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Inducing Compliance with International Humanitarian Law
Lessons from the African Great Lakes Region

$44.99 (C)

Heike Krieger, Reed Wood, Zachariah Mampilly, Ulrich Schneckener, Claudia Hofmann, Olivier Bangerter, Sandesh Sivakumaran, Jan Willms, Dieter Fleck, Robert Cryer, Jean-Michel Kumbu, Balingene Kahombo, Dominik Steiger, Faustin Zacharie Ntoubandi, Regina Klostermann, Siobhán Wills, Matthew Happold, Denis M. Tull, Robin Geiß, Helmut Philipp Aust, Kirsten Schmalenbach
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  • Date Published: December 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781107499560

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  • The number of armed conflicts featuring extreme violence against the civilian population in areas with no or little state authority has risen significantly since the early 1990s. This phenomenon has been particularly prevalent in the African Great Lakes Region. This collection of essays evaluates, from an interdisciplinary perspective, the various traditional and alternative instruments for inducing compliance with international humanitarian law. In particular, it explores the potential of persuasion, as well as hierarchical means such as criminal justice on the international and domestic level or quasi-judicial mechanisms by armed groups. Furthermore, it evaluates the role and potential of human rights bodies, peacekeeping missions and the UN Security Council's special compliance system for children and armed conflicts. It also considers how Common Article 1 to the Geneva Conventions and the law of state responsibility could both potentially increase compliance with international humanitarian law.

    • Takes an interdisciplinary approach to inducing compliance with international humanitarian law
    • Considers all major mechanisms to induce compliance, so that readers can systematically compare them
    • Evaluates alternative forms of inducing compliance, in particular the implementation of the law by non-state actors
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    Product details

    • Date Published: December 2018
    • format: Paperback
    • isbn: 9781107499560
    • length: 575 pages
    • dimensions: 229 x 152 mm
    • weight: 0.762kg
    • contains: 6 b/w illus. 8 tables
    • availability: Available
  • Table of Contents

    1. Introduction Heike Krieger
    Part I. Conditions for Compliance by Armed Groups, Focussing on Non-Hierarchical Instruments:
    2. Rational motives for civilian targeting in civil war Reed Wood
    3. Insurgent governance in the Democratic Republic of the Congo Zachariah Mampilly
    4. The power of persuasion: the role of international non-governmental organizations in engaging armed groups Ulrich Schneckener and Claudia Hofmann
    5. Comment - persuading armed groups to better respect international humanitarian law Olivier Bangerter
    6. Implementing humanitarian norms through non-state armed groups Sandesh Sivakumaran
    Part II. Criminal Prosecution: Hierarchical Enforcement on Different Levels:
    7. Courts of armed groups a tool for inducing higher compliance with international humanitarian law? Jan Willms
    8. Comment - perspectives on courts established by armed opposition groups Dieter Fleck
    9. The role of international criminal prosecutions in increasing compliance with international humanitarian law in contemporary African conflicts Robert Cryer
    10. National courts: the situation in the Democratic Republic of the Congo Jean-Michel Kumbu
    11. Comment - the Congolese legal system and the fight against impunity for the most serious international crimes Balingene Kahombo
    Part III. International Organisations as Actors for Ensuring Compliance:
    12. Enforcing international humanitarian law through human rights bodies Dominik Steiger
    13. Comment - enforcement of international humanitarian law through the human rights organs of the African Union Faustin Zacharie Ntoubandi
    14. The UN Security Councils special compliance systems - the regime of children and armed conflict Regina Klostermann
    15. Ensuring peacekeepers' respect for international humanitarian law Siobhán Wills
    16. Comment - obligations of States contributing to UN peacekeeping missions under Common Article 1 to the Geneva Conventions Matthew Happold
    17. Comment - UN peacekeeping in the Democratic Republic of the Congo: the travails of civilian protection Denis M. Tull
    Part IV. The Role of Third States:
    18. Common Article 1 to the Geneva Conventions: scope and content of the obligation to ensure respect - narrow but deep or wide and shallow? Robin Geiß
    19. Complicity in violations of international humanitarian law Helmut Philipp Aust
    20. International responsibility for humanitarian law violations by armed groups Kirsten Schmalenbach
    Conclusion:
    21. Where states fail, non-state actors rise? Inducing compliance with international humanitarian law in areas of limited statehood Heike Krieger.

  • Editor

    Heike Krieger, Freie Universität Berlin
    Heike Krieger is Professor of Public International Law at the Freie Universität Berlin. Between 2007 and 2014 she acted as Judge at the Constitutional Court of the State of Berlin.

    Contributors

    Heike Krieger, Reed Wood, Zachariah Mampilly, Ulrich Schneckener, Claudia Hofmann, Olivier Bangerter, Sandesh Sivakumaran, Jan Willms, Dieter Fleck, Robert Cryer, Jean-Michel Kumbu, Balingene Kahombo, Dominik Steiger, Faustin Zacharie Ntoubandi, Regina Klostermann, Siobhán Wills, Matthew Happold, Denis M. Tull, Robin Geiß, Helmut Philipp Aust, Kirsten Schmalenbach

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