9780521861854
Release 2009-07-31
Pages 257
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This book trenchantly diagnoses the law's limits in making sense of mass atrocity.

Mass Atrocity Collective Memory and the Law

Mass Atrocity  Collective Memory  and the Law Author Michael Curtis
ISBN-10 9781351506670
Release 2017-07-12
Pages 317
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Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.

Ius in bello

Ius in bello Author Robert Kolb
ISBN-10 STANFORD:36105134494462
Release 2009
Pages 551
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Ce précis traite d'une branche du droit international public de grande actualité, à savoir des règles sur la conduite des hostilités et sur le traitement des personnes protégées lors d'un conflit armé, international ou non international. Cette deuxième édition constitue une mise à jour et un développement conséquent de la première. Le précis est destiné à quiconque cherche à approfondir ses connaissances en la matière, même s'il s'adresse en premier lieu à des juristes. Le phénomène des règles de droit applicables dans la guerre (le ius in Bello) est abordé dans toutes ses dimensions: aspect historique, applicabilité du droit, sources et principes fondateurs du droit des conflits armés, règles sur la conduite des hostilités militaires, sur les personnes hors de combat, sur les conflits armés non internationaux, sur la mise en oeuvre du droit international humanitaire. Sont également étudiés la question des territoires occupés, les emblèmes protecteurs, l'action du Comité international de la Croix-Rouge et la neutralité. Ainsi, ce livre forme un complément aux deux autres Précis du même auteur: le "Ius contra bellum", qui traite du droit international relatif au maintien de la paix, et le "Droit international pénal", qui traite de la sanction pénale au niveau international.

The Battle of the Casbah

The Battle of the Casbah Author General Paul Aussaresses
ISBN-10 0982491115
Release 2004-02-01
Pages 206
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This book is particularly relevant to the current debate on terrorism. That story constitutes the main part of this book. It details the methods used, including torture and summary executions, and the results obtained by the paratrooper commando units led

Intervention Terrorism and Torture

Intervention  Terrorism  and Torture Author Steven P. Lee
ISBN-10 9781402046780
Release 2006-11-22
Pages 323
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This book asks whether just war theory and its rules for determining when war is justified remains adequate to the challenges posed by contemporary developments. Some argue that the nature of contemporary war makes these rules obsolete. By carefully examining the phenomena of intervention, terrorism, and torture from a number of different perspectives, the essays in this book explore this complex set of issues with insight and clarity.

The Torture Debate in America

The Torture Debate in America Author Karen J. Greenberg
ISBN-10 0521674611
Release 2006
Pages 414
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As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays.

The Islamic Law of War

The Islamic Law of War Author A. Al-Dawoody
ISBN-10 9780230118089
Release 2011-03-28
Pages 338
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Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.

Moral Dilemmas of Modern War

Moral Dilemmas of Modern War Author Michael L. Gross
ISBN-10 9780521866156
Release 2010
Pages 321
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Asymmetric conflict is changing the way that we practice and think about war. Torture, rendition, assassination, blackmail, extortion, direct attacks on civilians, and chemical weapons are all finding their way to the battlefield despite long-standing prohibitions. This book offers a practical guide for policymakers, military officers, lawyers, students, journalists and others who ask how to adapt the laws and conventions of war to the changing demands of asymmetric conflict. As war wages between state and nonstate parties, difficult questions arise about the status of guerrillas, the methods each side may use to disable the other and the means necessary to identify and protect civilians caught in the crossfire. Answering these questions while providing each side a reasonable chance to press its claims by force of arms requires us to reevaluate the principle of noncombatant immunity, adjust the standards of proportionality, and redefine the limits of unnecessary suffering and superfluous injury. In doing so, many practices that conventional war prohibits are slowly evolving into new norms of asymmetric conflict.

How to Break a Terrorist

How to Break a Terrorist Author Matthew Alexander
ISBN-10 9781416573401
Release 2008-12-02
Pages 352
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Finding Abu Musab al Zarqawi, the leader of Al Qaeda in Iraq, had long been the U.S. military's top priority -- trumping even the search for Osama bin Laden. No brutality was spared in trying to squeeze intelligence from Zarqawi's suspected associates. But these "force on force" techniques yielded exactly nothing, and, in the wake of the Abu Ghraib scandal, the military rushed a new breed of interrogator to Iraq. Matthew Alexander, a former criminal investigator and head of a handpicked interrogation team, gives us the first inside look at the U.S. military's attempt at more civilized interrogation techniques -- and their astounding success. The intelligence coup that enabled the June 7, 2006, air strike onZarqawi's rural safe house was the result of several keenly strategized interrogations, none of which involved torture or even "control" tactics. Matthew and his team decided instead to get to know their opponents. Who were these monsters? Who were they working for? What were they trying to protect? Every day the "'gators" matched wits with a rogues' gallery of suspects brought in by Special Forces ("door kickers"): egomaniacs, bloodthirsty adolescents, opportunistic stereo repairmen, Sunni clerics horrified by the sectarian bloodbath, Al Qaeda fanatics, and good people in the wrong place at the wrong time. With most prisoners, negotiation was possible and psychological manipulation stunningly effective. But Matthew's commitment to cracking the case with these methods sometimes isolated his superiors and put his own career at risk. This account is an unputdownable thriller -- more of a psychological suspense story than a war memoir. And indeed, the story reaches far past the current conflict in Iraq with a reminder that we don't have to become our enemy to defeat him. Matthew Alexander and his ilk, subtle enough and flexible enough to adapt to the challenges of modern, asymmetrical warfare, have proved to be our best weapons against terrorists all over the world.

International Law

International Law Author Antonio Cassese
ISBN-10 0198299982
Release 2001
Pages 469
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16. Protection of human rights