Juridification Of Warfare And Limits Of Accountability
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Juridification Of Warfare And Limits Of Accountability
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Author : Martina Kolanoski
language : en
Publisher: BRILL
Release Date : 2022-07-18
Juridification Of Warfare And Limits Of Accountability written by Martina Kolanoski and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-18 with Law categories.
The book provides a detailed praxeological analysis of a single NATO-airstrike in Afghanistan as a vivid example of how an event and its ex-post accountings shape and specify the legally required protection of civilians in armed conflict.
Between Justice And Stability
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Author : Mladen Ostojic
language : en
Publisher: Routledge
Release Date : 2016-04-15
Between Justice And Stability written by Mladen Ostojic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Political Science categories.
Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia's transition to democracy. Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia's integration into Euro-Atlantic political structures following the overthrow of Milosevic. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojic explores the complex processes set in motion by the international community's policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.
Legal Accountability And Britain S Wars 2000 2015
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Author : Peter Rowe
language : en
Publisher: Routledge
Release Date : 2016-04-20
Legal Accountability And Britain S Wars 2000 2015 written by Peter Rowe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-20 with Law categories.
This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
The Oxford Handbook Public Accountability
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Author : Mark Bovens
language : en
Publisher: Oxford University Press
Release Date : 2014-04
The Oxford Handbook Public Accountability written by Mark Bovens 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 2014-04 with Business & Economics categories.
Drawing on the best scholars in the field from around the world, this handbook showcases conceptual and normative as well as the empirical approaches in public accountability studies.
Accountable Government In Africa
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Author : Danwood Mzikenge Chirwa
language : en
Publisher: United Nations Univ
Release Date : 2012
Accountable Government In Africa written by Danwood Mzikenge Chirwa and has been published by United Nations Univ this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Political Science categories.
This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.
Law S Impunity
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Author : Hin-Yan Liu
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-09-24
Law S Impunity written by Hin-Yan Liu and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.
When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.
Proportionality And The Rule Of Law
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Proportionality And The Rule Of Law written by Grant Huscroft and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-21 with Law categories.
"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, and South Africa, as well as the jurisprudence of treaty-based legal systems like the European Court of Human Rights, giving rise to claims of a global model, a received approach, or, simply, the best-practice standard of rights adjudication. Even in the United States, which is widely understood to have formally rejected proportionality, some argue that the various levels of scrutiny adopted by the US SupremeCourt are analogous to the standard questions posed by proportionality. As proportionality scholars are well aware, some of the early literature on balancing and rights is American, with special reference to the First Amendment. Notwithstanding proportionality's popularity, there is no consensus on its methodology. Much less does the use of a proportionality doctrine guarantee consensus on substantive rights questions. What the principle of proportionality promises is a common analytical framework, a framework the significance of which is not in its ubiquity (a mere fact), but because its structure influences (some would say controls) how courts reason to conclusions in many of the great moral and political questions confronting political communities. Asa framework, proportionality analysis is superficially straightforward, setting out four questions in evaluating whether the limitation of a right is justifiable. A serviceable - but by no means canonical"--
Closing The Feedback Loop
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Author : Björn-Sören Gigler
language : en
Publisher: World Bank Publications
Release Date : 2014-05-22
Closing The Feedback Loop written by Björn-Sören Gigler and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-22 with Political Science categories.
Enhanced transparency, accountability, and government or donor responsiveness to people needs are imperative to achieve better and more sustainable development results on the ground. The rapid spread of new technologies is transforming the daily lives of millions of poor people around the world and has the potential to be a real game changer for development. Improved accountability and responsiveness are critical for reaching the goals of eliminating extreme poverty and promoting shared prosperity with a focus on improving the well-being of the most vulnerable and marginalized groups in society. Within the broader political economy context, many questions remain unanswered about the role that new technologies can play to act as an accelerator for closing the accountability gap. Within this context, this report brings together new evidence from leading academics and practitioners on the effects of technology-enabled citizen engagement. The report aims to address the following four main questions: how do new technologies empower communities through participation, transparency, and accountability?; are technologies an accelerator for closing the accountability gap - the space between supply (governments, service providers) and demand (citizens, communities,civil society organizations) that must be bridged for open and collaborative governance?; under what conditions does this occur?; and what are the experiences and lessons learned from existing grassroots innovators and donor-supported citizen engagement and crowdsourcing programs, and how can these programs be replicated or scaled up?. The report presents a theoretical framework about the linkages between new technologies, participation, empowerment, and the improvement of poor people's human well-being based on Amartya Sen's capability approach. The book provides rich case studies about the different factors that influence whether or not information and communication technology (ICT)-enabled citizen engagement programs can improve the delivery and quality of public services to poor communities. The report analyzes in depth both the factors and process of using new technologies to enhance the delivery of primary health services to pregnant women in Karnataka, India, and of several community mapping and crowdsourcing programs in Guinea, Haiti, Kenya, Libya, Sudan, and other countries.
Politicizing The International Criminal Court
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Author : Steven C. Roach
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2006-08-24
Politicizing The International Criminal Court written by Steven C. Roach and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-24 with Political Science categories.
This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.
Contested Justice
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Author : Christian De Vos
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-18
Contested Justice written by Christian De Vos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-18 with Law categories.
An in-depth and interdisciplinary analysis of the politics and practice of the International Criminal Court. This title is also available as Open Access.