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Reparation for Victims of Collateral Damage

Reparation for Victims of Collateral Damage
Author: Alphonse Muleefu
Publisher:
Total Pages: 0
Release: 2014
Genre: Civilians in war
ISBN: 9789462401839

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The laws of war protect non-combatants against the adverse effects of war. Belligerents are prohibited from attacking non-combatants or civilian properties directly and causing incidental damage that is excessive in relation to the military objective. In case of a violation, victims have a right to reparation. However, the laws of war do not provide total protection. Noncombatants can be accidently or incidentally harmed or their properties destroyed without making that conduct a violation. Since reparation is tied to violations of existing laws of war, victims of lawful incidents (collateral damage) are excluded. This book discursively investigates the basis for this normative discrimination and examines the grounds (moral, legal, and policy) on which reparation to victims of collateral damage could be (un)justifiable. [Subject: Human Rights Law, Law of War]


Reparations and War

Reparations and War
Author: Luke Moffett
Publisher: Oxford University Press
Total Pages: 337
Release: 2023-01-13
Genre: Political Science
ISBN: 0192865587

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War devastates the lives of those who are caught up in it. For thousands of years, reparations have been used to secure the end of war and alleviate its deleterious consequences. More recently, human rights law has established that victims have a right to reparations. Yet, in the face of conflicts that last for decades with millions of victims, how feasible are reparations? And what are the obstacles to delivering them? Using interviews with hundreds of victims, ex-combatants, government officials, and civil society actors from six post-conflict countries, Reparations and War examines the history, theoretical justifications, and practical challenges of implementing reparations after war. It examines the role of non-state armed groups in making reparations, the role of victim mobilisation, the evolving use of reparations, and the political instrumentalization of redress. Luke Moffett offers a measured and honest account of what reparations can and cannot do. This book sheds new light on how reparations can be politically manipulated, or used to reward those loyal to the State, rather than to achieve justice for the victims who suffer.


Collateral Damage

Collateral Damage
Author: Frederik Rosén
Publisher: Critical War Studies
Total Pages: 0
Release: 2016
Genre: History
ISBN: 9781849044073

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The dilemmas precipitated by the unintentional killing of civilians in war, or 'collateral damage', shape many aspects of military conduct, yet noticeable by its absence has been a methodical examination of the place and role of this phenomenon in modern warfare. This book offers a fresh perspective on a distressing consequence of conflict. Rosén explains how collateral damage is linked to ideas of authority, thereby anchoring it to the existential riddles of our individual and collective lives, and that this peculiar form of death constitutes an image of what it means to be human. His investigation of collateral damage is notable too for how the death of non-combatants sheds light on some of today's critical challenges to war and global governance, such as the growing role of non-state actors, mercenary contractors and the impact of military privatization. In the ethical realm those who successfully prove that collateral damage has occurred also enter the debate about which institutions may exert authority and thus how a truly decentralized world might be organized. This is why the in many ways underrepresented victims of collateral damage appear on closer inspection to have experienced a most significant form of death.


Reparations for Victims of Armed Conflict

Reparations for Victims of Armed Conflict
Author: Cristián Correa
Publisher: Cambridge University Press
Total Pages: 303
Release: 2020-12-17
Genre: Law
ISBN: 1108480950

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Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.


Victim Reparation under the Ius Post Bellum

Victim Reparation under the Ius Post Bellum
Author: Shavana Musa
Publisher: Cambridge University Press
Total Pages: 564
Release: 2019-01-03
Genre: Law
ISBN: 1108638104

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Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.


Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity
Author: Carla Ferstman
Publisher: BRILL
Total Pages: 585
Release: 2009
Genre: Law
ISBN: 9004174494

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This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Compensation for Losses from the 9/11 Attacks

Compensation for Losses from the 9/11 Attacks
Author: Lloyd S. Dixon
Publisher: Rand Corporation
Total Pages: 218
Release: 2004
Genre: Business & Economics
ISBN: 9780833036919

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The terrorist attacks of September 11, 2001, caused tremendous loss of life, property, and income, and the resulting response from public and private organizations was unprecedented. This monograph examines the benefits received by those who were killed or seriously injured on 9/11 and the benefits provided to individuals and businesses in New York City that suffered losses from the attack on the World Trade Center. The authors examine the performance of the compensation system--insurance, tort, government programs, and charity--in responding to the losses stemming from 9/11.


Collateral Damage Or Unlawful Killings?

Collateral Damage Or Unlawful Killings?
Author: Ken Coates
Publisher: Spokesman Books
Total Pages: 0
Release: 2000
Genre: Jugoslavien
ISBN: 9780851246413

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Counting Civilian Casualties

Counting Civilian Casualties
Author: Taylor B. Seybolt
Publisher: Oxford University Press
Total Pages: 331
Release: 2013-07-11
Genre: History
ISBN: 0199977305

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Counting Civilian Casualties aims to promote open scientific dialogue by high lighting the strengths and weaknesses of the most commonly used casualty recording and estimation techniques in an understandable format.