Suchergebnisse

Intro -- Foreword -- Acknowledgments -- Contents -- Introduction -- Reference -- Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human Security -- 1 Introduction -- 2 Nonstate Armed Actors (NSAAS) in the ``New´´ Armed Conflicts -- 3 The Afghan Case: A Fragmented and Violent Environment -- 3.1 The Weakness of the Afghan State After Decades of Conflict -- 3.2 Specific Features of the Afghan Armed Conflict: Asymmetric Warfare -- 3.3 NSAAs in Afghanistan -- 3.3.1 Progovernment Groups -- 3.3.2 Militias, Paramilitaries, and Auxiliary Police Forces -- 3.3.3 PMSCs and the Afghan Public Protection Force (APPF) -- 3.4 Insurgents -- 4 The Syrian Case: Anarchic War and Sectarianism -- 4.1 Specific Features of the Syrian Armed Conflict: The War of All Against All -- 4.2 NSAAs in Syria -- 4.2.1 Militias -- 4.2.2 Mercenaries and PMSCs -- 4.2.3 Foreign Combatants/Terrorists -- 5 Implications for Human Security (HS) -- 6 Conclusions -- References -- Delimitation and Presence of PMSCs: Impact on Human Rights -- 1 Introduction -- 2 The Rise of PMSCs: Keys to Understanding the Industry´s Development -- 3 Delimitation and Presence of PMSCs -- 3.1 Home and Contracting Countries -- 3.2 Services -- 3.3 Territorial Countries -- 3.4 Operational Contexts -- 4 Impact on Human Rights -- 4.1 Main Trends in PMSCs´ Impact on Human Rights -- 4.2 Analysis by Operational Context -- 4.2.1 Occupations -- 4.2.2 Critical and Strategic Infrastructure -- 4.2.3 Logistics Convoys and/or Escorts -- 4.2.4 Extractive Industry Projects -- 4.2.5 Prisons -- 4.2.6 Borders and Immigration Control -- 4.2.7 Homeland Security -- 5 Conclusions -- References -- The Ineffectiveness of the Current Definition of a ``Mercenary´´ in International Humanitarian and Criminal Law -- 1 The Evolution of Mercenarism and the Development of International Norms 1950-2016

Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This book brings significant new insight to the question of whether and when armed groups are bound by human rights law.

With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.

International organizations are becoming increasingly powerful. Today, they affect the lives of individuals across the globe through their decisions and conduct. Consequently, international organizations are more capable of violating the human rights of individuals. But how can they be held to account for such violations? This book studies the procedural mechanisms that may hold international organizations to account for their human rights violations. It establishes a general framework for identifying, analyzing, and assessing the accountability mechanisms of international organizations. This general framework is then applied to three distinct cases: the EU's Common Security and Defence Policy missions, refugee camp administration by the UNHCR, and detention by the International Criminal Court. The overall conclusion is that none of the existing accountability mechanisms across the three cases fulfill the normative requirements set out in the general framework. However, there are significant variations between cases, and between different types of accountability mechanisms.

International organizations are becoming increasingly powerful. Today, they affect the lives of individuals across the globe through their decisions and conduct. Consequently, international organizations are more capable of violating the human rights of individuals. But how can they be held to account for such violations? This book studies the procedural mechanisms that may hold international organizations to account for their human rights violations. It establishes a general framework for identifying, analyzing, and assessing the accountability mechanisms of international organizations. This general framework is then applied to three distinct cases: the EU's Common Security and Defence Policy missions, refugee camp administration by the UNHCR, and detention by the International Criminal Court. The overall conclusion is that none of the existing accountability mechanisms across the three cases fulfill the normative requirements set out in the general framework. However, there are significant variations between cases, and between different types of accountability mechanisms

International organizations are becoming increasingly powerful. Today, they affect the lives of individuals across the globe through their decisions and conduct. Consequently, international organizations are more capable of violating the human rights of individuals. But how can they be held to account for such violations? This book studies the procedural mechanisms that may hold international organizations to account for their human rights violations. It establishes a general framework for identifying, analyzing, and assessing the accountability mechanisms of international organizations. This general framework is then applied to three distinct cases: the EU's Common Security and Defence Policy missions, refugee camp administration by the UNHCR, and detention by the International Criminal Court. The overall conclusion is that none of the existing accountability mechanisms across the three cases fulfill the normative requirements set out in the general framework. However, there are significant variations between cases, and between different types of accountability mechanisms.

Introduction -- The tort framework -- A tort-based approach to human rights damages -- The public law-private law distinction -- Human rights damages and "just satisfaction" : the "mirror" approach -- Interest-balancing approaches -- Other methods of limiting human rights damages -- Conclusion.

The global business environment has changed rapidly in the past decades, but the human rights and business discourse has often lagged behind. At the international level, hard law regulations still seem decades away. United Nations initiatives such as the Guiding Principles and the UN Working Group on the issue of human rights and transnational corporations and other business enterprises are more than a step in the right direction. However, they alone are insufficient to prevent violations and ensure victims receive justice. This edited book uses a broad and pluralistic understanding of direct human rights obligations, concentrating on legally enforceable standards. The enforceability can come directly from international law, through national legislation, or through non-state actors. The contributions engage both with the law as it is as well as the law as it needs to be developed. In doing so, the book challenges the current reticence to recognise direct human rights obligations of corporations by highlighting the various tools already available for remedying corporate human rights impacts while pushing for the development of further mechanisms

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

"Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court."--Bloomsbury Publishing

This edited collection provides a thorough review of multinational human rights litigation from some of the top practitioners in the field. It provides useful guidance on the relevant laws, procedures, and practical considerations for such litigation in a number of legal systems, including the UK, US, South Africa, and Australia.