International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Ill
International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the reg
- PDF / 4,422,864 Bytes
- 259 Pages / 473.921 x 668.027 pts Page_size
- 89 Downloads / 194 Views
1 International Human Right to Conscientious Objection
International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders
1 23
International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders
Hitomi Takemura
International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders
123
Dr. Hitomi Takemura [email protected]
ISBN 978-3-540-70526-0
e-ISBN 978-3-540-70527-7
Library of Congress Control Number: 2008935625 c 2009 Springer-Verlag Berlin Heidelberg This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMX Design GmbH, Heidelberg, Germany Printed on acid-free paper 9 8
7
6 5
springer.com
4
3 2
1
Preface
The task of this study lies in clarifying the efforts of contemporary public international law, across several categories, in relation to the rights and duties of individuals to the international community. Individual criminal accountability is an interesting development of the international community, challenging a traditional framework of public international law. At the same time, the argument whether individuals may stand up and take action against their own country on the basis of international obligations and international human rights is also a stimulating topic for public international law. It necessitates interdisciplinary research within public international law. Therefore this study will tackle this ambitious task, though not exhaustively. Both international criminal justice and the right to conscientious objection in international human rights law are developing notions. Aspirations to create a world of peace and stability may contribute to the further development of these two notions. The importance given to the individual within the international community is at the heart of this study. Individuals should not sit on the sidelines, shielded by their States; instead, they need to take international law seriously in the twenty-first century, when, like it or not, the fearfully ambiguous word ‘globalisation’ is the word for our times (Annan 2000, pp. 9–17). The right to conscientious objecti
Data Loading...
