foreign fighters under international law and beyond

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Foreign Fighters Under International Law And Beyond

Author : Andrea de Guttry
ISBN : 9789462650992
Genre : Law
File Size : 78. 18 MB
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This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

Foreign Fighters Under International Law And Beyond

Author : Andrea de Guttry
ISBN : 9462650985
Genre : Law
File Size : 64. 63 MB
Format : PDF, Kindle
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This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

Fundamental Rights In International And European Law

Author : Christophe Paulussen
ISBN : 9789462650886
Genre : Law
File Size : 56. 20 MB
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In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

Foreign Fighters

Author : David Malet
ISBN : 9780199339884
Genre : Political Science
File Size : 71. 65 MB
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In conflict zones around the world, the phenomenon of foreign insurgents fighting on behalf of local rebel groups is a common occurrence. They have been an increasing source of concern because they engage in deadlier attacks than local fighters do. They also violate international laws and norms of citizenship. And because of their zeal, their adversaries - often the most powerful countries in the world - are frequently incapable of deterring them. Foreign fighters have made headlines in recent wars in Afghanistan, Iraq, and Somalia, and the term is widely equated with militant Islamists. However, foreign fighters are not a new phenomenon. Throughout modern history, outside combatants have fought on behalf of causes ranging from international communism to aggrieved ethnic groups. Analyzing the long history of foreign fighters in the modern era helps us understand why they join insurgencies, what drives their behavior, and what policymakers can do in response. In Foreign Fighters, David Malet examines how insurgencies recruit individuals from abroad who would seem to have no direct connection to a distant war. Remarkably, the same recruiting strategies have been employed successfully in all foreign fighter cases, regardless of the particular circumstances of a conflict. Malet also catalogues foreign fighters in civil wars over the past two centuries, providing data indicating that they are disproportionately successful and growing in number. Detailed case histories constructed from archival material and original interviews demonstrate the same recruitment patterns in highly diverse conflicts including the Texas Revolution, the Spanish Civil War, the Israeli War of Independence, and the Afghanistan War. The results show that foreign fighters from Davy Crockett to George Orwell to Osama bin Laden create and respond to strategically crafted appeals to defend transnational communities under dire threat.

Building A Future On Peace And Justice

Author : Kai Ambos
ISBN : 9783540857549
Genre : Law
File Size : 24. 52 MB
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Results of the 2007 Nuremberg Conference on Peace and Justice: Tensions between peace and justice have long been debated by scholars, practitioners and agencies including the United Nations, and both theory and policy must be refined for very practical application in situations emerging from violent conflict or political repression. Specific contexts demand concrete decisions and approaches aimed at redress of grievance and creation of conditions of social justice for a non-violent future. There has been definitive progress in a world in which blanket amnesties were granted at times with little hesitation. There is a growing understanding that accountability has pragmatic as well as principled arguments in its favour. Practical arguments as much as shifts in the norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark choice between peace and justice. It is socio-political transformation, not just an end to violence, that is needed to build sustainable peace. This book addresses these dilemmas through a thorough overview of the current state of legal obligations; discussion of the need for a holistic approach including development; analysis of the implications of the coming into force of the ICC; and a series of "hard" case studies on internationalized and local approaches devised to navigate the tensions between peace and justice.

Mass Starvation

Author : Alex de Waal
ISBN : 9781509524709
Genre : Political Science
File Size : 21. 17 MB
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The world almost conquered famine. Until the 1980s, this scourge killed ten million people every decade, but by early 2000s mass starvation had all but disappeared. Today, famines are resurgent, driven by war, blockade, hostility to humanitarian principles and a volatile global economy. In Mass Starvation, world-renowned expert on humanitarian crisis and response Alex de Waal provides an authoritative history of modern famines: their causes, dimensions and why they ended. He analyses starvation as a crime, and breaks new ground in examining forced starvation as an instrument of genocide and war. Refuting the enduring but erroneous view that attributes famine to overpopulation and natural disaster, he shows how political decision or political failing is an essential element in every famine, while the spread of democracy and human rights, and the ending of wars, were major factors in the near-ending of this devastating phenomenon. Hard-hitting and deeply informed, Mass Starvation explains why man-made famine and the political decisions that could end it for good must once again become a top priority for the international community.

Evidence In Anti Doping At The Intersection Of Science Law

Author : Marjolaine Viret
ISBN : 9789462650848
Genre : Law
File Size : 84. 11 MB
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This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime. Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded. The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters. Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland’s leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.

Nationality And Statelessness Under International Law

Author : Alice Edwards
ISBN : 9781316062401
Genre : Law
File Size : 74. 53 MB
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Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege

Author : Thomas Rauter
ISBN : 9783319644776
Genre : Law
File Size : 63. 33 MB
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This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?

Defining International Terrorism

Author : Stella Margariti
ISBN : 9789462652040
Genre : Law
File Size : 52. 59 MB
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This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by expla ining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the Un iversity of Dundee where she attained the title of Doctor from the School of Law.

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