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"Folkrätt"
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Introduction
by
Stronks, Martijn
,
Thorburn Stern, Rebecca
,
Mindus, Patricia
in
Folkrätt
,
Public International Law
2025
Journal Article
Israeli Digital Oppression and Cyber Surveillance in Palestine
2024
Early in his writings, Elia Zureik connected Israeli surveillance of Palestinians as an extended conduct of settler colonialism and neoliberal apartheid, arguing that Israel’s Colonial Project in Palestine shows how central surveillance is to the maintenance of that project. More precisely, in his article in 2020: Settler Colonialism, Neoliberalism and Cyber Surveillance: The Case of Israel, he pointed out that the use of new technologies, especially the use of algorithmic predictions and biometrics, including facial recognition, has transformed Israel to a high-tech surveillance state, spreading fear among and tightening its control over the occupied Palestinian people.
Departing from the notion of “cyber surveillance” in relation to control and settler colonialism, and building on Elia’s work, I will address three main points in turn. First: The status of Palestinians under Israeli cyber surveillance and digital oppression. Second: The use of AI-enhanced facial recognition systems to track Palestinians, systematizing massive surveillance and automating harsh restrictions to their rights and freedoms as part of a structural settler colonial oppression. Third: The role of social media platforms in facilitating cyber surveillance and digital oppression. I will conclude with a brief examination of the legality of the deployment of these technologies under international law of occupation.
Journal Article
Humanitarian intervention and the responsibility to protect : who should intervene?
This book considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis, such as found in Rwanda in early 1994, Kosovo in 1999, and Darfur more recently. The doctrine of the responsibility to protect asserts that when a state is failing to uphold its citizens' human rights, the international community has a responsibility to protect these citizens, including by undertaking humanitarian intervention. It is unclear, however, which particular agent should be tasked with this responsibility. Should we prefer intervention by the UN, NATO, a regional or subregional organization (such as the African Union), a state, a group of states, or someone else? This book answers this question by, first, determining which qualities of interveners are morally significant and, second, assessing the relative importance of these qualities. For instance, is it important that an intervener have a humanitarian motive? Should an intervener be welcomed by those it is trying to save? How important is it that an intervener will be effective and what does this mean in practice? The book then considers the more empirical question of whether (and to what extent) the current interveners actually possess these qualities, and therefore should intervene. For instance, how effective can we expect UN action to be in the future? Is NATO likely to use humanitarian means? Overall, it develops a particular normative conception of legitimacy for humanitarian intervention. It uses this conception of legitimacy to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.
'Armed Attack' and Article 51 of the UN Charter
2010,2011
This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Global Politics and the Responsibility to Protect
2011,2010
This book provides an in-depth introduction to, and analysis of, the issues relating to the implementation of the recent Responsibility to Protect principle in international relations
The Responsibility to Protect (RtoP) has come a long way in a short space of time. It was endorsed by the General Assembly of the UN in 2005, and unanimously reaffirmed by the Security Council in 2006 (Resolution 1674) and 2009 (Resolution 1894). UN Secretary-General Ban Ki-moon has identified the challenge of implementing RtoP as one of the cornerstones of his Secretary-Generalship. The principle has also become part of the working language of international engagement with humanitarian crises and has been debated in relation to almost every recent international crisis – including Sudan, Sri Lanka, Myanmar, Georgia, the Democratic Republic of Congo, Darfur and Somalia.
Concentrating mainly on implementation challenges including the prevention of genocide and mass atrocities, strengthening the UN’s capacity to respond, and the role of regional organizations, this book introducing readers to contemporary debates on R2P and provides the first book-length analysis of the implementation agenda.
The book will be of great interest to students of the responsibility to protect, humanitarian intervention, human rights, foreign policy, security studies and IR and politics in general.
Alex J. Bellamy is Professor of International Security at the Griffith Asia Institute/Centre for Governance and Public Policy, Griffith University, Australia. From 2007–2010 he was Executive Director of the Asia-Pacific Centre for the Responsibility to Protect.
Introduction 1. From Idea to Norm 2. Implementing RtoP at the UN 3. Humanitarian Crises since 2005 4. An Assessment after Five Years 5. Economic Development and Democratisation 6. Early Warning 7. Regional Arrangements (with Sara E. Davies) 8. The UN Security Council and the Use of Force Conclusion
'Alex Bellamy, one of the most competent students and advocates of the ‘respon sibility to protect’ (often abbreviated as ‘R2P’), provides a very timely and useful account of the origins of this notion, of its evolution, and of its successes and failures between 2005 (when it was endorsed by the General Assembly of the United Nations) and 2010.' - Pierre Hasner, Survival, Vol. 53:5, Oct - Nov 2011
‘Alex Bellamy here builds on his previous book on the subject (published 2008) which greeted the establishment of R2P as a key aspect of how the world would be (politically) managed in the new millennium. This new book, revealingly subtitled \"From Words to Deeds\" examines, after the first five years of formal establishment, what impact R2P has actually had. [...] Bellamy’s book will find its way on to essential reading lists almost immediately.’ – Christopher May, Lancaster University, Political Studies Review, Vol 10:3, Sept. 2012
Arguing About War
2004,2008
Michael Walzer is one of the world's most eminent philosophers on the subject of war and ethics. Now, for the first time since his classicJust and Unjust Warswas published almost three decades ago, this volume brings together his most provocative arguments about contemporary military conflicts and the ethical issues they raise.
The essays in the book are divided into three sections. The first deals with issues such as humanitarian intervention, emergency ethics, and terrorism. The second consists of Walzer's responses to particular wars, including the first Gulf War, Kosovo, Afghanistan, and Iraq. And the third presents an essay in which Walzer imagines a future in which war might play a less significant part in our lives. In his introduction, Walzer reveals how his thinking has changed over time.
Written during a period of intense debate over the proper use of armed force, this book gets to the heart of difficult problems and argues persuasively for a moral perspective on war.
The Conduct of Hostilities under the Law of International Armed Conflict
2004
A companion volume to the author's seminal textbook War, Aggression and Self-Defence, Third Edition, Cambridge (2001), this book focuses on issues arising in the course of hostilities between States, with an emphasis on the most recent conflicts in Iraq and Afghanistan. The main themes considered by Yoram Dinstein are lawful and unlawful combatants, war crimes, including command responsibility and defences, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Numerous specific topics that have attracted much interest in recent hostilities are addressed, such as human shields, feigned surrenders, collateral damage and proportionality, belligerent reprisals and weapons of mass destruction.
The International Legal Order: Current Needs and Possible Response
2017
This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.
Fictions of Justice
by
Clarke, Kamari Maxine
in
Criminal law
,
Criminal law - Africa, Sub-Saharan
,
International and municipal law
2009
By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international justice that competes with a range of other formations, this book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices. These micropractices include speech acts that revere the protection of international rights, citation references to treaty documents, the brokering of human rights agendas, the rewriting of national constitutions, demonstrations of religiosity that make explicit the piety of religious subjects, and ritual practices of forgiveness that involve the invocation of ancestral religious cosmologies - all practices that detail the ways that justice is made real.