The protection of non-combatants during armed conflict and safeguarding the rights of victims in post-conflict society : essays in honour of the life and work of Joakim Dungel

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The protection of non-combatants during armed conflict and safeguarding the rights of victims in post-conflict society : essays in honour of the life and work of Joakim Dungel

edited by Philipp Ambach ... [et al.]

Martinus Nijhoff Publishers, c2015

  • : hardback

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Includes bibliographical references and index

内容説明・目次

内容説明

This collection of essays-written by friends and colleagues of Joakim Dungel-focuses on the protection of the innocent during and after war. It is a tribute to Joakim's life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim's work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim's choice.

目次

Excerpt of table of contents: I. About the Authors and Editors II. Foreword III. Acknowledgements IV. Introduction Part One - Addresses from the Joakim Dungel Lectures in International Justice V. An Analysis of Whether the Actions of the 7th Cavalry at Wounded Knee Creek on 29 December 1890 Were Crimes Under the Applicable Law of the Time VI. About Responsibility VII. Drones and the Law of Armed Conflict: the State of the Art Part Two - The Protection of Non-Combatants During Armed Conflict VIII. Protecting Children in Armed Conflict Through Complementary Processes of Political Engagement and International Criminal Law IX. Target practice: Do United Nations Sanctions Protect Civilians against Al-Qaida? X. The United Nations in Afghanistan: Policy as Protection? XI. A Deterrent Effect of Domestic German Prosecutions for Crimes Committed by German Military in Afghanistan? - Protecting Civilians from Inadvertent Attacks by Friendly Foreign Forces XII. Criminalising the Denial of a Fair Trial as a Crime Against Humanity XIII. The Place of International Criminal Law Within the Context of International Humanitarian Law XIV. Disproportionate Attacks in International Criminal Law XV. Judicial 'Law-Making' in the Jurisprudence of the ICTY and ICTR in Relation to Protecting Civilians from Mass Violence: How Can Judge-Made Law be Brought into Coherence with the Doctrine of the Formal Sources of International Law? XVI. The African Court on Human and Peoples' Rights and the Use of Provisional Measures for the Protection of the Civilian Population in Armed Conflict Situations Part Three - Safeguarding the Rights of Victims in Post-Conflict Society XVII. Promoting and Protecting the Long-term Needs of Victims of Armed Conflict: The Potential Role of National Human Rights Institutions XVIII. La Reconnaissance du Benefice de l'Indemnisation aux Victimes de Violations des Droits de l'Homme par la Cour Internationale de Justice XIX. The ICC Reparations Scheme: Promise for Victims or Recipe for Failure? - A Critical Discussion of Joakim Dungel's Unpublished Article 'Reparations and the ICC: Is the Court Ready for the Job?' XX. Index.

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