Suchergebnisse

Intro -- Table of Contents -- Preface -- Part A: General Perspectives -- Chapter 1: Cultural and Ideological Pluralism in Public International Law -- Chapter 2: Making International Law Matter -- Chapter 3: International Lawyers: A Vision for the New Century -- Chapter 4: Emerging Dimensions of Sovereignty in International Law -- Chapter 5: International Law and the Global Marketplace -- Chapter 6: Private International Law and Public International Law: The Increasing Linkage -- Chapter 7: Widening the Conceptual Framework -- Part B: Sources of International Law -- Chapter 8: Custom: The Growing Role of Customary International Law -- Chapter 9: General Principles of Law: Equity in a Global Context -- Chapter 10: Treaties: Humanitarian Treaties and State Succession -- Part C: International Law and Universal Peace -- Chapter 11: Philosophical Perspectives on Peace -- Chapter 12: Religious Perspectives on Peace -- Chapter 13: Practical Steps towards Education for Peace -- Chapter 14: International Law as an Instrument of Peace -- Part D: Specific Fields -- Chapter 15: Sustainable Development Law -- Chapter 16: Environmental Law -- Chapter 17: Nuclear Weapons Law -- a) Illegality of Use -- b) Illegality of Manufacture -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- X -- Y -- Z.

311Jurisdiction — Extraterritorial jurisdiction — Canadian Charter of Rights and Freedoms — Whether having extraterritorial application — Whether Charter applying during armed conflict in Afghanistan to detention of non-Canadians by Canadian Forces or their transfer to Afghan authorities — Section 32(1) of Charter — Interpretation of jurisdictional reach by courts — Judgments of Supreme Court — Hape — Khadr (No 1) — Whether Canada having effective control of detention facilities — Whether Afghanistan consenting to application or enforcement of Canadian law — Afghan compact — Applicable law — International law — International humanitarian law — Whether Charter applying if detainees at substantial risk of torture if transferred to Afghan authorities — General rule against extraterritorial application of Charter — Whether fundamental human rights exception to general rule — Concepts of territoriality and comity — Relevance of all circumstancesHuman rights — Freedom from torture — Non-Canadian nationals detained by Canadian Forces in Afghanistan during armed conflict — Canadian Charter of Rights and Freedoms — Whether applicable if detainees at substantial risk of torture if transferred to Afghan authorities — General rule against extraterritorial application of Charter — Whether fundamental human rights exception to general rule — Whether detainees having rights under Charter — Applicable law — International humanitarian law — Afghan ConstitutionTerritory — Territorial sovereignty — Armed conflict in Afghanistan — Detention of non-Canadians by Canadian Forces — Whether Canadian Forces' authorities having effective control of detention facilities — Banković — Canadian Forces in Afghanistan at request of Afghan Government — Whether Afghanistan consenting to extension of Canadian law over non-Canadian nationals — Afghan Compact — Whether Canadian Charter of Rights and Freedoms having extraterritorial applicationWar and armed conflict — Armed conflict in Afghanistan — Detention of non-Canadians by Canadian Forces — Law applicable to detainees — Whether Afghanistan consenting to extension of Canadian law over non-Canadian nationals — Whether Canadian Forces occupying force — Whether Canadian Forces' authorities having effective control of detention facilities — Banković — Afghan Compact — International humanitarian law — Applicability of Canadian Charter of Rights and Freedoms — The law of Canada

Examines what the crisis in the Darfur region of Sudan reveals about changes in the norm of humanitarian intervention since the 2003 war in Iraq. The focus is on whether humanitarian intervention is recognized as a responsibility to protect civilians at risk or if it has become a "Trojan horse" used by the powerful to legitimize interference in weak states. The impact of the so-called war on terror & the invasion of Iraq on the norm of humanitarian intervention is explored, along with the mass killing & ethnic cleansing that have been carried out in Darfur by the Sudanese government; & the response of the international community & the African Union to that crisis. It is argued that debates about Darfur have revealed that the Iraq war has undermined the status of the US & the UK as norm bearers; & the prime "responsibility to protect" has shifted away from international bodies & toward individual states. The implications for the humanitarian intervention norm are discussed. J. Lindroth

This article examines the question of command responsibility for war crimes under international and Australian law, and how far such responsibility extends. It uses the results of the Brereton Report, an Australian investigation into alleged crimes committed by its special forces in Afghanistan, as its starting point. While this is very much an Australian case study, the concerns it raises should be of interest to all professional militaries. The article also provides an important case study of the implications when national legal standards adopted for war crimes prosecutions differ from the provisions of international law.

424 International criminal law — Universal jurisdiction — War crimes — Whether exercise of universal jurisdiction mandatory in respect of war crimesWar and armed conflict — International humanitarian law — Nature of conduct amounting to war crimes — Whether technical legal issues assuming constitutional dimension in context of war crimes — Whether State having a duty to prosecute war crimes — Whether person accused of war crimes remaining entitled to constitutional rights — The law of South Africa

This text is a review of the book by Jovana Kolarić, Dossier: 43rd Motorized Brigade of the VRS in Prijedor, Humanitarian Law Center, Belgrade, 2021.

Intro -- Roscoe Pound, The Ideal Element of Law -- Front Matter -- Title Page -- Copyright Details -- Table of Contens, p. v -- Foreword, p. vii -- Table of Cases, p. xix -- The Ideal Element in Law -- 1. Is There an Ideal Element in Law?, p. 1 -- 2. Natural Law, p. 32 -- 3. Law and Morals, p. 66 -- 4. Rights, Interests, and Values, p. 109 -- 5. The End of Law: Maintaining the Social Status Quo, p. 140 -- 6. Promotion of Free Self-Assertion: 1. The Sixteenth to the Eighteenth Century, p. 171 -- 7. Promotion of Free Self-Assertion, p. 200 -- 8. Maintaining and Furthering Civilization, p. 230 -- 9. Class Interest and Economic Pressure: The Marxian Interpretation, p. 257 -- 10. Later Forms of Juristic Realism, p. 288 -- 11. The Humanitarian Idea, p. 321 -- 12. The Authoritarian Idea, p. 348 -- Epilogue, p. 371 -- Glossary, p. 375 -- Bibliography of Works Cited, p. 387 -- Index, p. 415.