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See detailReviewing the Security Council: The Role of Other International Organisations
Happold, Matthew UL

in University of Luxembourg Law Working Paper No. 2011-04 (2011)

The recent activities of the Security Council of the United Nations with regards to Libya have highlighted once again how extensive its powers are. Acting under Chapter VII of the Charter of the United ... [more ▼]

The recent activities of the Security Council of the United Nations with regards to Libya have highlighted once again how extensive its powers are. Acting under Chapter VII of the Charter of the United Nations, the Council has imposed an arms embargo, frozen Libyan assets, referred the situation to the International Criminal Court, ordered a ‘no-fly zone’ and authorized the use of force short of occupying the territory to enforce it and to protect the civilian population. But, of course, ‘For unto whomsoever much is given, of him shall be much required’ or, to put it in contemporary idiom, ‘With great power comes great responsibility.’ Although we might agree that the Security Council is justified in acting to prevent a humanitarian catastrophe, the powers it disposes can be used for both good and ill. So what happens if and when the Council’s great powers are exercised irresponsibly? This paper examines two issues. The first is whether the Security Council is legibus solutus: that is, unbound by law. This examination, however, is only be preliminary to the second inquiry, which will consider which bodies are entitled to review the Security Council’s decisions to determine their vires and what, if they conclude that the Council has exceed its powers, they can do about it. Given that today all but one or two provocateurs consider that the Council is not legally unbound, one might consider that absent some body external to the Security Council willing and able to act to scrutinize its actions to review their conformity with the Council’s legal powers, whether the Council will step outside of the limits of legality depends solely on the Council itself; a situation would render any legal limits to its powers illusory. Debate, in this context, has tended to focus on judicial review; on whether the Council’s actions can be reviewed by some court or tribunal. At first, it was the role of the International Court of Justice that was scrutinised. More recently attention has shifted to look at other courts and tribunals, both national and international. However, as will be shown, judicial review of the Security Council’s actions cannot serve as a means to control the Council. The International Court of Justice will not, and other courts and tribunals cannot, effectively undertake such a task. However, another option does exist: review by the United Nations member States themselves. It will be argued that the practice of States shows that there are limits to the power of the Security Council, and that States frame those limits in legal terms. States have asserted a ‘right of last resort’ to review the legality of Council decisions and to act accordingly. In particular, they have done so acting collectively through the political organs of international organisations. [less ▲]

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See detailChild Prisoners in War
Happold, Matthew UL

in Scheipers, Sibylle (Ed.) Prisoners in War (2010)

The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ... [more ▼]

The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ensuing legal and political problems concerning detainees in those conflicts. This book analyzes these contemporary problems and challenges against the background of their historical development. It provides a multidisciplinary yet highly coherent perspective on the historical trajectory of legal and ethical norms in this field by integrating the historical analysis of war with a study of the emergence of the modern legal regime of prisoners in war. In doing so, it provides the first comprehensive study of prisoners, detainees and internees in war, covering a broad range of both regular and irregular wars from the crusades to contemporary counterinsurgency campaigns. The book revolves around two major developments: First, there has been a continuous increase in the political relevance of prisoners in war, in particular since the emergence of POW camps in the nineteenth century. Secondly, and related, the growth in the legal regime pertaining to prisoners had contradictory consequences. Whilst it enhanced the protection of prisoners in regular conflicts, its state-centric bias tends to exclude combatants who do not fit the template of regular inter-state war. Detainees in the 'war on terror' embody both tendencies, the development of which, however, is by no means a novel phenomenon. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War. [less ▲]

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See detailCommentaries on Baba Masao, Buck, Feuerstein, Gozawa, Heyer (Essen Lynching), Jepsen, Killinger (Dulag Luft), Nadler, Sandrock (Almelo) and Tesch (Zyklon B) cases
Happold, Matthew UL

in Cassese, Antonio (Ed.) Oxford Companion to International Criminal Justice (2009)

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See detailChild Recruitment as a Crime under the Rome Statute of the International Criminal Court’, in Memory of Igor Blischenko, Brill: Leiden, 2009, at pp. 581-609.
Happold, Matthew UL

in Doria, José; Gasser, Hans-Peter; Bassiouni, M. Cherif (Eds.) The Legal Regime of the International Criminal Court: Essays in Memory of Igor Blischenko (2009)

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See detailSymposium: The Relationship between International Humanitarian Law and International Human Rights Law
Happold, Matthew UL; Eden, Paul

in Journal of Conflict & Security Law (2009), (14), 441-447

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See detailChild Recruitment as a Crime under the Rome Statute of the International Criminal Court
Happold, Matthew UL

in Doria, José, Gasser, Hans-Peter (Ed.) The Legal Regime of the International Criminal Court: Essays in Honour of Professor Igor Blishchenko (2009)

Although children have always participated in armed conflict, over the past few decades their recruitment and use as child soldiers has become a matter of increasing international concern. This concern ... [more ▼]

Although children have always participated in armed conflict, over the past few decades their recruitment and use as child soldiers has become a matter of increasing international concern. This concern has manifested itself in several ways. There has been a concerted effort to strengthen the legal standards restricting children's recruitment into armed forces and groups and their participation in hostilities, and an increased involvement by the political organs of the United Nations in monitoring compliance with the rules. In addition, however, there has been a move to criminalisation; that is, to subject individuals who violate the international rules governing the recruitment and use of child soldiers to criminal sanction. The most significant result of this last development has been the criminalisation of child recruitment in the Rome Statute of the International Criminal Court. Indeed, the first defendant to appear before the Court has been charged exclusively with child recruitment. Despite this, however, uncertainties remain about the definition of the crime. This article seeks to analyse the relevant provisions in the Rome Statute to elucidate better their meaning. However, it also argues that the specific crime of child recruitment cannot be viewed in isolation. Children suffer from other violations of their rights in armed conflicts, which the Court should also prosecute. What is in the best interests of child victims and witnesses needs to be considered at all stages of the criminal process. The issues that arise concern the Office of the Prosecutor and the Registry as much as Chambers, requiring all of the organs of the Court to exercise judgment to ensure justice is done both to the accused and to the alleged child victims of their crimes. [less ▲]

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See detailChild Prisoners in War
Happold, Matthew UL

in Oxford (2008)

In recent years children's recruitment and use to participate in hostilities has become a matter of increasing international concern. Yet the rules specifically governing their participation, including ... [more ▼]

In recent years children's recruitment and use to participate in hostilities has become a matter of increasing international concern. Yet the rules specifically governing their participation, including those regulating their treatment when captured by an adverse party to a conflict, are sparse. A disinclination to face the fact that, despite the increasingly stringent legal prohibitions governing their recruitment into armed forces and groups, children continue to take part in hostilities may lie behind the paucity of legal rules governing their participation. Moreover, the fact that most use of child soldiers takes place in non-traditional armed conflicts and is by non-State actors can give rise to difficulties regarding the rules applicable to such conflicts and the legal status of child combatants within them. This paper analyses the current legal regulation of the treatment of child prisoners in war, before examining how child soldiers have in practice been treated in the ongoing global "war on terror". [less ▲]

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See detailCase Comment: Prosecutor v Lubanga
Happold, Matthew UL

in International and Comparative Law Quarterly (2007), 56

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See detailHamdan v Rumsfeld and the Law of War
Happold, Matthew UL

in Human Rights Law Review (2007), 7

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See detailThe International Criminal Court and the Lord’s Resistance Army
Happold, Matthew UL

in Melbourne Journal of International Law (2007), 8

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See detailThe Age of Criminal Responsibility in International Criminal Law
Happold, Matthew UL

in International Criminal Accountability and the Rights of Children (2006)

In recent years, there has been a growth in concern about the recruitment and use of child soldiers. A recent survey by the Coalition to Stop the Use of Child Soldiers found that during the period 2001-4 ... [more ▼]

In recent years, there has been a growth in concern about the recruitment and use of child soldiers. A recent survey by the Coalition to Stop the Use of Child Soldiers found that during the period 2001-4 children were actively involved in conflict in some 27 countries around the world. Efforts have focused on prohibiting the recruitment and use of children to participate in hostilities, and, more recently, in seeking to prosecute those responsible for such practices. However, one of the reasons why armed forces and groups recruit child soldiers is that they are more easily led and more suggestible than are adults. Children are less socialised, and more docile and malleable than adults, and hence are more easily persuaded or coerced into committing atrocities. Even if not specifically recruited for such purposes, children's lack of mental and moral development may mean that they are more prone to behaving badly than are adult troops. Indeed, in a number of recent conflicts child soldiers have been used deliberately to commit atrocities. This article seeks to discuss how international law might deal with child soldiers who commit international crimes, focusing on whether there exists a minimum age of criminal responsibility in international criminal law. It concludes that there are good reasons, from a children's rights perspective, for seeing children as moral actors and, hence, accountable for their actions. However, accountability does not always involve criminal responsibility. Even if held criminally responsible for their actions, children should not necessarily be dealt with in the same ways as adults. [less ▲]

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See detailDarfur, the Security Council and the International Criminal Court
Happold, Matthew UL

in International and Comparative Law Quarterly (2006), 55

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See detailII. Darfur, the Security Council, and the International Criminal Court
Happold, Matthew UL

in International and Comparative Law Quarterly (2006), 55(1), 226-236

[No abstract available]

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See detailThe Age of Criminal Responsibility in International Criminal Law Vesselin (eds), International Criminal Accountability and Children’s Rights, T.M.C. Asser Press: The Hague, 2006, at pp. 69-84
Happold, Matthew UL

in Arts, Karin; Popovski, Vesselin (Eds.) International Criminal Accountability and Children’s Rights (2006)

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See detailInternational Humanitarian Law, War Criminality and Child Recruitment
Happold, Matthew UL

in Leiden Journal of International Law (2005), 18

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See detailChild Soldiers in International Law
Happold, Matthew UL

Book published by Manchester university press (2005)

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See detailDams and International Law
Happold, Matthew UL

in de Chazournes, L. Boisson; Salman, S.M.A. (Eds.) Les ressources en eau et le droit international/Water Resources and International Law (2005)

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See detailThe Detention of Al-Qaeda Suspects at Guantanamo Bay: United Kingdom Perspectives
Happold, Matthew UL

in Human Rights Law Review (2004), 4

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