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Justice for Victims before the International Criminal Court
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Professional Ethics
This book is addressed to all those with an interest in the ethical dimension of professional development. Contributors are drawn from a variety of occupational fields (academic practice, healthcare, occupational therapy, legal, military, business, research, teaching, higher education, and civil engineering), institutional contexts, and geographical regions. However, they are united in their concern for inter-professional ways of working and for developing an ethical response to the changing institutional contexts within which they operate. Practitioners, trainers and managers will find this book both useful and thought-provoking, while scholars with a particular interest in professional ethics will find it informative and insightful.
Public-Private Partnerships and Responsibility under International Law
Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to bett...
Secession and Statehood
This book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or Afr...
Cultural Diversity in International Law
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to ...
The Arab Spring
This edited volume explores some of the key international law issues to have arisen from the events which comprised the 'Arab Spring.'
Future Opportunities and Tools for Emerging Challenges for HIV/AIDS Control
This book reviews and discusses future opportunities and tools for emerging challenges in HIV/ADS control. Although significant progress has been made in the prevention, control, and care of HIV/AIDS, challenges continue to emerge. Over six sections, the book discusses a myriad of subjects, including obstacles to treatment, risk factors, demographics, testing, comorbidities, mental health, and much more.
The Cuban Embargo under International Law
The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged...
The Changing Nature of Customary International Law
This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.
Technology and the Law on the Use of Force
As governmental and non-governmental operations become progressively supported by vast automated systems and electronic data flows, attacks of government information infrastructure, operations and processes pose a serious threat to economic and military interests. In 2007 Estonia suffered a month long cyber assault to its digital infrastructure, described in cyberspace as ‘Web War I’. In 2010, a worm—Stuxnet—was identified as supervisory control and data acquisition systems at Iran’s uranium enrichment plant, presumably in an attempt to set back Iran’s nuclear programme. The dependence upon telecommunications and information infrastructures puts at risk Critical National Infrastr...
