Security is an all-encompassing term of art which is subject to diverse interpretations and understandings. It includes notions of protection against transnational threats, including terrorism, inter- and intra-state conflict, nuclear proliferation, forced migration, violation of women’s rights, climate change, etc. The papers in this collection provide fresh voices in the security debate, uniting scholars from different fields of law and philosophy to address normative gaps in interpretation, evolution and application. Part I considers calls for an expanded mandate for the UN Security Council and regional international organisations. Part II reviews innovations within the arena of international humanitarian law, including whether it is possible to balance human rights and humanitarian law standards in peacekeeping operations, responses to “voluntary human shielding”, and normative evolution in the removal of anti-personnel mines and the ban on cluster munitions. Part III embarks upon the realm of Ethics and Democracy: assessing the engagement of private soldiers and the legitimacy of targeted strikes pursuant to the “responsibility to prevent terrorism”. It also considers internal conflicts within the notion of “democratic security”, affirms the procedural guarantees of habeas corpus and non-refoulement as central elements of global justice, and calls for evaluation of gender equity as a measure of state fragility. Part IV confronts the global challenge of climate change as a security threat. Finally, Part V provides a practitioner’s perspective which discusses possible grounds for a gap between academics and security practitioners.
Security: A Multidisciplinary Normative Approach
Edited by Cecilia M. Bailliet
Biographical note
Cecilia M. Bailliet is Professor of Law and Director of the Masters Program in Public International Law at the University of Oslo, Norway. Her teaching, research, and publications combine cross-field perspectives, including International Public Law, Human Rights, Humanitarian Law, and Refugee Law. She serves as consultant to international and national actors engaged within the field of Refugee Law.
Readership
Security Institutes, International Law & International Affairs Institutes, Academic Libraries of Law & Politics, Specialists in Security, International Law and International Affairs, International Humanitarian Law Institutes and Libraries, Environmental Law, Political Philosophy,
International Organizations.
International Organizations.
Table of contents
Foreword; Introduction; Part I The Overarching Security Framework in International Law: 1. The Concept of Security in International Law Relating to Armed Conflicts Marco Sassòli; 2. International Security and International Organisations: Considerations under International Law Marco Odello; Part II Approaching Security through the Application of International Humanitarian Law: A Review of Normative Gaps and Innovations: 3. General Principles of International Humanitarian and Human Rights Law: A Tool to Overcome the War-and-Peace Divide in International Law Ulf Häußler; 4. A Critical Decision Point on the Battlefield- Friend, Foe or Innocent Bystander Matthew W. Ezzo & Amos N. Guiora; 5. The Obligation to Remove and Destroy Anti-Personnel Mines and Explosive Remnants of War in Peace Operations Kjetil Mujezinovic Larsen; 6. A New Treaty Banning Cluster Munitions: The Interplay between Disarmament Diplomacy and Humanitarian Requirements Gro Nystuen; Part III Conflicting Definitions of Security within the Realm of Ethics and Democracy: 7. Private versus Citizen-Soldiers: New Mercenarism in a Just-War Framework Lene Bomann-Larsen; 8. The “Unrule” of Law: Unintended Consequences of Applying the Responsibility to Prevent to Counterterrorism, A Case Study of Colombia’s Raid in Ecuador Cecilia M. Bailliet; 9. Democratic Security Christopher Kutz; 10 Global Procedural Rights and Security Larry May; 11.Women’s Security/State Security Naomi Cahn; Part IV Environmental Security: 12. Security in a “Warming World”: Competences of the UN Security Council for Preventing Dangerous Climate Change Christina Voigt; 13. Environmental Security and the UN Security Council Jo Stigen & Ole Kristian Fauchald; Part V A Practitioner’s Perspective: 14. Pragmatic Law for International Security Sean Kanuck; List of Contributors; Index.
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The meaning of armed conflict is reported on by prominent international law scholars from four continents together with perspectives by military historians, soldiers, just war scholars, political scientists, peace studies scholars, and war correspondents, offering a unique interdisciplinary ...
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Grant Dawson and Sonia Farber
This book analyses the anthropological, historical, and legal contours of the crime of forcible displacement and proposes specific measures that the international community can adopt in order to prevent and/or punish the perpetration of the crime in the future.
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Chile Eboe-Osuji
Beginning with an attempt at understanding evildoing during armed conflicts, from both the general perspective and the particular angle of sexual violence itself, this book explores ways of shoring up international legal protection of women from sexual violence in armed conflicts. Particular ...
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Philipp Kastner
By analysing the involvement of the International Criminal Court in northern Uganda and Darfur, this book argues that the primary mandate of the ICC seems to have unduly shifted from fighting impunity to influencing politics in the context of ongoing armed conflicts.
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Arist von Hehn
This study provides guidance on how to best approach the management of an internally-led peace implementation process after violent intrastate conflict, gives an overview of tasks to be taken on, explains the legal framework provided for under international law, and addresses management ...
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Eitan Barak
Relying on often unique sources, this book offers the only in-depth study on flechette weapons yet conducted. Its comprehensive exploration of the legal versus illegal implications of conventional weapons use make it an invaluable resource for weaponry policy analysts.
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Edited by Marco Odello and Ryszard Piotrowicz
By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
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Edited by: Yuki Tanaka, Tim McCormack and Gerry Simpson
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Edited by Nout van Woudenberg and Liesbeth Lijnzaad
In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are ...
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Noelle Higgins
This work reconsiders the legal framework governing wars of national liberation in light of conflicts in the South Moluccas and Aceh against Indonesia. It recommends how the framework should be amended to deal adequately with modern self-determination conflicts.
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