Sebanyak 58 item atau buku ditemukan

Application of International Humanitarian and Human Rights Law to the Armed Conflicts of the Sudan

Complementary Or Mutually Exclusive Regimes?

The death toll resulting from all the armed conflicts in the Sudan, including south Sudan and Darfur, has far exceeded that of the victims of many recent conflicts combined together; more than those of Rwanda, Former Yugoslavia, Sierra Leone and East Timor. Despite the tragic death toll, massive displacement, alleged genocide, crimes against humanity and war crimes, the Sudanese case has neither featured in the legal literature nor been mentioned in the practice of international Tribunals. This book aims to rectify this by focusing on the Sudans armed conflicts as a case study. Unlike the approach followed in the preponderant legal literature, which tends to focus on International Humanitarian Law as the only applicable regime in armed conflicts, this book brings on board Human Rights Law, which can be applied side by side with International Humanitarian Law. In this sense, it tries to build bridges between the two branches of international law. It focuses on the operation of both regimes at three levels: their scope of application, the protection they afford, and how they can be enforced or implemented. It critically highlights the Sudans laws and how they cohere with or contradict International Humanitarian Law and Human Rights Law. It particularly examines the Sudans military, criminal and Islamic laws and judicial practices and analyzes them in the light of International treaties ratified by the Sudan. It draws heavily on the practice of regional and UN human rights bodies and humanitarian organizations such as the ICRC. The legal materials included in the book constitute a good resource for future work in the field. Most of the materials were written in Arabic, and hence are unavailable in other jurisdictions. Thus, including them as translated materials will prove to be of great value for those who intend to familiarize themselves with the Sudans laws and practices in this field. With a preface by Jan Pronk, Former Special Representative of the Secretary General of the UN to Sudan.

Despite the tragic death toll , massive displacement , alleged genocide , crimes against humanity and war crimes ... It particularly examines the Sudan's military , criminal and Islamic laws and judicial practices and analyzes them in ...

The Protection of Human Rights Through International Law and International Criminal Law

This Work deals with chances and boundaries of the protection of Human Rights through International Law and International Criminal Law. It contains contributions by leading legal scholars and experts from all over the world and provides positive as well as skeptical attitudes.

This Work deals with chances and boundaries of the protection of Human Rights through International Law and International Criminal Law.

The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

This title is a comprehensive treatment of the development of international human rights law, international criminal law and international immunities, and asks whether states and their officials can shield themselves from foreign jurisdiction by invoking international immunity rules when human rights issues are involved.

Tried and tested by undergraduate law students across the UK. "Everything you could possibly want in a revision guide - to the point, user-friendly, easy-to-follow" Peter McNaughton, law student The Law Express series is tailored to help ...

International Criminal Law and Human Rights

This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.

This is an in-depth analysis of the complex and challenging field of international prosecution and human rights. It explains the role and operation of the International Criminal Court, and explores the various challenges confronting it.

Human Rights in Islamic North Africa

Clashes Between Constitutional Laws and Penal Codes

It is one thing to craft superb human rights tenets in a constitution and another to enforce such policies in practice. This book explores the contradictions between interpretations of constitutional tenets and the dogmas contained in the penal code of Islamic North Africa--particularly in regard to Algeria, Egypt, Libya, Morocco, and Tunisia. Provided are brief histories of each country that connect the colonial past to present-day human rights records. The author also suggests ways in which to mitigate human rights infractions to advance peaceful coexistence that could promote political and economic development.

Such communications may be received and considered according to the procedures laid down in this article only if ... No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not ...

Islamic Law and Human Rights

The Muslim Brotherhood in Egypt

This book explores the development of the Muslim Brotherhood’s thinking on Islamic law and human rights, and argues that the Muslim Brotherhood has exacerbated, rather than solved, tensions between the two in Egypt. The organisation and its scholars have drawn on hard-line juristic opinions and reinvented certain concepts from Islamic traditions in ways that limit the scope of various human rights, and advocate for Islamic alternatives to international human rights. The Muslim Brotherhood’s practices in opposition and in power have been consistent with its literature. As an opposition party, it embraced human rights language in its struggle against an authoritarian regime, but advocated for broad restrictions on certain rights. However, its recent and short-lived experience in power provides evidence of its inclination to reinforce restrictions on religious freedom, freedom of expression and association, and the rights of religious minorities, and to reverse previous reforms related to women’s rights. The book concludes that the peaceful management of political and religious diversity in society cannot be realised under the Muslim Brotherhood’s model of a Shari‘a state. The study advocates for the drastic reformation of traditional Islamic law and state impartiality towards religion, as an alternative to the development of a Shari‘a state or exclusionary secularism. This transformation is, however, contingent upon significant long-term political and socio-cultural change, and it is clear that successfully expanding human rights protection in Egypt requires not the exclusion of Islamists, but their transformation. Islamists still have a large constituency and they are not the only actors who are ambivalent about human rights. Meanwhile, Islamic law also appears to continue to influence Egypt’s law. The book explores the prospects for certain constitutional and institutional measures to facilitate an evolutionary interpretation of Islamic law, provide a baseline of human rights and gradually integrate international human rights into Egyptian law.

This book explores the development of the Muslim Brotherhood’s thinking on Islamic law and human rights, and argues that the Muslim Brotherhood has exacerbated, rather than solved, tensions between the two in Egypt.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples' human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples' lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples' rights to their customary legal regimes and states' obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

This highly original work demonstrates the role and importance of customary law as the primary source of law for indigenous peoples all over the world.

EDC/HRE Volume II: Growing Up in Democracy - Lesson Plans for Primary Level on Democratic Citizenship and Human Rights

Growing up in democracy is addressed to teachers who want to integrate Education for Democratic Citizenship (EDC) and Human Rights Education (HRE) in their daily subject teaching. Nine teaching units of approximately four lesson plans each give step-by-step instructions and include student handouts and background information for teachers. The complete manual provides a full school year's curriculum for students in primary school (grades 4 to 6), but as each unit is also complete in itself the manual allows great flexibility in use. It is therefore also suitable for textbook editors, curriculum developers, teacher trainers, student teachers and beginning teachers.The objective of EDC/HRE is to teach children to become active citizens who are willing and able to participate in the democratic community. Therefore, EDC/HRE strongly emphasise action and task-based learning. The school community is conceived as a sphere of authentic experience where young people can learn how to participate in democratic decision making and may take responsibility at an early age. Key concepts for EDC/HRE are taught as tools of life-long learning.

The complete manual provides a full school year's curriculum for students in primary school (grades 4 to 6), but as each unit is also complete in itself the manual allows great flexibility in use.