Hamas The Gaza War And Accountability Under International Law
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Hamas The Gaza War And Accountability Under International Law
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Author :
language : en
Publisher: Jerusalem Ctr Public Affairs
Release Date : 2011
Hamas The Gaza War And Accountability Under International Law written by and has been published by Jerusalem Ctr Public Affairs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Arab-Israeli conflict categories.
This monograph, based on updated proceedings of the Jerusalem Center's Global Law Forum conference, critically examines the laws of war, as well as their application to Hamas and its supporters and allies. It aims to produce workable suggestions for increasing legal accountability for Hamas and other similar non-state violators of international law in the age of terrorism, with contributions by Yaakov Amidror, George P. Fletcher, Dore Gold, Lars Hänsel, Sigall Horovitz, Richard Kemp, Gil Limon, Daniel Reisner, Roy S. Schondorf, Pnina Sharvit-Baruch, and Gerald Steinberg.
Is There A Court For Gaza
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Author : Chantal Meloni
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-03-16
Is There A Court For Gaza written by Chantal Meloni and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-16 with Law categories.
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Is There A Court For Gaza
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Author :
language : en
Publisher: Springer
Release Date : 2012-03-21
Is There A Court For Gaza written by and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-21 with categories.
Charting A New Course
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Author : Grazia Careccia
language : en
Publisher:
Release Date : 2015
Charting A New Course written by Grazia Careccia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Humanitarian assistance categories.
In 2014, after unprecedented destruction and suffering in Gaza, international donors pledged $3.5bn and a change in approach. Six months later, reconstruction and recovery have barely begun, there has been no accountability for violations of international law, and Gaza remains cut off from the West Bank. This paper outlines an achievable course of action that, if implemented, could make significant progress in addressing the root causes of the recurrent conflict and towards the realization of a just, durable peace that would benefit Israelis and Palestinians alike. By directly addressing the different actors that have distinct responsibilities towards Gaza, from Israel and the international community to the Palestinian Authority and Hamas, the signatories to this report outline what each party can and must do to end the conflict and ensure Palestinians in Gaza can realize their rights. It is time for these actors to work together effectively to change the course for Gaza before it is too late.
Law Politics And Violence In Israel Palestine
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Author : Maayan Geva
language : en
Publisher: Springer
Release Date : 2016-11-15
Law Politics And Violence In Israel Palestine written by Maayan Geva and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-15 with Political Science categories.
This book investigates the Israeli engagement with international law in relation to the Occupied Palestinian Territories (OPT) between 1967 and 2009. Grounded in a field-based study of the military International Law Department, it examines the dynamic position and impact that international law has had in the OPT. By analysing the Israeli 2008/9 offensive in Gaza as an example of contemporary warfare, the author argues that law and military agenda have become intertwined in ‘lawfare’, a condition sanctioning new forms of law and violence. The military legal system is central to the Israeli management of the OPT, yet despite the great interest in the legal aspects of the Israeli occupation, scholarly accounts of this institution are scarce. This discussion also has wider international relevance, particularly in the backdrop of the contemporary prominence of international law in Western militaries’ operations. This book will appeal to researchers, practitioners and students interested in international relations, political theory, human rights, Middle Eastern politics, and legal studies.
Justice In Conflict
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Author : Mark Kersten
language : en
Publisher: Oxford University Press
Release Date : 2016-08-04
Justice In Conflict written by Mark Kersten and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-04 with Law categories.
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Revisiting The Law Of Occupation
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Author : Hanne Cuyckens
language : en
Publisher: BRILL
Release Date : 2017-10-30
Revisiting The Law Of Occupation written by Hanne Cuyckens and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-30 with Law categories.
In 'Revisiting the Law of Occupation', Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
New Battlefields Old Laws
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Author : William C. Banks
language : en
Publisher: Columbia University Press
Release Date : 2011-10-25
New Battlefields Old Laws written by William C. Banks and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-25 with Political Science categories.
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
International Humanitarian Law And International Human Rights Law
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Author : Orna Ben-Naftali
language : en
Publisher: Oxford University Press
Release Date : 2011-01-13
International Humanitarian Law And International Human Rights Law written by Orna Ben-Naftali and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-13 with Law categories.
Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.
Challenging The Boycott Divestment And Sanctions Bds Movement
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Author : Ronnie Fraser
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-13
Challenging The Boycott Divestment And Sanctions Bds Movement written by Ronnie Fraser and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-13 with Political Science categories.
Challenging the Boycott, Divestment and Sanctions (BDS) Movement focuses on the efforts to oppose antisemitism, the academic boycott, and the BDS movement. The State of Israel has faced many threats, most of them military, since it was established in 1948, but the threat posed by the NGO forum at the United Nations World Conference against Racism in Durban, South Africa, in August 2001 was different. The forum unleashed the "new" antisemitism which targeted the State of Israel, as well as a non-violent, civil society-based campaign based on the South African anti-apartheid campaign of the 1980s – which was to form the basis of the international Boycott, Divestment and Sanctions (BDS) movement directed at the State of Israel. Featuring case studies from the United States, Great Britain, Israel, and South Africa, each chapter of this wide-ranging volume discusses examples of opposition to the divisive BDS campaign and the proposed academic boycott of Israel over the last two decades, including the fight for formal recognition of the "new" antisemitism by governments and international bodies and the use of a variety of legal measures. The rise of antisemitism within academia and wider society is also examined. This book will be vital reading for students, scholars, and activists with an interest in social movements, Israel, and Middle East politics and history.