This chapter outlines the core focus of this book, namely the malleability of the structures that underpin poverty and inequality in post-conflict states. It defines what is meant by ‘post-conflict’ for the purposes of the book and argues that certain structural and post-conflict variables have been insufficiently included in fourth-generation transitional justice.
Browse by title
The maintenance of international peace and security is the very first purpose of the United Nations. The International Court of Justice, the single most important source of international jurisprudence in this area, has a clear understanding of this goal and of its role in achieving it. From the landmark Corfu Channel case to the seminal Nicaragua case and afterwards, the International Court of Justice has developed a sustainable case law on the use of force in international law, in which the Nicaragua case endures as the single pre-eminent judgment. This chapter considers three key aspects established by the Court’s case law — the illegality of unilateral uses of force by states, the necessary threshold for a use of force to give rise to an entitlement to self-defense, and the complementarity of action by United Nations organs in this field. KEYWORDS: peace and security judgments, International Court of Justice, Nicaragua case, use of force, aggression, self-defense
Nation States are increasingly asserting jurisdiction over criminal offences that occur extraterritorially. To some extent, this is a response to transnational criminal activity, such as money laundering, terrorism and human trafficking. The assertion of jurisdiction by States outside their territory, however, has been a source of continuing controversy and legal uncertainty. This is because the principles of jurisdiction under international law do not adequately resolve competing claims to jurisdiction and are primarily concerned with the relationship between States and not as between the State and the individual. Further, the regulation of extraterritorial jurisdiction has not kept pace with extraterritorial activity. Keywords Extraterritorial; Jurisdiction; History; Sovereignty; Transnational; Crime.