Abstract
Capone F,
This book deals with a crucial and yet under-explored topic that has increasingly gained momentum during modern armed conflicts, i.e., dual-use objects under international humanitarian law (IHL). Dual-use objects, such as energy infrastructures, water installations and civilian means of transportation and communication, which could be used also for military purposes, is a term that has entered the IHL jargon but has not attained the status of a legal concept.
Dual-use objects are easily identifiable and yet remain difficult to pin down, in particular when it comes to separating them from military objectives and determining the applicable rules to enhance their protection. Although attacks against critical infrastructures are traditionally justified as being part of a legitimate military strategy, experts and, in some instances, governments are uncomfortable with the idea of depriving the civilian population of services and goods essential to its survival. Yet, the sense of discomfort has not led to any significant improvement and ‘dual-use objects’ remain on the target lists of most belligerents. A number of factors, which this book analyses to explain the rise and rationale behind the current ‘mainstream approach’ to dual-use objects, contributed to cementing the status quo.
The present book, building on these premises, pursues a twofold aim. First, this book seeks to fill a significant gap in the IHL scholarship in light of the limited attention that the topic has received so far. Second, this book aims to challenge the mainstream approach through a rigorous inquiry and the development of a new paradigm. The paradigm shift, which is at the heart of this study, places under the spotlight the civilian function of dual-use objects and reclaims the central role of the individual actors that plan, order and execute attacks against these targets. This book aspires to become an essential tool for academics and practitioners working in the IHL field, but at the same time its readership is expected to include students at all levels that have an interest in the topic and seeks to approach it in an innovative way.
Casey-Maslen S,
The first comprehensive analysis of domestic and international law defining and prohibiting torture and other forms of ill-treatment, this groundbreaking work reviews the law on torture in countries around the world. It considers how international law governs the use of force by police against suspects held in custody and during protests, and the practice and outlawing of torture both in peacetime and during armed conflict. The analysis also includes the application of universal jurisdiction, which is used in the attempt to prosecute and punish torture committed anywhere in the world. The application and execution of the death penalty are also discussed in detail.
Douglas-Jones KC B and others,
The law of human rights permeates every area of law. This title focuses on the impact of human rights law at every stage of the criminal process. It addresses the principal human rights issues that apply during an investigation and prior to a suspect knowing that they are a suspect, powers of arrest and search, and treatment at the police station. It considers every stage of the criminal process, including appeal before the domestic courts and the European Court of Human Rights.
Part 1 covers the fundamental principles of the European Convention on Human Rights and the Human Rights Act 1998 and their application in domestic law, particularly in relation to criminal appeals, as well as taking a case to the European Court of Human Rights. Parts 2 to 4 address the three broad phases of a criminal case – investigation, pre-trial and trial – providing an analysis of human rights law as it applies in each phase.
This book offers a comprehensive analysis of the often complex interactions between criminal law and human rights; with a wide range of experienced contributors drawn from the legal profession and academia, under the general editorship of Ben Douglas-Jones KC, Daniel Bunting, Paul Mason and Benjamin Newton.
Eldergill A, Evans M, and Sibley E,
How does the European Convention on Human Rights apply to people who suffer mental ill-health or are alleged to be affected by such a condition? The last few years have seen a raft of important judgments from Strasbourg concerning the rights of people with mental health issues.
This book provides a practical and critical analysis of obligations arising from the rights to life, freedom from inhuman or degrading treatment, liberty and security of the person, family and private life, and other ECHR rights. It considers the impact of human rights and mental health in the context of criminal law, family law and Court of Protection issues.
The authors give an article-by-article summary of the most important case law, as well as a thematic summary, drawing together issues relevant to practitioners specialising in mental health law as well as legal practitioners working in fields that require knowledge of Strasbourg jurisprudence on mental health including Court of Protection, family and criminal practitioners.
Fussey P and Murray D,
Scanning millions of faces each year, facial recognition technology (FRT) has become one of today's fastest growing and most controversial AI-driven surveillance technologies.
Based on rare ethnographic access to police FRT deployments,
This book exposes the selective scientific and legal narratives that justify the expansion of AI-driven surveillance. It draws on cutting-edge human rights theory to propose a due diligence framework tailored to police use of FRT and introduces the concept of ‘compound human rights harm’ to capture the multifaceted impact of surveillance.
Integrating insights from the sociology of policing, science and technology studies, and human rights scholarship, this book advances a theoretically novel and empirically informed perspective that positions FRT as a socio-technical system capable of altering the fundamental nature of policing.
Garciandia R and Gauci J-P (eds),
Developments at the international level over the past 5 years have re-ignited the relevance of a mechanism that had remained dormant for decades: inter-state communications before UN treaty bodies. Under-utilised and, consequently, under-studied, inter-state communications allow States to bring cases against other States for violations of their human rights obligations.
Given the strong human rights dimension of cases currently under consideration by the ICJ and other international disputes, as well as the numerous and significant cases being presently considered by human rights treaty bodies and other human rights courts, this edited volume seeks to consider the potential of inter-state communications for promoting and ensuring respect for human rights around the globe.
Gherbaoui T,
This book explores how Europe can resolve its foreign fighter conundrum without losing its credibility as a guardian of the rule of law and human rights. Centring on European foreign fighters who travelled to the armed conflict in Syria and Iraq, this book examines to which extent legal responses to the security threat posed by foreign fighters have been consistent with the rule of law and human rights.
The transnational nature of the foreign fighter phenomenon has created a messy labyrinth of legal obligations at the international, European, and domestic levels. To dissect this multi-layered counter-terrorism architecture, the book analyses the intricate interplay between legal norms at these different levels, with a special focus on prosecution and citizenship deprivation. Pertinent issues discussed in this book include multilateral responses by the United Nations, the European Union, and the Council of Europe, as well as the interplay between the ‘foreign terrorist fighter’ concept and definitions of terrorism. The book also addresses the conflation between counter-terrorism law and international humanitarian law, and the increasing preventive shift within counter-terrorism law.
Drawing on insights from various fields of law, the book's comprehensive and thorough assessment of the rule of law and human rights implications of permanent international, regional, and domestic legal measures to foreign fighters offers best practices for managing future terrorist threats and challenges. It is an essential resource for both researchers and practitioners in the field of counter-terrorism, national and international security, and international law.
Henrard K and Farkas L (eds),
The abundance of Roma rights cases before international and European courts reflects the Roma's systemic marginalization as well as their resolve to push the boundaries of human rights law. The Roma have increasingly raised concerns through strategic litigation, urging the courts to develop their jurisprudence and adjust the scope of human rights applications. This edited volume examines these cases, exploring the extent to which strategic litigation can and does push the boundaries of human rights.
Adopting a long-needed yet untested approach, the volume situates Roma rights within the broader human rights edifice and identifies its key contributions. The volume focuses on the (quasi) jurisprudence of the European Court of Human Rights, the Court of Justice of the EU, and the European Committee of Social Rights, with several chapters also drawing parallels with jurisdictions beyond Europe. Its contributing authors span a broad range of disciplines, including human rights law, political science, climate justice, and ethnology.
Combining rich doctrinal and socio-legal analysis,
Ivic S,
This book explores Western and non-Western conceptions of human dignity and human rights in order to demonstrate the hermeneutical nature of the concepts of human dignity and human rights, discussing examples of violations in Afghanistan, Myanmar, China, the EU, and the Western Balkans. While human rights are considered a universal framework for ensuring the dignity, rights, and freedoms of all human beings, their conceptualization and practice vary within different cultural, social, and philosophical traditions. While the Western tradition emphasizes the concept of inherent human dignity combined with an individualistic notion of autonomy and rights, in Islamic thought it is underpinned by morality and combined with duties and divine guidance, and the Confucian approach focuses on the harmony of society and relational ethics. The concepts of human dignity and human rights are contingent and dynamic categories, which means that they are open to different interpretations. Sanja Ivic also highlights the relevance of philosophical hermeneutics for legal and political studies. Drawing on the hermeneutical (interpretative) nature of human rights, this book explores different philosophical solutions to achieving a global consensus on human rights, engaging with thinkers such as Hans-Georg Gadamer, John Rawls, Charles Taylor, Gianni Vattimo, Onuma Yasuaki, and Dimitrije Mitrinovic.
McCormack-George D,
Migrants coming to and moving within Europe typically experience inadequate recognition of their professional qualifications and wrongful discrimination. This book describes and critically assesses international, European and EU laws and policies governing migrant integration in Europe, with a particular focus on those concerning the recognition of migrants’ skills. It argues that at least certain parts of EU law require clarification, restatement and even reform. The book formulates practical proposals to improve the governance of migrant integration in Europe, making it more coherent, effective and fair.
Mondal A,
‘Free speech’ has become central to discussions about racism, and is increasingly weaponised against anti-racist movements. This book argues that the weaponization of ‘free speech’ across the political spectrum, particularly by the far-right/alt-right, has been central to the resurgence, rehabilitation and normalisation of racism within the mainstream politics of western liberal democracies in the last decade. The dilemma then, for anti-racist movements, is how to respond to such a challenge - for if ‘free speech’ allows racism, then it follows that the elimination of racism is not possible.
Anshuman A. Mondal argues that liberalism has made it look as if there is something called ‘free speech’ when, in fact, speech is enabled by the structures of power within which we are all embedded. These structures determine who gets to say what, and whose voices are heard. They create and sustain racism, and anti-racism should look beyond the mythology of ‘free speech’ and focus instead on creating expressive regimes that foster racial and social justice by reshaping social discourse and transforming racialized structures of power.
Ni Loideain N
The book examines the jurisprudence of the CJEU and ECtHR concerning data retention and State surveillance. Three key developments are identified that threaten the protection and future development of the right to private life within the EU and ECHR legal orders: the converging and diverging standards of the CJEU and ECtHR; the fraught dialogue between the CJEU and national courts; and the rise of the CJEU as the vanguard EU institution for data retention policymaking and supranational judicial scrutiny in Europe.
In this dynamic area of EU data protection law and European human rights law, this original and unique book traverses the future development of legal standards within the jurisprudence of the CJEU and ECtHR, giving policy recommendations on how to enhance the right to private life in future EU data retention policymaking. This book will appeal to academics, policymakers, and practitioners interested in the future of the right to privacy in an era of AI and data-driven surveillance.
O’Callaghan P and Shiner B (eds),
The right to freedom of thought features prominently in debates about emerging technologies including neurotechnology and AI, but there is little understanding of its scope, content or application. This handbook presents the first attempt to set out how the right is protected, interpreted and applied globally. Eighteen jurisdictions are examined along with chapters describing context-setting, interdisciplinary approaches, and close analysis of the right in relation to specific challenges and conceptual difficulties. Readers familiar with the right will discover fresh perspectives and those new to the right will learn how it is part of the matrix of rights protecting autonomy, dignity, and privacy.
Riemer L,
This book examines the prohibition of collective expulsion as a fundamental safeguard for migrants’ rights, exploring its legal foundations, procedural protections, and intersection with other rights, while advocating for stronger protections amid increasingly restrictive migration policies.
Without effective procedural guarantees, other protections remain meaningless in the border context. In her book, Lena Riemer explores how the prohibition of collective expulsion ensures due process for migrants and asylum seekers across international and regional human rights systems, from the European and Inter-American Conventions to the African Charter and the Migrant Worker Convention. Through a holistic analysis of jurisprudence, the book highlights the principle's critical role in preventing arbitrary expulsions.