Beginning with the negotiations that concluded with the unanimous
adoption of the United Nations Convention on the Prevention and
Punishment of the Crime of Genocide on December 9, 1948, and
...extending to the present day, the United States, Soviet
Union/Russia, China, United Kingdom, and France have put forth
great effort to ensure that they will not be implicated in the
crime of genocide. If this were to fail, they have also ensured
that holding any of them accountable for genocide will be
practically impossible. By situating genocide prevention in a
system of territorial jurisdiction; by excluding protection for
political groups and acts constituting cultural genocide from the
Genocide Convention; by controlling when genocide is meaningfully
named at the Security Council; and by pointing the responsibility
to protect in directions away from any of the P-5, they have
achieved what can only be described as practical impunity for
genocide. The Politics of Genocide is the first book to
explicitly demonstrate how the permanent member nations have
exploited the Genocide Convention to isolate themselves from the
reach of the law, marking them as "outlaw states."
Post-Backlash Human Rights Law explores a battle of narratives before the emergence of "post-backlash human rights law" - rules generated by the international human rights community and opposing ...states in reaction to the backlash.
Written by people selected for their personalized knowledge of the Rwandan genocide, Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law provides a unique level of ...insight, detail and first-hand knowledge about the Rwandan genocide and its aftermath.
The Limits of Common Humanity provides an interdisciplinary response to theorise the role of "humanity" as a motivational concept. Jarvis examines the creation and mission of the Responsibility to ...Protect (R2P) concept, highlighting the challenges that have restricted its application in practice.
NATO's 2011 humanitarian military intervention in Libya has been hailed as a model for implementing the emerging norm of the responsibility to protect (R2P), on grounds that it prevented an impending ...bloodbath in Benghazi and facilitated the ouster of Libya's oppressive ruler, Muammar al-Qaddafi, who had targeted peaceful civilian protesters. Before the international community embraces such conclusions, however, a more rigorous assessment of the net humanitarian impact of NATO intervention in Libya is warranted. The conventional narrative is flawed in its portrayal of both the nature of the violence in Libya prior to the intervention and NATO's eventual objective of regime change. An examination of the course of violence in Libya before and after NATO's action shows that the intervention backfired. The intervention extended the war's duration about sixfold; increased its death toll approximately seven to ten times; and exacerbated human rights abuses, humanitarian suffering, Islamic radicalism, and weapons proliferation in Libya and its neighbors. If it is a "model intervention," as senior NATO officials claim, it is a model of failure. Implementation of R2P must be reformed to address these unintended negative consequences and the dynamics underlying them. Only then will R2P be able to achieve its noble objectives.
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This book focuses, for the first time ever, on the protection roles of human rights NGOs since the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights. ...It also looks at how NGOs are responding to future challenges such as artificial Intelligence, robots in armed conflicts, digital threats, and the protection of human rights in outer space. Written by leading NGO human rights practitioners from different parts of the world, it sheds light on the multiple roles of the leading pillar of the global human rights movement, the Non-Governmental Organizations.
In The European Union and the Use of Force Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of ...the legal framework for the EU's military crisis management operations.
This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It explores the influential version of the principle ...introduced by the International Commission on Intervention and State Sovereignty in 2001 and compares it with more recent interpretations of the responsibility to protect. It reviews the dangers and inconsistencies inherent in all of these variants, but focuses in particular on the reading of the norm advocated by the United Nations through its human protection agenda. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential modern emancipatory formation. To remedy its dangerous malleability, the author advocates a distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the RtoP version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of nonstate actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.
