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This chapter investigates France’s conception and contribution to human protection from 1987 to 1993. It first discusses the emergence of France’s domestic norm of human protection. It then analyses the extent of the role played by France in the emergence of humanitarian intervention and argues that France was a norm entrepreneur between 1987 and 1991 before helping to consolidate the international principle through its practice from 1992. Finally, it investigates the French involvement in Bosnia and Herzegovina – France’s main intervention at the time – in order to illustrate the evolution of France’s conception and contribution to human protection during that period.
This chapter details the dialogue with republicans that led to the IRA ceasefire of 1994 and how the formative stages of the peace process took shape through confidential contacts and channels
Steffen Mau, in his response to Ayelet Shachar's lead essay, begins by recapping the historical development of border control. Before the twentieth century, it was possible to cross many national borders in continental Europe without travel documents or controls. Comprehensive systems for suppressing “informal” and non-authorized mobility are a relatively recent invention. Moving on to Shachar's essay itself, Mau acknowledges the value of her approach, which introduces a functional definition of borders. He identifies four key developments: increased selectivity and visa policies, internationalization of border regimes, macroterritorialization, and digitization and new border technologies. While Shachar includes these in her analysis, Mau argues that they can only be partially subsumed under the concept of the shifting border, and may in fact have a different momentum. In the final part of his response, Mau addresses Shachar's suggestions for developing an institutional-legal design that can match the change in border controls, offering a number of criticisms. While agreeing with her about expanding legal obligations in the area of humanitarian migration, he notes that the discussion should be extended to cover labor migration and tourism too. He also points out the mounting problems posed by the establishment of “smart borders." His final objection relates to the question of political feasibility. As necessary and normatively convincing as Shachar’s call for corresponding legal responsibility and shifting border control might be, it seems highly improbable that this will actually come to pass.
Recent debates over migration, refuge, and citizenship are challenging the assumed primacy of the nation-state as the key guarantor of rights and entitlements. Sanctuary Cities and Urban Struggles makes the first sustained intervention into exploring how such considerations of citizenship, rights, and mobility are recast when examined from different spatial scales. The collection brings together discussions from across political geography, urban geography, citizenship studies, socio-legal studies, and refugee studies to explore the role of urban social movements, localised practices of belonging and rights claiming, and diverse articulations of sanctuary in reshaping where and how responses to the governance of migration are articulated. Working from the intimate relations of the body and interpersonal accounts of sanctuary, through to strategies for autonomous settlement as part of Europe’s ‘summer of migration’, the collection sets out to challenge the often assumed primacy of the nation-state as the dominant lens through which to understand questions of citizenship and mobility. In its place, Sanctuary Cities and Urban Struggles proposes not a singular alternative, but rather a set of interlocking sites and scales of political practice and imagination, all of which respond to, and variously rework, the governmental demands of the contemporary nation-state. Mixing empirical cases and conceptualisations that move beyond ‘seeing like a state’, this collection will be of interest to geographers, political sociologists, migration scholars, social anthropologists, and urbanists.
It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.
Men on trial explores how the Irish perform ‘the self’ within the early nineteenth-century courtroom and its implications for law, society and nation. The history of masculinity is now a burgeoning field, as the way men created and understood their identities is explored in different contexts, from marriage to the military, and with increasing nuance. This monograph contributes to this discussion through an exploration of how men from different social groups created, discussed and enacted manliness in the context of the Irish justice system. Drawing on new methodologies from the history of emotion, as well as theories of performativity and performative space, it emphasises that manliness was not simply a cultural ideal, but something practised, felt and embodied. Moving through courtroom architecture to clothing, displays of emotion, speech-making, storytelling, humour and character, Men on trial explores how, through its performance, gender could be a creative dynamic in productions of power, destabilising traditional lines of authority. Targeted at scholars in Irish history, law and gender studies, this book argues that justice was not simply determined through weighing evidence, but through weighing men, their bodies, behaviours and emotions. In a context where the processes of justice were publicised in the press for the nation and the world, manliness and its role in the creation of justice became implicated in the making of national identity. Irish character was honed in the Irish court and through the press.
‘I am the least racist person,’ Donald Trump declared. This book unpacks how it is possible for various American administrations to impose discriminatory counterterrorism (CT) and countering violent extremism (CVE) measures on Muslim communities and yet declare that ‘Islam is peace’ or that ‘Muslims are our friends’. The book addresses some of the paradoxes of the securitisation by linking discourses about the role of Muslims in the war on terror in the United States with covert forms of racism. The book is concerned with a securitisation that is covertly rather than overtly expressed, which enables securitising actors like Trump to deny plausibility of racism and claim that they are ‘the least racist person’. The book offers a critique of the ‘soft’ and ‘hard’ approaches to CT and CVE and advances an alternative way to understand radicalisation and terrorism by introducing a quantum perspective. Lastly, drawing on the affective turn, the book adds body to the analysis by theorising emotions and affect in the securitisation of Islam. The book argues that this covert securitisation constructs white American subjects as innocent, unprejudiced and living in a post-racial society averse to racism, whilst constructing Muslim subjects as potential terrorists and thus as sites of securitisation. This book is a timely analysis of the securitisation of Islam since 9/11 and presents an original study that contributes to debates on Islamophobia, white fragility and white victimhood, which have proliferated since the rise of far-right (populist) parties in Europe and the US.
Sanctuary legislation is used in many different contexts. What the so-called ‘sanctuary cities’ have in common is that city authorities actively ignore people’s legal status when conducting business with their inhabitants. Thus, while drawing on humanitarian principles, sanctuary practices often have a pragmatic side. For example, the variety of legal and residency statuses of people living together in a city have often resulted in complicated organisational and social networks, the disruption of which by immigration authorities would endanger social peace. This tension has been framed as a contradiction between national requirements and a post-national local reality, a tension that sanctuary practices might be seen as responding to. This chapter draws on these contradictions between the national and the post-national to explore in metropolitan areas discussion of the future role of the local and of statehood is being made and remade in response to concerns around national identity and post-national populations. Sanctuary in these contexts emerges as an urban policy framing that results from such discussions. The chapter thus argues that if sanctuary legislation is a sign of political change in the perception and organisation of migration, it may also signal the changing nature and significance of the nation-state in an interconnected and increasingly urbanised world.
This chapter critically addresses the temporary reception of refugees and asylum seekers in Europe, by focusing on the everyday forms and practices of resistance that migrants put in place, primarily to counter the 'illegalising' policies of EU states. Conceptually, the chapter connects critical citizenship studies with autonomy of migration debates, to discuss the immobility – or the 'temporality of waiting' – of the prolonged moment during which migrants are stuck in the net of EU migration policies. The chapter focuses on a specific form of refugee response initiative – a self-reception system in the form of the City Plaza in Athens (Greece), a disused hotel that has been squatted by migrant activists and refugees to produce a space of accommodation and social support. The chapter argues that through City Plaza, we witness practices of 'autonomous geographies' that constitute forms of self-provided 'alternative' welfare, capable of extending and renegotiating the status of citizenship and enacting diverse forms of solidarity. In addition, they provide a discursive space of political legitimation, while acknowledging alternative and non-state forms of 'citizenship in motion'. The chapter is based on six months’ fieldwork in Athens, living and working at City Plaza as a refugee accommodation and solidarity space.
Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. When hostilities began, usually following a declaration of war, and non-parties to the conflict were held by the belligerents to be subject to the duties of, and they claimed the rights pertaining to, neutrals, war was recognised and the law of war came into operation. As with the situation under customary law, it is irrelevant whether the conflict is in accordance with the obligations of Hague Convention III, the Pact of Paris or the Charter of the United Nations. Even if the conflict does not amount to war in the legal sense of that term, there is nothing in international law, other than human rights conventions, preventing a country imposing restrictions upon the freedom of residents possessing adverse-party nationality.
This chapter first historicises securitisation theory and situates the theory in the wider field of international security. It shows that securitisation theory was innovative in the sense of challenging the state-centricity and over-militarised nature of international security during the Cold War. The chapter then proceeds with a brief discourse analysis of speeches made by George W. Bush and Barack Obama in relation to Islam and the role of Muslims in the war on terror. It argues that Bush and Obama articulated Islam as a ‘peaceful religion’ and that terrorists ‘hijacked its peaceful teachings’. Even Donald Trump sought to reassure the American public that his executive order banning citizens from Muslim-majority countries was ‘not a Muslim ban’. As a result, the chapter demonstrates that this presents a challenge to securitisation theory. The last section engages with the burgeoning post-Copenhagen School literature, which has raised important concerns about securitisation theory, and concludes by addressing the implications for the puzzle of the book.