Humanization of Arms Control: Paving the Way for a World free of Nuclear Weapons PDF
Preview Humanization of Arms Control: Paving the Way for a World free of Nuclear Weapons
Humanization of Arms Control Despite clear legal rules and political commitments, no significant progress has been made in nuclear disarmament for two decades. New ideas and strategies are therefore necessary. The author explores an alternative approach to arms control focusing on the human dimension rather than on States’ security: “humanization” of arms control! The book explores the preparatory work on arms control treaties and in particular the role of civil society. It analyzes the positive experiences of the movements against chemical weapons, anti-personnel mines, and cluster munitions, as well as the recent conclusion of the Arms Trade Treaty. The author examines the question of whether civil society will be able to replicate the success strategies that have been used, in particular, in the field of anti-personnel mines (Ottawa Convention) and cluster munitions (Oslo Convention) in the nuclear weapons field. He also explores the contribution of those treaties to the protection of the human being, and their implementation by NGOs, the European Court of Human Rights and the International Criminal Court. The book also explains the effects of weapons, especially nuclear weapons, on human beings, the environment, and global development, thereby focusing on vulnerable groups, such as indigenous peoples, women, and children. It takes a broad approach to human rights, including economic, social, and cultural rights. The author concludes that the use of nuclear weapons is illegal under international humanitarian and human rights law and, moreover, constitutes international crimes under the Rome Statute of the International Criminal Court. In his general conclusions, the author makes concrete proposals for the progress toward a world without nuclear weapons. Daniel Rietiker (PhD) is a senior lawyer at the European Court of Human Rights and teaches international law and human rights at Suffolk University Law School (Boston, MA) and Lausanne University (Switzerland). Routledge Research in the Law of Armed Conflict Available titles in this series include: Islamic Law and the Law of Armed Conflict The Armed Conflict in Pakistan Niaz Shah Cluster Munitions and International Law Disarmament with a Human Face? Alexander Breitegger Accountability for Violations of International Humanitarian Law Essays in Honour of Tim McCormack Jadranka Petrovic Humanization of Arms Control Paving the Way for a World Free of Nuclear Weapons Daniel Rietiker Forthcoming titles in this series include: International Law and Drone Strikes in Pakistan The Legal and Socio-Political Aspects Sikander Ahmed Shah Islam and Warfare Context and Compatibility with International Law Onder Bakircioglu The Concept of Military Objectives in International Law and Targeting Practice Agnieszka Jachec-Neale Cosmopolitan Ethics and Law on Autonomous Weapons in Modern Warfare Ozlem Ulgen Humanization of Arms Control Paving the Way for a World Free of Nuclear Weapons Daniel Rietiker First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 Daniel Rietiker The right of Daniel Rietiker to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Names: Rietiker, Daniel, author. Title: Humanization of arms control : paving the way for a world free of nuclear weapons / Daniel Rietiker. Description: Abingdon, Oxon ; New York, NY : Routledge, 2017. | Series: Routledge research in the law of armed conflict | Includes bibliographical references and index. Identifiers: LCCN 2017002096| ISBN 9781138225428 (hbk) | ISBN 9781315399706 (ebk) Subjects: LCSH: Nuclear disarmament. | Nuclear weapons (International law) Classification: LCC KZ5665 .R54 2017 | DDC 327.1/747—dc23 LC record available at https://lccn.loc.gov/2017002096 ISBN: 978-1-13822542-8 (hbk) ISBN: 978-1-31539970-6 (ebk) Typeset in Galliard by Keystroke, Neville Lodge, Tettenhall, Wolverhampton To Yulia, with much love and gratitude for her patience, and to Wolfgang, our sunshine! Contents Table of cases Abbreviations Acknowledgements Foreword General introduction PART I Humanization of arms control treaties dealing with non-nuclear weapons 1 Introductory remarks A. Scope of Part I B. Recent developments in the international legal order favoring the conclusion of the treaties examined in the first Part 8 1. Permeability of the borders between the law applicable in peacetime and in armed conflict 2. A new approach to international security: “Human security” as a linkage between security and human rights 3. A new approach to development: “Human development” 2 The preparatory history of the relevant treaties, and in particular the role played by civil society A. Genesis of the CWC B. Genesis of the Ottawa and Oslo Conventions 1. The Ottawa Process 2. The Oslo Process C. Genesis of the ATT D. Conclusions to the chapter 3 The contribution of the relevant treaties to the protection of the human being
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