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Archive | 2014

Weapons under international human rights law

Stuart Casey-Maslen

Part I. The Use of Weapons in Law Enforcement: 1. The use of firearms in law enforcement Stuart Casey-Maslen 2. The use of less-lethal weapons in law enforcement Abi Dymond and Neil Corney 3. Crowd management, crowd control, and riot control Stuart Casey-Maslen 4. The use of weapons in custodial centres Silvia Suteu 5. The use of weapons in counterpiracy Alice Priddy Part II. International Human Rights Law and Conflict: 6. Weapons and armed non-State actors Andrew Clapham 7. The use of weapons in peace operations Nigel White 8. The use of weapons in armed conflict Stuart Casey-Maslen and Sharon Weill 9. The use of weapons and jus ad bellum Stuart Casey-Maslen Part III. Weapons and Technologies under International Law: 10. Cyberattacks and international human rights law David P. Fidler 11. The use of riot control agents in law enforcement Michael Crowley 12. The use of incapacitants in law enforcement Michael Crowley 13. The use of armed drones Stuart Casey-Maslen Part IV. Weapons Design, Acquisition, and Transfer under Human Rights Law: 14. The review of weapons under international humanitarian and human rights law Stuart Casey-Maslen, Abi Dymond and Neil Corney 15. Arms transfers and international human rights law Annyssa Bellal 16. Implications for arms acquisitions of economic, social, and cultural rights Gilles Giacca and Tahmina Karimova Part V. Responsibility for Unlawful Use of Weapons under Human Rights Law: 17. Weapons and the human rights responsibilities of multinational corporations Ralph Steinhardt 18. Remedies and reparations Megan Burke and Loren Persi-Vicentic Part VI. Future Regulation of Weapons under International Law: 19. Existing and future weapons and weapons systems Stuart Casey-Maslen.


Archive | 2014

Nuclear weapons under international law

Gro Nystuen; Stuart Casey-Maslen; Annie Golden Bersagel

List of contributors Foreword Charles Garraway Editors preface Disclaimer Introduction Gro Nystuen and Stuart Casey-Maslen Part I. Nuclear Weapons and Jus Ad Bellum: 1. Using force by means of nuclear weapons and requirements of necessity and proportionality ad bellum Nobuo Hayashi 2. Legality under jus ad bellum of the threat of use of nuclear weapons Nobuo Hayashi 3. Nuclear weapons and the separation of jus ad bellum and jus in bello Jasmine Moussa Part II. Nuclear Weapons and International Humanitarian Law: 4. The use of nuclear weapons under rules governing the conduct of hostilities Stuart Casey-Maslen 5. Nuclear weapons and the unnecessary suffering rule Simon OConnor 6. Threats of use of nuclear weapons and international humanitarian law Gro Nystuen 7. The use of nuclear weapons as a reprisal under international humanitarian law Stuart Casey-Maslen Part III. International Criminal Law: 8. Use of nuclear weapons as genocide, a crime against humanity, or a war crime Stuart Casey-Maslen 9. Use of nuclear weapons as an international crime and the Rome Statute of the International Criminal Court Annie Golden Bersagel Part IV. International Environmental Law: 10. Use of nuclear weapons and protection of the environment during international armed conflict Erik V. Koppe 11. Environmental approaches to nuclear weapons Martina Kunz and Jorge E. Vinuales 12. The testing of nuclear weapons under international law Don MacKay Part V. International Disarmament Law: 13. International law, nuclear weapon-free zones, and the proposed zone free of weapons of mass destruction in the Middle East Marco Roscini 14. Nuclear weapon-free zones: the political context Cecilie Hellestveit and Daniel Mekonnen 15. The Nuclear Non-Proliferation Treaty Gro Nystuen and Torbjorn Graff Hugo 16. The legal meaning and implications of Article VI of the Non-Proliferation Treaty Daniel H. Joyner 17. Armed non-state actors and nuclear terrorism Stuart Casey-Maslen Part VI. International Human Rights Law: 18. Human rights law and nuclear weapons Louise Doswald-Beck 19. The right to a remedy and reparation for the use of nuclear weapons Stuart Casey-Maslen Part VII. The Legality of Nuclear Weapons under International Law: 20. Conclusions on the status of nuclear weapons under international law Gro Nystuen.


Archive | 2014

1990 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials

Stuart Casey-Maslen

Whereas the work of law enforcement officials 1 is a social service of great importance and there is, therefore, a need to maintain and, whenever necessary, to improve the working conditions and status of these officials, Whereas a threat to the life and safety of law enforcement officials must be seen as a threat to the stability of society as a whole, Whereas law enforcement officials have a vital role in the protection of the right to life, liberty and security of the person, as guaranteed in the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil and Political Rights, Whereas the Standard Minimum Rules for the Treatment of Prisoners provide for the circumstances in which prison officials may use force in the course of their duties, Whereas article 3 of the Code of Conduct for Law Enforcement Officials provides that law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty, Whereas the preparatory meeting for the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Varenna, Italy, agreed on elements to be considered in the course of further work on restraints on the use of force and firearms by law enforcement officials, Whereas the Seventh Congress, in its resolution 14, inter alia , emphasizes that the use of force and firearms by law enforcement officials should be commensurate with due respect for human rights, invited Member States to pay particular attention in the implementation of the Code to the use of force and firearms by law enforcement officials, and the General Assembly, in its resolution 41/149 of 4 December 1986, inter alia , welcomed this recommendation made by the Council, Whereas it is appropriate that, with due regard to their personal safety, consideration be given to the role of law enforcement officials in relation to the administration of justice, to the protection of the right to life, liberty and security of the person, to their responsibility to maintain public safety and social peace and to the importance of their qualifications, training and conduct, The basic principles set forth below, which have been formulated to assist Member States in their task of ensuring and promoting the proper role of law enforcement officials, should be taken into account and respected by Governments within the framework of their national legislation …


Archive | 2014

Nuclear weapon-free zones

Cecilie Hellestveit; Daniel Mekonnen; Gro Nystuen; Stuart Casey-Maslen; Annie Golden Bersagel

Nuclear-weapon-free zones (NWFZs) represent important contributions to the achievements of the NPT’s broader goals of nonproliferation and disarmament. The NPT discusses regional nuclearweapon-free zones in Article VII, which states that “nothing in this Treaty affects the right of any group of States to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories.”


Archive | 2014

The war report : armed conflict in 2013

Stuart Casey-Maslen


Archive | 2010

The convention on cluster munitions : a commentary

Gro Nystuen; Stuart Casey-Maslen


Archive | 2013

The War Report : 2012

Stuart Casey-Maslen


Archive | 2017

Police Use of Force under International Law by Stuart Casey-Maslen

Stuart Casey-Maslen; Sean Connolly


Archive | 2014

Legality under jus ad bellum of the threat of use of nuclear weapons

Nobuo Hayashi; Gro Nystuen; Stuart Casey-Maslen; Annie Golden Bersagel


Archive | 2014

The use of incapacitants in law enforcement

Michael Crowley; Stuart Casey-Maslen

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Daniel Mekonnen

University of the Free State

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