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In 1994, the United Nations Development Programme (UNDP) coined the term 'human security' in the seminal UNDP Human Development Report. This report approached 'security' for the first time from a holistic perspective: security would no longer be viewed from a purely military perspective, but rather it would encapsulate economic, food, health, environmental, personal, community and political security. Although the concept of human security accords a higher status to individual than to governmental interests, human security discourses have continually emphasised the central role of States as providers of human security. This volume challenges this paradigm, and highlights the part played by non-state actors in both threatening human security and also in rescuing or providing relief to those whose human security is endangered. It does so from a legal perspective, (international) law being one of the instruments used to realise human security as well as being a material source or guiding principle for the formation of human security-enhancing policies.
In particular, the volume critically discusses how various non-state actors, such as armed opposition groups, multinational corporations, private military / security companies, non-governmental organisations, and national human rights institutions, participate in the construction of such policies, and how they are held legally accountable for their adverse impact on human security.
Cedric Ryngaert is Associate Professor of International Law at Utrecht University and Leuven University. He is Co-rapporteur of the International Law Association's Committee on Non-State Actors and senior member of the Leuven Centre for Global Governance Studies as well as the Dutch School for Human Rights Research. His research was funded by the Innovational Research Incentive Scheme of the Netherlands Organisation for Scientific Research (NWO VENI). Math Noortmann is Professor in International Relations and Public International Law at Oxford Brookes University (UK). He chairs the International Law Association's Committee on Non-State Actors and convenes the International Law Working Group of the British International Studies Association. He is the founder and General Editor of the Ashgate Series on Non-State Actors in International Law, Politics and Governance and is a member of the Editorial Board of the Journal of International Law of Peace and Armed Conflict. He is an advisory board member of the Terrorism and Political Violence Association.
Preface Abbreviations Human Security and International Law: the Challenge of Non-State Actors Cedric Ryngaert and Math Noortmann Human Securities, International Laws and Non-State Actors: Bringing Complexity Back In Math Noortmann 1. Introduction 2. Understanding Human Security as a Holistic Concept 3. International Law and Human Security: Undoing Exclusiveness and Fragmentation? 3.1. Human Security, Human Rights and International Humanitarian Law 3.2. Human Security and International Law: Defragmentation? 4. Non-State Actors: Human Security Beyond the State 5. Conclusion Ensuring Human Security in Armed Conflicts: The Role of Non-State Actors and its Reflection in Current International Humanitarian Law Veronika Bilkova 1. Setting the Scene: Concepts and Legal Framework 1.1. Human Security 1.2. Armed Conflicts 1.3. Non-State Actors 1.4. International Humanitarian Law 2. Exploring the Scene: NSAs and Human Security in Armed Conflicts 2.1. The International Committee of the Red Cross 2.2. Non-Governmental Organisations 2.3. Armed Opposition Groups 2.4. National Liberation Movements 2.5. Private Military and Security Companies 2.6. Transnational Corporations 2.7. Mass Media 3. Assessing the Scene: Complex Roles vs. Stereotyped Images The Role of Non-State Actors in Implementing the Responsibility to Protect Gentian Zyberi 1. Introduction 2. The Responsibility to Protect Doctrine 3. The Involvement of Non-State Actors in Implementing R2P: A Modest Attempt towards Categorisation 3.1. Pillar One: Obligations of Armed Opposition Groups 3.2. Pillar Two: International Assistance and Capacity-Building 3.2.1. Conflict Monitoring and Early Warning 3.2.2. Advocacy, Awareness, and Documentation of Violations Concerning the Responsibility to Protect 3.2.3. Humanitarian Assistance to Populations Aff ected by Armed Conflict 3.3. Pillar Three: Enforcing Responsibility to Protect Obligations through the International Criminal Court 4. Concluding Remarks. National Human Rights Institutions, Displacement and Human Security Richard Carver 1. NHRIs: Their Role and Character 2. Human Rights, Displacement and Humanitarian Crises: the Evolving Normative Framework 3. NHRIs and Refugees 3.1. Australia 3.2. Malaysia 4. NHRIs and Internal Displacement 4.1. Sri Lanka 4.2. Georgia 4.3. Colombia 5. NHRIs and Disasters 6. NHRIs and Displacement: Some Common Themes 6.1. Complaints-Driven vs. Systemic Responses 6.2. NHRIs as an International Network on Displacement 7. A Future for NHRI Work on Displacement? Threats Posed to Human Security by Non-State Corporate Actors: the Answer of International Criminal Law Cedric Ryngaert and Heleen Struyven 1. Definition of Complicity 2. The Foundations of Corporate Complicity in International Crimes: the Nuremberg Trials 3. International Criminal Tribunals Post-Nuremberg 4. US Litigation under the Alien Tort Claims Act 5. Corporate Complicity in Dutch Courts 6. Synthesis: Identifying the Elements of a Corporate Complicity Standard. 6.1. Actus reus 6.2. Mens rea 6.3. Proximity and Foreseeability 7. Concluding Observations The Arms Trade Treaty and Human Security: What Role for NSAs? Zeray Yihdego 1. Introduction: International Law of Arms Control and Human Security 2. The Trade in Conventional Arms: Understanding the Problem and Actors 2.1. Conventional Weapons a Major Threat or Necessary Tools for Human Security? 2.2. Actors, Normative Issues and Gaps 3. The Role of Non-State Actors in the ATT Process 3.1. Background 3.2. The Arms/Defence Industry 4. The Role of Civil Society Organisations: a Battle for and against an ATT 4.1. The Battle for a Strong ATT 4.2. The Battle against, or for a Weaker, ATT 5. Implications for Arms Control Law and Human Security 5.1. State-centric vs. Civil Society Inclusive Process 5.2. The Arms Industry's Participation: Was/Is It Necessary? 6. Analysis, Observations and Conclusions 6.1. Analysis 6.2. Observations 6.3. Conclusions Constructive Constraints? Conceptual and Practical Challenges to Regulating Private Military and Security Companies Surabhi Ranganathan 1. The Rise and Rise of PMSCs 2. Neither Dogs of War nor Pussycats of Peace 3. Similarly Different? 4. Unpacking State Regulation 5. Conclusion Towards a (New) Human Security-Based Agenda for International Law and Non-State Actors? Math Noortmann and Cedric Ryngaert 1. Human Security as a Legal Concept 2. Human Security: From the State to Non-State Actors 3. Final Observations
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