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 regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.

In this study, Heike Niebergall-Lackner discusses the classical military offence of desertion from the standpoint of international law. Taking account of the three factual situations that might arise following a desertion in international armed conflicts - capture by the home country, capture or crossing over to the enemy party, and seeking refuge in a country not involved in the conflict – the examination offers a comprehensive overview of the treatment and the protection afforded to deserters under international human rights law, international humanitarian law and refugee law. The examination is conducted against the background of the duties of soldiers under modern international law and shows that, depending on the legality of the conflict, desertion might represent the legitimate decision of the individual to act in accordance with these duties.

Traditionally few people challenged the distinction between absolute and selective conscientious objection by those being asked to carry out military duties. The former is an objection to fighting all wars - a position generally respected and accommodated by democratic states, while the latter is an objection to a specific war or conflict - theoretically and practically a much harder idea to accept and embrace for military institutions. However, a decade of conflict not clearly aligned to vital national interests combined with recent acts of selective conscientious objection by members of the military have led some to reappraise the situation and argue that selective conscientious objection ought to be legally recognised and permitted. Political, social and philosophical factors lie behind this new interest which together mean that the time is ripe for a fresh and thorough evaluation of the topic. This book brings together arguments for and against selective conscientious objection, as well as case studies examining how different countries deal with those who claim the status of selective conscientious objectors. As such, it sheds new light on a topic of increasing importance to those concerned with military ethics and public policy, within military institutions, government, and academia.

A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.

This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space. This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space. Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.

States define who their citizens are and exert control over their life and movements. But how does such power persist in a global world where people, ideas, and products constantly cross the borders of what the states see as their sovereign territory? This groundbreaking work sets to examine and interprets such challenges to offer a new way of thinking about citizenship. Abandoning the sovereignty principle, it develops a new image of citizenship using the connectedness principle. To do so, it interprets acts of citizenship by following "activist citizens" across the world through case studies, from Wikileaks and the Gaza flotilla to China's virtual world and Darfur. Written by a leader in the field, this accessible and original work imagines citizens without frontiers as a politics without community and belonging, inclusion without exclusion, where the frontier becomes a form of otherness that citizens erase or create. This unique work brings forth a new and creative way to approach citizenship beyond boundaries that will appeal to anyone studying citizenship, social movements, and migration.

This study examines Turkey's non-recognition of the right to conscientious objection to military service and locates this non-recognition within the context of international human rights law - specifically United Nations and European Union system.