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Vol 23 No 5 May/June 2018

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The Protection of Non-Combatants During Armed Conflict and Safeguarding the Rights of Victims in Post-Conflict Society: Essays in Honour of the Life and Work of Joakim Dungel

Edited by: Philipp Ambach, Frederic Dawson Grant Bostedt, Steve Kostas

ISBN13: 9789004236585
Published: June 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £140.00

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This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work.

Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity.

This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them.

Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.

Public International Law
I. About the Authors and Editors
II. Foreword
III. Acknowledgements
IV. Introduction

Part One – Addresses from the Joakim Dungel Lectures in International Justice
V. An Analysis of Whether the Actions of the 7th Cavalry at Wounded Knee Creek on 29 December 1890 Were Crimes Under the Applicable Law of the Time
VI. About Responsibility
VII. Drones and the Law of Armed Conflict: the State of the Art

Part Two – The Protection of Non-Combatants During Armed Conflict
VIII. Protecting Children in Armed Conflict Through Complementary Processes of Political Engagement and International Criminal Law
IX. Target practice: Do United Nations Sanctions Protect Civilians against Al-Qaida?
X. The United Nations in Afghanistan: Policy as Protection?
XI. A Deterrent Effect of Domestic German Prosecutions for Crimes Committed by German Military in Afghanistan? – Protecting Civilians from Inadvertent Attacks by Friendly Foreign Forces
XII. Criminalising the Denial of a Fair Trial as a Crime Against Humanity
XIII. The Place of International Criminal Law Within the Context of International Humanitarian Law
XIV. Disproportionate Attacks in International Criminal Law
XV. Judicial ‘Law-Making’ in the Jurisprudence of the ICTY and ICTR in Relation to Protecting Civilians from Mass Violence: How Can Judge-Made Law be Brought into Coherence with the Doctrine of the Formal Sources of International Law?
XVI. The African Court on Human and Peoples’ Rights and the Use of Provisional Measures for the Protection of the Civilian Population in Armed Conflict Situations

Part Three – Safeguarding the Rights of Victims in Post-Conflict Society
XVII. Promoting and Protecting the Long-term Needs of Victims of Armed Conflict: The Potential Role of National Human Rights Institutions
XVIII. La Reconnaissance du Bénéfice de l’Indemnisation aux Victimes de Violations des Droits de l'Homme par la Cour Internationale de Justice
XIX. The ICC Reparations Scheme: Promise for Victims or Recipe for Failure? – A Critical Discussion of Joakim Dungel’s Unpublished Article ‘Reparations and the