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Might Make Rights?: Building the Rule of Law after Military Interventions (Hardcover), by Jane Stromseth, David
Wippman and Rosa Brooks. Cambridge University Press (October 2, 2006).
This book looks at why it's so difficult
to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and
offers critical insights into how policy-makers and field-workers can improve future rule
of law efforts. A must-read for policy-makers, field-workers, journalists and students
trying to make sense of the international community's problems in Iraq and elsewhere, this
book shows how a narrow focus on building institutions such as courts and legislatures
misses the more complex cultural issues that affect societal commitment to the values
associated with the rule of law. The authors place the rule of law in context, showing the
interconnectedness between the rule of law and other post-conflict priorities, such as
reestablishing security. The authors outline a pragmatic, synergistic approach to the rule
of law which promises to reinvigorate debates about transitions to democracy and
post-conflict reconstruction. Information
Customary International Humanitarian Law: Volume
2, Practice, Parts 1 and 2 (Hardcover), by Carolin Alvermann, Angela Cotroneo, Antoine
Grand Baptiste Rolle (Contributors), Jean-Marie Henckaerts and Louise Doswald-Beck
(Editors). Cambridge University Press (March 21, 2005).
In 1995, the International Committee of
the Red Cross, along with a range of renowned experts, embarked upon a major international
study into current state practice in humanitarian law in order to identify customary law
in this area. This book (and its companion, Volume 1: Rules) is the result of that study.
Volume 2 contains a summary of the relevant treaty law, international case-law and
relevant state practice including legislation, military manuals, case-law, official
statements, and official military practice for each aspect of humanitarian law. Information
European Military Law Systems (Hardcover), by
Georg Nolte (Editor). Walter de Gruyter (June 2003). Information
Evolving Military Justice (Hardcover), by Eugene
R. Fidell and Dwight H. Sullivan (Editors). US Naval Institute Press (June 15, 2002).
The book scrutinizes the current military
justice system, identifying its strengths and weaknesses and pointing the way toward
further improvements. Included are essays written about the American military justice
system over the past decade by such notable authorities as Sam Nunn, former Senator from
Georgia; Andrew S. Effron, Judge of the United States Court of Appeals for the Armed
Forces; and Brig. Gen. Jerry S.T. Pitzul, Judge Advocate General of the Canadian Forces.
Some defend military justice, while others are critical. The book then shifts its focus
overseas to compare the U.S. system with those of several other common law countries.
Designed to provoke thought about military justice among military justice practitioners
and military line officers alike, the book is introduced with an essay by William K.
Suter, Clerk of the U.S. Supreme court. Information
Extraordinary Justice: Military Tribunals in
Historical and International Context (Hardcover), by Peter Richards. NYU Press (June
1, 2007).
At this critical moment in time,
Extraordinary Justice seeks to fill an important gap in our understanding of what military
tribunals are, how they function, and how successful they are in administering justice by
placing them in comparative and historical context. Peter Judson Richards examines
tribunals in four modern conflicts: the American Civil War, the British experience in the
Boer War, the French tribunals of the "Great War," and allied practices during
the Second World War. Richards also examines the larger context of specific political,
legal and military concerns, addressing scholarly and policy debates that continually
arise in connection with the implementation of these extraordinary measures. He concludes
that while the record of the national tribunals has been mixed, enduring elements in the
character of warfare, of justice, and the nature of political reality together justify
their continued use in certain situations. Information
From 9-11 to the Iraq War 2003: International
Law in an Age of Complexity
(Paperback), by Dominic McGoldrick. Hart Publishing (UK) (July 30, 2004). Information
International Law and International Security: Military
and Political Dimensions : A U.S.-Soviet Dialogue (US-Post-Soviet Dialogues)
(Hardcover), by Paul B. Stephan (Author), Boris M. Klimenko (Editor). M E Sharpe Inc
(August 1992). Information
International Law
Reports: Volume 133 (International Law Reports) (Hardcover), by Karen Lee (Assistant),
Elihu Lauterpacht, Christopher J. Greenwood, Andrew Oppenheimer (Editors). Cambridge
University Press; 1 edition (June 30, 2008).
The International Law Reports is the only
publication in the world wholly devoted to the regular and systematic reporting in English
of decisions of international courts and arbitrators as well as judgments of national
courts. Volume 133 reports on, amongst others, the 2007 decision of the European Court of
Human Rights in Behrami and Saramati, the judgment of the Court of Appeal of Singapore in
CAA v. Singapore Airlines and the related Canadian decision, and the English decisions of
the High Court, Court of Appeal and House of Lords in Al-Skeini. Information
Law, War & Crime: War Crimes, Trials and the
Reinvention of International Law (Hardcover), by Gerry J. Simpson.
Polity; 1 edition (October 15, 2007).
From events at Nuremberg and Tokyo after
World War II, to the recent trials of Slobodan Miloaevi and Saddam Hussein, war crimes
trials are an increasingly pervasive feature of the aftermath of conflict. In his new
book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials,
and places them in their broader political and cultural contexts. The book traces the
development of the war crimes field from its origins in the outlawing of piracy to its
contemporary manifestation in the establishment of the International Criminal Court in The
Hague.
Simpson argues that the field of war crimes is
constituted by a number of tensions between, for example, politics and law; local justice
and cosmopolitan reckoning; collective guilt and individual responsibility; and between
the instinct that war, at worst, is an error, and the conviction that war is a crime.
Written in the wake of an extraordinary period in the life of the law, the book asks a
number of critical questions. What does it mean to talk about war in the language of the
criminal law? What are the consequences of seeking to criminalise the conduct of one's
enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass
atrocity and defeated enemies come into existence? This book seeks to answer these
important questions whilst shedding new light on the complex relationship between law, war
and crime. Information
Principles of International Law (Concise Hornbook
Series) (Paperback), by Sean D. Murphy. Thomson West; 1 edition (February 23, 2006).
This volume provides a comprehensive and
up-to-date survey of public international law, with useful references throughout to
classic and contemporary cases and scholarship. It is designed as a stand-alone text or as
a complement to any of the major casebooks on the topic. The first section of the book
addresses the fundamental history and structure of international law; the second section
focuses on the interface of international law and national law; and the final section
presents the treaties and rules that comprise the major fields of international law: human
rights, law of the sea, international environmental law, and more. Information
The Globalization of International Law (The
International Library of Essays on Globalization and Law) (Hardcover), by Paul Schiff
Berman (Editor). Ashgate Publishing (December 30, 2005). Information
The Legitimate Use of Military Force (Justice,
International Law and Global Security) (Hardcover), by Howard M. Hensel (Editor). Ashgate
(February 19, 2008). Information
The Prohibition of
Propaganda for War in International Law (Hardcover), by Michael Kearney. Oxford University
Press, USA (January 6, 2008).
Drawing on primary materials from the League
of Nations to the Rome Statute of the International Criminal Court, this book makes the
case for the revitalization of a provision of international law which can be fundamental
to the prevention of war. The book examines international human rights law, the travaux
preparatoires to the International Covenant on Civil and Political Rights, communications
between the Human Rights Committee and states parties to the Covenant, state practice, and
international criminal law. Drawing on the manner by which international tribunals from Nuremberg
to The Hague have approached the matter of individual criminal responsibility for
'incitement to crimes of an international dimension', the book proposes that 'direct and
public incitement to aggression' be included as a crime in the Rome Statute of the
International Criminal Court. Information
War Law: Understanding International Law and
Armed Conflict (Paperback),
by Michael Byers. Grove Press (March 1, 2007).
When President Bush insists our military
forces have acted in accordance with international law, many other nations disagree. This
happens so often that observers may wonder: exactly what laws are they arguing about? To
readers willing to put in the work, this dense book provides the answers. According to
Byers (The Role of Law in International Politics), laws governing war have existed since
the 19th century, but nations freely disregarded them until the adoption of the U.N.
Charter in 1945. The charter itself, however, is still subject to interpretation. When
Israeli planes bombed an Iraqi nuclear facility in 1981, for example, the U.S. insisted
that pre-emptive self-defense was not sanctioned. By 2003, America had changed its mind.
Byers devotes three chapters to the complicated issue of self-defense, and another three
to the equally contentious issue of humanitarian intervention: i.e., whether it's okay to
invade a nation to stop it from committing unspeakable acts, such as genocide, or to bring
democracy to its people. A final chapter attacks recent U.S. foreign policy, which, Byers
argues, places American interests above international law and returns the world to the
pre-1945 era when powerful nations routinely threw their weight around the globe, often
with terrible consequences. Information
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