Internal conflicts: The UN response
In: Pacifica review: peace, security and global change, Band 11, Heft 3, S. 329-332
ISSN: 1469-9974
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In: Pacifica review: peace, security and global change, Band 11, Heft 3, S. 329-332
ISSN: 1469-9974
In: The round table: the Commonwealth journal of international affairs, Heft 347, S. 383-384
ISSN: 0035-8533
McCormack reviews 'The Law of International Organisations' by N. D. White.
In: Proceedings of the annual meeting / American Society of International Law, Band 88, S. 233-235
ISSN: 2169-1118
In: The Australian yearbook of international law, Band 14, Heft 1, S. 157-178
ISSN: 2666-0229
Efforts to moderate conflict are as old as conflict itself. Throughout the ages, restraint in warfare has been informed by religious and ethical considerations, chivalry and class, and, increasingly since the mid-19th century, a body of customary and treaty law variously referred to as the laws of war, the law of armed conflict (LOAC) or international humanitarian law (IHL). As they evolved from the mid-19th century, these laws were increasingly underpinned by humanitarianism, then in the mid-20th century, were assumed to be universal. But violations of these restraints are also as old as conflict itself. The history of conflict is replete with examples of exclusions from protections designed to moderate warfare. This edited volume explores the degree to which protections in modern warfare might be informed by notions of 'civility' and 'barbarism', or, to put it another way, asks if only those deemed to be civilised are afforded protections prescribed by the laws of war?
In: Routledge research in the law of armed conflict
In: Routledge Research in the Law of Armed Conflict Ser.
International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore
In: Routledge handbooks
In: Routledge handbooks
"The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals, Part II: Principle of distinction, Part III: Means and methods of warfare, Part IV: Special protection regimes, Part V: Compliance and enforcement, Part VI: Some contemporary issues. Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field"--Unedited summary from book cover
In: Routledge research in the law of armed conflict
International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore.
In: International humanitarian law series
In: Nijhoff eBook titles 2008
Preliminary Material /David a. Blumenthal and Timothy L.H. McCormack -- Chapter 1. The Atmospherics of the Nuremberg Trial /William Maley -- Chapter 2. The Nuremberg Tribunal and German Society: International Justice and Local Judgment in Post-Conflict Reconstruction /Susanne Karstedt -- Chapter 3. The Importance of a Retributive Approach to Justice /Graham T. Blewitt -- Chapter 4. Investigating International Crimes: a Review of International Law Enforcement Strategies Expediency v Effectiveness /John H. Ralston and Sarah Finnin -- Chapter 5. Justice Betrayed: Post-1945 Responses to Genocide /Mark Aarons -- Chapter 6. Contributions of the Nuremberg Trial to the Subsequent Development of International Law by and /Michael J. Kelly and Timothy L.H. McCormack -- Chapter 7. The Crime of Aggression: Born of the Failure of Collective Security Still Shackled to Its Fate? Time to Catch up or Part Ways /Carrie McDougall -- Chapter 8. Evaluating Timor Leste's Reception, Truth and Reconciliation Commission /Annemarie Devereux and Lia Kent -- Chapter 9. Different Models of Tribunals /Madelaine Chiam -- Chapter 10. The Operations of the International Criminal Court a Brief Overview and First Impressions /Geoffrey Skillen -- Chapter 11. Australia's Prosecution of Japanese War Criminals: Stimuli and Constraints /Michael Carrel -- Chapter 12. Excluding the Undesirable: Interpreting Article 1F(a) of the Refugee Convention in Australia /Alison Duxbury -- Chapter 13. Australian Implementation of the Rome Statute of the International Criminal Court /David Blumenthal.
In: International Humanitarian Law Ser.
Intro -- Title Page -- Copyright Page -- Table of Contents -- Foreword -- Editors' Preface -- Acknowledgements -- Notes on Contributors -- PART I: OVERVIEW -- Chapter 1. A Critique of the Additional Protocols to the Geneva Conventions of 1949 -- 1. Introduction -- 2. The 1974-77 Negotiations and their Background -- 3. The Balance Sheet -- 3.1 Achievements of the Additional Protocols -- 3.2 Grounds for Criticism -- 4. Conclusion -- PART II: INCREASING PROTECTION FOR VICTIMS OF ARMED CONFLICT -- Chapter 2. Women: The Forgotten Victims of Armed Conflict? -- 1. Introduction -- 2. Sexual Assault in the Tribunals for the Former Yugoslavia and Rwanda -- 2.1 Jurisdiction -- 2.2 Prosecution Policy -- 2.3 Rules of Procedure and Evidence -- 2.4 Trial Process -- 3. Do Women Remain the Forgotten Victims of War? -- Chapter 3. Minorities: Their Protection in General International Law and in International Humanitarian Law -- 1. The Two Worlds of International Law and their Challenge by the Minority Question -- 2. Status of Minorities under General International Law -- 2.1 The Law as it Stands -- 2.2 Institutions in Need of Evolution: Designs for New Concepts -- 3. Status of Minorities in International Humanitarian Law -- 3.1 The Law as it Stands -- 3.2 A Continuum with Elements in Need of Preservation and Adaptation -- 4. Conclusion: The Two Worlds Reconsidered -- 4.1 Human Rights Law and Humanitarian Law -- 4.2 Guiding Capacity of International Law? -- PART III: CONTROLLING THE WEAPONS OF WAR -- Chapter 4. The Relationship Between International Humanitarian Law and Arms Control -- 1. Introduction -- 2. International Humanitarian Law and the Regulation of Weapons -- 2.1 Early Development of International Humanitarian Law Principles -- 2.2 Contemporary General Principles of International Humanitarian Law.
The general course in Public International Law has not traditionally been considered a "black letter law" subject along the lines of the legislation and case law based domestic law subjects in most Australian Law School curricula. Despite the general acceptance among international law educators that international law is much more than simply a set of rules, teaching methods in the subject, at least in Australia, have rarely focused on the actual practices of international law, particularly the peculiarities of the process of international law making. Indeed, a clinical international legal education program has yet to be developed anywhere in Australia. This lack of attention to teaching about the making of international law poses a particular problem in the area of multilateral treaty making. Treaties are one of the four major formal sources of international law and, increasingly, are seen as the most significant component of the international legal order. An understanding of the principles of treaty law is fundamental to any analysis of the substantive provisions of an individual treaty and therefore indispensable to any student of international law. Yet, the methods and processes by which treaties emerge remains relatively unexplored in the discipline. This can be contrasted with scholarly activity in domestic law where "emergence studies" into national legislation is a thriving field.
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In: Contemporary security policy, Band 16, Heft 3, S. 396-420
ISSN: 1743-8764
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 42, Heft 2, S. 177
ISSN: 1741-6191