The Prosecution And Defense Of Peacekeepers Under International Criminal Law


The Prosecution And Defense Of Peacekeepers Under International Criminal Law
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The Prosecution And Defense Of Peacekeepers Under International Criminal Law


The Prosecution And Defense Of Peacekeepers Under International Criminal Law
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Author : Geert-Jan Knoops
language : en
Publisher: BRILL
Release Date : 2021-10-25

The Prosecution And Defense Of Peacekeepers Under International Criminal Law written by Geert-Jan Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.


The Prosecution and Defense of Peacekeepers under International Criminal Law is the first comprehensive study on the international judicial implications of prosecution of international peacekeepers and members of military crisis operations under the principles of international criminal law and especially those of the International Criminal Court (ICC). Based on both domestic case law and that of the ICTY-ICTR, this study analyzes the foundation and application of international criminal liability concepts and defenses from the perspective of the prosecution and defense in the area of peacekeeping. This book assesses whether prosecution of international peacekeepers merits a distinct judicial position due to (UN) peacekeeping mandates as well as the concept of Rules of Engagement. Special attention is paid to the new era of international military crisis operations in terms of prosecution and defense of military servicemen involved in these operations. Published under the Transnational Publishers imprint.



Law Enforcement Within The Framework Of Peace Support Operations


Law Enforcement Within The Framework Of Peace Support Operations
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Author : Roberta Arnold
language : en
Publisher: BRILL
Release Date : 2008-08-31

Law Enforcement Within The Framework Of Peace Support Operations written by Roberta Arnold and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-31 with Law categories.


Since the end of the Cold War and the emergence of “asymmetric” threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the format of a handbook, to those deployed in the field and who are confronted with legal issues. In order to achieve this goal, the handbook is structured as follows: after this introduction, Part II addresses the general question whether law enforcement shall be a PSO task. Law enforcement is perceived by some states as a matter of self-defense.Part III then addresses the limits and possibilities of law enforcement by PSO.The discussion continues with Part IV, which provides some practical tools for those deployed to the field. Part V focuses instead on law enforcement within PSO, illustrating problems related to the prosecution of members of PSO forces suspected of illegal activities, and Part VI then draws the conclusions.



Practice And Policies Of Modern Peace Support Operations Under International Law


Practice And Policies Of Modern Peace Support Operations Under International Law
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Author : Geert-Jan Knoops
language : en
Publisher: BRILL
Release Date : 2006-07-19

Practice And Policies Of Modern Peace Support Operations Under International Law written by Geert-Jan Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-19 with Law categories.


Confronted with the practical legal aspects of Peace Support Operations (PSO) in their daily work, the two authors realized that there was an urgent need for the international community of military and civilian lawyers, law enforcement agencies, policy makers, legal advisers and military commanders dealing with these types of missions to have a guidebook analyzing, questioning and providing some solutions to the practical legal aspects intrinsic in them and which are often known only to those who have been serving in the field. It was therefore decided to create a tool to record and diffuse the know-how acquired by those who have been directly confronted with these issues, in the field and at headquarters. Among the cutting-edge topics practitioners explore in Peace Support Operations & Their Legal Implications are human trafficking and illegal immigration in theatres of PSO such as the Balkans, arrest and detention of suspects of serious breaches of the laws of war, the relationship and role sharing of civilian law enforcement agencies and peacekeepers, the use of non-lethal and other weapons (e.g. riot control agents), criminal liability for breaches of international law and Rules Of Engagement. Contributions of a more strategic nature deal further with the complexities of Status of Forces Agreements and Memoranda of Understanding, the extraterritorial applicability of human rights obligations, the application of the law of occupation to peacekeeping forces, their new role and the relative problems in peace-building. The main objective of this guidebook is to provide the basis for further discussion, suggesting what should be done next, and to constitute a problem-solving tool for those deployed in the field, often secluded from the external world and confronted with difficulties to be solved immediately, under the pressure of time. The idea is to show them the path undertaken by others who have been confronted with similar problems and to share the knowledge and fight the power. Published under the Transnational Publishers imprint.



International Peacekeeping The Yearbook Of International Peace Operations


International Peacekeeping The Yearbook Of International Peace Operations
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Author : Harvey Langholtz
language : en
Publisher: BRILL
Release Date : 2021-11-22

International Peacekeeping The Yearbook Of International Peace Operations written by Harvey Langholtz and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Political Science categories.


International Peacekeeping is devoted to reporting upon and analyzing international peacekeeping with an emphasis upon legal and policy issues, but is not limited to these issues. It is recognized that in today's world there is a wealth of information available from the internet and through other sources. It is therefore the goal of this Yearbook to make this information available in one publication which both organizes and records events over the course of a year through analytical articles, a chronicle, primary documents, and a bibliography. Topics include inter alia peacekeeping, peace, war, conflict resolution, diplomacy, international law, international security, humanitarian relief, humanitarian law, and terrorism. The Yearbook is of scholarly quality but is not narrowly theoretical. It provides the interested public -- diplomats, civil servants, politicians, the military, academics, journalists, NGO employees, and serious citizens -- with a document of record, comment, and a starting point for further research on peacekeeping and related topics. This is achieved not only by the provision of 'basic documents' (on CD ROM), such as Security Council Resolutions and Reports of the UN Secretary- General, but also by expert commentaries on world events. Peacekeeping is treated in a pragmatic light, seen as a form of international military cooperation for the preservation or restoration of international peace and security. Attention is focused not only on UN peacekeeping operations, but other missions as well. This Yearbook is the continuation of the journal International Peacekeeping.



Accountability Of Peace Support Operations


Accountability Of Peace Support Operations
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Author : M. C. Zwanenburg
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2005-01-01

Accountability Of Peace Support Operations written by M. C. Zwanenburg and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.


Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.



China S And Italy S Participation In Peacekeeping Operations


China S And Italy S Participation In Peacekeeping Operations
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Author : Andrea de Guttry
language : en
Publisher: Lexington Books
Release Date : 2014-04-28

China S And Italy S Participation In Peacekeeping Operations written by Andrea de Guttry and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-28 with Political Science categories.


Participation in international peace operations has become a key component of the foreign policy strategy of many countries worldwide. Italy and China have been, and are currently, involved in various efforts to maintain and promote international peace and security, including Peacekeeping Operations (PKOs). This book offers a description of the two countries’ engagement in international peace operations, analyzing it through the lenses of law, sociology, history, and politics. The specific experiences of Italy and China provide an excellent opportunity for comparing and contrasting how and why foreign powers intervene in the name of peace. At the same time, this book focuses on a number of crucial challenges PKOs are currently facing (training of personnel, ensuring accountability, effectively assisting war-torn States in their rehabilitation effort), and tries to explain how Italy, China, and other international actors are trying to respond to the many dilemmas and contradictions of postwar peace. Contributors include academics from a wide range of disciplines and interests, diplomats, and practitioners involved in international peace operations.



Thematic Prosecution Of International Sex Crimes


Thematic Prosecution Of International Sex Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2018-06-01

Thematic Prosecution Of International Sex Crimes written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.




Defenses In Contemporary International Criminal Law


Defenses In Contemporary International Criminal Law
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Author : Geert-Jan G. J. Knoops
language : en
Publisher: BRILL
Release Date : 2008

Defenses In Contemporary International Criminal Law written by Geert-Jan G. J. Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.



Sexual Exploitation And Abuse By Un Military Contingents


Sexual Exploitation And Abuse By Un Military Contingents
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Author : Róisín Sarah Burke
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-06-05

Sexual Exploitation And Abuse By Un Military Contingents written by Róisín Sarah Burke and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-05 with Law categories.


In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the legal, conceptual and practical difficulties of dealing with sexual offences committed by military contingent personnel deployed on UN peace operations. Some of the inadequacies of current legal frameworks for dealing with such abuses are examined. The book addresses the difficulties with applying international humanitarian law, human rights law and/or international criminal law in this context, and the broader issue of state/international organization responsibility. The book proposes policy options to increase accountability both for perpetrators and for troop contributing nations otherwise indifferent to the crimes of their national contingents.



Redressing Miscarriages Of Justice Practice And Procedure In National And International Criminal Law Cases


Redressing Miscarriages Of Justice Practice And Procedure In National And International Criminal Law Cases
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Author : Geert-Jan Knoops
language : en
Publisher: BRILL
Release Date : 2021-08-30

Redressing Miscarriages Of Justice Practice And Procedure In National And International Criminal Law Cases written by Geert-Jan Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-30 with Law categories.


Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.