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Table of Contents
Intro
Series Preface
Volume Preface
Contents
About the Series Editor
About the Editor
Contributors
Overview of International Human Rights in War
Introduction
Issues of Concern
Emergence of Human Rights Concerns in Armed Conflict
Public International Law
Protecting People and Prohibiting Weapons
Contemporary Situations
Emerging Themes and Future Directions
Part I: Emergence of Human Rights Concerns in Armed Conflict
Concepts of War and International Human Rights
Introduction
Conceptualizing War
War Studies
Existing Notions of War
State-Maker as War-Maker
Politico-cultural War
Conceptualizing International Human Rights
Universal Declaration of Human Rights
International Human Rights Law
Conclusion
References
Human Rights and the Just War Tradition
Introduction: Contemporary Thinking About Human Rights and War
Deeper Historical Survey of the Idea of Rights and Its Relation to Just War
Changes in the Modern Period
Developments Leading to the Present
Conclusion
References
Humanitarian Restraints in Early Modern Warfare
Introduction
Historical Developments Prior to 1850
Kill Them All and Let God Sort Them Out!
In the Beginning
The Middle Ages
The Beginning of Modern Times
Historical Developments from 1850 to 1900
Rise of the Humanitarians
Lieber Code
Rise of Humanitarian Conference Diplomacy
Historical Developments from 1900 to The Great War
LOACś Compliance Challenges
More Humanitarian Conference Diplomacy
The Great War
Conclusion
Cross-References
References
Contemporary Humanitarian Intervention
Introduction
Humanitarian Intervention: Definitions as Normative Qualifications
Humanitarian Intervention: Toward a Rules-Based International Order?
Rules and/or Power?
State Sovereignty
Who Acts? Who Decides?
The ``Problem ́́of Power
Humanity
The End of Interventionism?
Conclusion: Toward a Tragic International Order?
Cross-References
References
Part II: Public International Law Systems
International Human Rights Law and States of Emergency
Introduction
Analytical Framework: State of Emergency in an Ideological, Historical, and Societal Context
The Role of the Sovereign
The Threat from the Other
Securitization
The Origins of and National Variations in the Doctrine of Emergency
Suspension of Law and Dictatorship in Rome
State of Siege and France
Martial Law and the United Kingdom
The Weimar Constitution in the Interwar Period and Militant Democracy in Post-War Germany
The US Constitution
Emergency Powers and Constitutional Necessity in Sweden
International Law Framework
Accommodation of and Derogation from Human Rights Norms in the State of Peace
Derogation from Human Rights Norms in the State of Emergency
The European Convention on Human Rights
Series Preface
Volume Preface
Contents
About the Series Editor
About the Editor
Contributors
Overview of International Human Rights in War
Introduction
Issues of Concern
Emergence of Human Rights Concerns in Armed Conflict
Public International Law
Protecting People and Prohibiting Weapons
Contemporary Situations
Emerging Themes and Future Directions
Part I: Emergence of Human Rights Concerns in Armed Conflict
Concepts of War and International Human Rights
Introduction
Conceptualizing War
War Studies
Existing Notions of War
State-Maker as War-Maker
Politico-cultural War
Conceptualizing International Human Rights
Universal Declaration of Human Rights
International Human Rights Law
Conclusion
References
Human Rights and the Just War Tradition
Introduction: Contemporary Thinking About Human Rights and War
Deeper Historical Survey of the Idea of Rights and Its Relation to Just War
Changes in the Modern Period
Developments Leading to the Present
Conclusion
References
Humanitarian Restraints in Early Modern Warfare
Introduction
Historical Developments Prior to 1850
Kill Them All and Let God Sort Them Out!
In the Beginning
The Middle Ages
The Beginning of Modern Times
Historical Developments from 1850 to 1900
Rise of the Humanitarians
Lieber Code
Rise of Humanitarian Conference Diplomacy
Historical Developments from 1900 to The Great War
LOACś Compliance Challenges
More Humanitarian Conference Diplomacy
The Great War
Conclusion
Cross-References
References
Contemporary Humanitarian Intervention
Introduction
Humanitarian Intervention: Definitions as Normative Qualifications
Humanitarian Intervention: Toward a Rules-Based International Order?
Rules and/or Power?
State Sovereignty
Who Acts? Who Decides?
The ``Problem ́́of Power
Humanity
The End of Interventionism?
Conclusion: Toward a Tragic International Order?
Cross-References
References
Part II: Public International Law Systems
International Human Rights Law and States of Emergency
Introduction
Analytical Framework: State of Emergency in an Ideological, Historical, and Societal Context
The Role of the Sovereign
The Threat from the Other
Securitization
The Origins of and National Variations in the Doctrine of Emergency
Suspension of Law and Dictatorship in Rome
State of Siege and France
Martial Law and the United Kingdom
The Weimar Constitution in the Interwar Period and Militant Democracy in Post-War Germany
The US Constitution
Emergency Powers and Constitutional Necessity in Sweden
International Law Framework
Accommodation of and Derogation from Human Rights Norms in the State of Peace
Derogation from Human Rights Norms in the State of Emergency
The European Convention on Human Rights