This chapter draws attention to a dynamic range of arts-based sanctuary practices emerging across diverse geographies. By explicitly attending to these artful practices, the chapter offers an understanding of sanctuary as more than a sum of government policies and initiatives. More specificallty, the chapter asks: what role do these practices play in constituting and mobilising discourses of sanctuary? The chapter argues that these creative expressions might be collectively understood as ‘sanctuary artivism’. Artivism is politically significant for three key reasons. First, it exposes forms of everyday and ‘slow’ violence often invisiblised through a state-centric lens. Second, by affectively and intimately revealing insidious forms of violence, sanctuary artivism emboldens collective forms of resistance. Finally, sanctuary artivism enacts generative solidarities and modes of citizenship that exceed statist forms of political belonging. Contra a growing body of sanctuary scholarship, the chapter argues that these sanctuary expressions cannot be adequately understood through traditional scales of the city, the nation, or even the planet. Rather, these sanctuary politics are better understood through the register of the ‘global-intimate’. The chapter concludes by calling for a deepened understanding of, and engagement with, the global intimacies of sanctuary artivism as vital components in building more expansive geopolitical imaginations.

Problems have arisen since the adoption of the United Nations Convention on the Law of the Sea (UNCLOS). If it is suggested that UNCLOS constitutes lex generalis it must be indicated that it cannot invalidate any rights arising under lex specialis such as the law of armed conflict, unless there is incontrovertible evidence in the text that it was intended to override such lex specialis. When deciding whether a ship was trading with an enemy port, or whether its cargo was intended for an adverse party, Prize Courts developed the doctrines of continuous voyage and ultimate destination. In maritime warfare only properly authorised combatants are permitted to participate in warlike activities. By Hague Convention VI enemy merchant ships in ports of the adverse party at the outbreak of hostilities were allowed to depart and were granted a period of grace for the purpose.

The overriding purpose of the United Nations is the preservation of peace. When states have agreed to second forces to the United Nations either for enforcement or for peacekeeping activities, they do so through agreements which specify the administrative, financial and disciplinary arrangements that are to apply, although supreme authority rests with the Secretary General. While the decisions of the Security Council are legally binding upon all members, it must be borne in mind that the Council is made up of the representatives of the member states, who act according to instructions received from their governments. Even with North Atlantic Treaty Organisation (NATO), the problems which confront the United Nations, including command, discipline, rules of engagement and the like, are of equal significance. In both the former Yugoslavia, especially in relation to Kosovo, and in Afghanistan, NATO took over the military operations against the 'terrorists'.

Like other branches of international law, the law of armed conflict has no permanent means to secure its observance. Apart from the procedures established regarding prevention and supervision of breaches of the law, the surest guarantee of observance is compliance by a belligerent, even though reprisals or other retaliatory measures, such as the taking of hostages, are forbidden. Under the Geneva Conventions no party is able to absolve itself from liability, criminal or otherwise, for any grave breach of those Conventions. Protocol I introduced a new method of seeking to avoid breaches of the law or dealing with them when they occur. The greatest innovation effected by the Protocol in relation to supervision of its execution is the establishment of a permanent International Fact-Finding Commission which came into existence in 1992.

While immigration policy making has traditionally been the sole prerogative of nation-states, recent research has documented increased instances of migration policy making at sub-national levels across migrant receiving societies. These findings have begun to bring attention to the ways in which immigration policy is now being set through the actions of lower levels of government. This chapter extends these findings, arguing for attention to the role of sub-national actors in defining the politics of contemporary processes of migration, settlement, and incorporation. The chapter engages with these broader issues by discussing a group of sub-national actions, the implementation of migrant labour market regularisations (LRs) in the US. LRs are discrete arenas of policy making at the sub-national level that affect aspects of migrant workers' status and include laws and ordinances related to anti-solicitation, language access, local enforcement of federal immigration law, and employment verification. The chapter thus builds on findings from individual case studies, through an analysis of a unique national dataset of over 3,000 LRs passed in US counties and municipalities between 2001 and 2015. In doing so, the chapter provides a national perspective on the social, economic, and political processes influencing the adoption of LRs over time and across space.

The practice of distinguishing between those wounded or sick in land and sea warfare resulted in the adoption of distinct Conventions at Geneva in 1949, but Protocol I, 1977, deals with the wounded, sick and shipwrecked collectively. For other prisoners of war, the Conventions relating to the care of the wounded, sick and shipwrecked are under the scrutiny of the Protecting Power and do not detract from the general humanitarian activities of the International Committee of the Red Cross (ICRC). In a land engagement, agreement may be reached between opposing commanders for the exchange, removal and transport of the wounded in the field. Whenever possible, similar arrangements should be made for the removal of the wounded and sick by land or sea from any besieged or encircled area and for the passage of medical personnel or chaplains proceeding to such an area.

The architecture of the courtroom placed boundaries on, and provided opportunities for, the production of ‘the law’. This chapter explores the physical environment of the courtroom, looking first at the Four Courts in Dublin, then at the provincial courts. It explores how architecture situated particular legal actors in place, impacting on their capacity to participate or to hold authority, as well as the symbolic meaning of the court building as a site of power in Irish society. It then explores examples of how men and women attempted to disrupt these constraints through disorderly and creative uses of courtroom space, and the important role of the gallery in setting the ‘emotional tone’ of the production of justice. It highlights the courtroom as a site where law, identity and nation were inscribed and contested.

The Irish court was produced through sympathetic engagements between men, where performances – including of bodies, clothing, emotions, speech-making, humour, banter, wit, storytelling and more – enabled truth to be communicated. Performances in court built character for observers, they enabled truth to be assessed, and they placed men at the heart of the legal system and the production of justice. Importantly, as these performances were played out not only in the courtroom but in the press, they became implicated in larger productions of national identity. This chapter draws together the key arguments made across this volume, arguing for gender as a creative force in the production of legal, social and national power relationships.

In peacetime, when diplomatic relations are broken off between two countries, or when one is not represented in the territory of the other, they should follow some practice for representations. The normal practice is for the unrepresented one to nominate a third state acceptable to the recipient to represent its interests and protect its nationals in the recipient's territory. Each of the 1949 Conventions contains specific articles relating to the powers and functions of the Protecting Power, while Protocol I, 1977, has greatly improved the machinery for the appointment of a Protecting Power and increased its functions. Information concerning protected persons in the hands of an adverse party is transmitted to the state on whom they depend through the Protecting Power and the Central Prisoners of War or Central Information Agency. According to the Civilians Convention the Protecting Power is instrumental in protecting civilians, especially those in occupied territory.

The sanctuary city movement is a transnational human rights-based response to non-status migrants living and working in global cities. In many ways it is an oppositional mode of politics that challenges the exclusive authority of central governments over migration and political membership. Borrowing from critical legal geography, academics speak of the city as a ‘scale’ of urban belonging that can supersede national or international scales. However, clusters of practices, networks, and rationalities of governance are not necessarily confined to one scale. Urban securitisation is an apt example, where national governments cast off constraints of ‘high law’, shifting mechanisms of border control to regional and local scales. Research in Canada, the United States, and elsewhere demonstrates that local police, state authorities and, indeed, non-state actors, participate in the management of the (perceived) risks that non-status migrants pose to state and citizen. In this context, this chapter examines the uneasy relationship between sanctuary and security in Toronto, Canada. It does so by reflecting on the utility of the concepts of jurisdiction and temporality in better understanding how the securitisation of irregular migration has taken hold in the city. Placing this process in historical and jurisdictional context, it explores possible antidotes to urban securitisation.

‘Opening speeches’ introduces the historiographical background and methodological contribution of Men on trial. Masculinity is a growing field of study, but histories of masculinity in Ireland are still rare. This book uses newspaper reports of court cases to explore how men constructed their identities in legal space and this chapter introduces this source. It questions the utility of ‘hegemonic masculinities’ as a model for understanding gender identity in colonial and hierarchical contexts. Instead, it proposes the utility of a performative model of masculinity, which places emphasis on identity as embodied experience, incorporating emotion, corporeality, speech and character, and which is located in place. It argues for gender as a productive dynamic in the formation of legal and social power relationships within early nineteenth-century Ireland.

A military aircraft would be one 'operated by commissioned units of the armed forces of a state having the military marks of that state commanded by a member of the armed forces, and manned by a crew subject to regular armed forces discipline'. Military aircraft has the right to fly over international waters and to use such flights for surveillance or photographing another state's territory, even including its military installations. Military aircraft brought down by a neutral state or which land in neutral territory should be detained by the neutral until the end of the conflict and then returned to their home state. Personnel on board such aircraft should be interned until the cessation of hostilities. The general rules regarding the use of weapons forbidding those which cause unnecessary suffering apply in air warfare.

The rules and principles are applicable regardless of the legality or justness of the conflict, and even if operations are undertaken by way of punitive or police action in the name of the United Nations. The humanitarian principles that operate during armed conflict are to be found in customs originally based on rules of chivalry as between the feudal orders of knighthood. To a great extent these humanitarian principles are to be found in Article 3 common to the Geneva Conventions of 1949. Broadly speaking, they amount to the basic and minimum conditions underlying the rule of law as understood in modern society. Whether the Hague and Geneva Conventions are regarded as codificatory of customary or creative of new law, they are not and do not purport to be exhaustive.