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Author: Rebecca Sutton
Publisher: Oxford University Press, USA
Published: 2021-02-25
Total Pages: 257
ISBN-13: 0198863810
DOWNLOAD EBOOK →One of the central principles of international humanitarian law is the principle of distinction between the civilian and the combatant. This book critically examines the situation of international humanitarian actors, showing how they struggle to protect and enhance their civilian status.
Author: Rebecca Sutton
Publisher: Oxford University Press
Published: 2021-02-25
Total Pages: 248
ISBN-13: 0192609211
DOWNLOAD EBOOK →In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of 'civilianness' in everyday practice. To safeguard their civilian status, and to deflect any qualities of 'combatantness' that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian-civilian lines, suggesting that humanitarian actors are longing for something more than civilian status - the 'civilian plus'. This special status presents a paradox: the appeal to the 'civilian plus' undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, the monograph emphasizes that even at the most normative level there is no bright line distinction to be found.
Author: Thomas George Weiss
Publisher: Rowman & Littlefield
Published: 1997
Total Pages: 320
ISBN-13: 9780847687039
DOWNLOAD EBOOK →The use of sanctions is increasing in the post-Cold War world. Along with this increase, the international community must ask itself whether sanctions 'work, ' in the sense that they incite citizens to change or overthrow an offending government, and whether sanctions are really less damaging than the alternative of war. Here for the first time, sanctions and humanitarian aid experts converge on these questions and consider the humanitarian impacts of sanctions along with their potential political benefits. The results show that often the most vulnerable members of targeted societies pay the price of sanctions, and that in addition, the international system is called upon to compensate the victims for the undeniable pain they have suffered. Well-chosen case studies of South Africa, Iraq, the former Yugoslavia, and Haiti illustrate how much pain the community of states is willing to inflict upon civilians in the quest for political gains. Together with an analytical framework and policy conclusions, this important book seeks to clarify the range of options and strategies to policymakers who impose sanctions and to humanitarian officials who operate in sanctioned environments
Author: Joe Cropp
Publisher: Routledge
Published: 2021-01-17
Total Pages: 176
ISBN-13: 1000288390
DOWNLOAD EBOOK →This book investigates how humanitarians balance the laws and principles of civilian protection with the realities of contemporary warzones, where non-state armed actors assert cultural, political and religious traditions that are often at odds with official frameworks. This book argues that humanitarian protection on the ground is driven not by official frameworks in the traditional sense, but by the relationships between the complex mix of actors involved in contemporary wars. The frameworks, in turn, act as a unifying narrative that preserves these relationships. As humanitarian practitioners navigate this complex space, they act as unofficial brokers, translating the official frameworks to align with the often-divergent agendas of non-state armed actors. In doing so, they provide an unofficial humanitarian fix for the challenges inherent in applying the official frameworks in contemporary wars. Drawing on rich ethnographic observations from the author’s time in northern Iraq, and complemented by interviews with a range of fieldworkers and humanitarian policy makers and lawyers, this book will be a compelling read for researchers and students within humanitarian and development studies, and to practitioners and policy makers who are grappling with the contradictions this book explores.
Author: Haidi Willmot
Publisher: Oxford University Press
Published: 2016
Total Pages: 497
ISBN-13: 019872926X
DOWNLOAD EBOOK →The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the center of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organizations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavor, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studying or working towards a better protection of civilians in conflict.
Author: Thomas George Weiss
Publisher: Rowman & Littlefield Publishers
Published: 1999
Total Pages: 314
ISBN-13:
DOWNLOAD EBOOK →One of the most important dynamics of the postDCold War period consists of simultaneously downsizing the armed forces and assigning them new roles. As a result, military-civilian humanitarianism_the coming together of military forces and civilian agencies to deal with the human suffering from complex emergencies_is on the rise, despite recent setbacks in Somalia and Bosnia. Is it possible and worthwhile to use the military in conjunction with humanitarian action to thwart violence and mitigate civilian suffering? This timely book seeks to answer this question by looking at the contemporary context and history of military-civilian interactions, developing a framework for assessing military costs and civilian benefits, and examining in depth the five most prominent cases_Northern Iraq, Somalia, Bosnia, Rwanda, and Haiti. It further suggests how multilateral military operations could expand or contract in the future to the benefit or peril of war victims.
Author: International Peace Academy
Publisher: Lynne Rienner Publishers
Published: 2001
Total Pages: 316
ISBN-13: 9781555879655
DOWNLOAD EBOOK →While recognizing the changing face of war casualties (the civilian casualty rate has escalated from five percent in World War I to up to 90 percent in recent conflicts), the 1949 Geneva Convention on the Protection of Civilians has not been able to reverse that trend. In this project of the International Peace Academy, with which the editor is affiliated, a dozen essays endeavor to expand the tools available to protect civilians in times of war. They address the themes of the evolving norms of international humanitarian law, inducing compliance, enforcing compliance, and reevaluating protection by reviewing traditional assumptions and new needs to deal at the local level with unconventional belligerents like guerillas. c. Book News Inc.
Author: Maja Janmyr
Publisher: Martinus Nijhoff Publishers
Published: 2013-11-28
Total Pages: 412
ISBN-13: 9004256989
DOWNLOAD EBOOK →Rather than serving as civilian and humanitarian safe havens, refugee camps are notorious for their insecurity. Due to the host state’s inability or unwillingness to provide protection, camps are often administered by the United Nations High Commissioner for Refugees (UNHCR) and its implementing partners. When a violation occurs in these situations, to which actors shall responsibility be allocated? Through an analysis of the International Law Commission’s work on international responsibility, Maja Janmyr argues that the ‘primary’ responsibility of states does not exclude the responsibilities of other actors. Using the example of Uganda, Janmyr questions the general assumption that ‘unable and unwilling’ is the same as ‘unable or unwilling’, and argues for the necessity of distinguishing between these two scenarios. Doing so leads to different conclusions in terms of responsibility for the state, and therefore for UNHCR and its implementing partners.
Author: Michael Bothe
Publisher: Oxford University Press
Published: 2013-08-29
Total Pages: 767
ISBN-13: 0199658803
DOWNLOAD EBOOK →The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
Published: 2005-03-03
Total Pages: 610
ISBN-13: 0521808995
DOWNLOAD EBOOK →Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
