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Daniel Rietiker - Humanization of Arms Control: Paving the Way for a World free of Nuclear Weapons

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Daniel Rietiker Humanization of Arms Control: Paving the Way for a World free of Nuclear Weapons
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Humanization of Arms Control: Paving the Way for a World free of Nuclear Weapons: summary, description and annotation

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Despite clear legal rules and political commitments, no significant progress has been made in nuclear disarmament for two decades. Moreover, not even the use of these weapons has been banned to date. 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 Control 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. Is there any reason why the most destructive weapons should not be outlawed by a legally binding instrument?

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: author's other books


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Humanization of Arms Control Despite clear legal rules and political - photo 1
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 - photo 2

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 327.1/747dc23

LC record available at https://lccn.loc.gov/2017002096

ISBN: 978-1-138-22542-8 (hbk)
ISBN: 978-1-315-39970-6 (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

PART I
Humanization of arms control treaties dealing with non-nuclear weapons

PART II
Humanization of arms control treaties dealing with nuclear weapons

African Commission on Human and Peoples Rights
Centre for Minority Rights Development (Kenya) and Minority Rights Group International (on behalf of Endorois Welfare Council) v. Kenya, 276/2003, February 4, 2010
Democratic Republic of the Congo v. Burundi, Rwanda and Uganda, Decision Comm. no. 229/99, May 25, 2006
Sudan Human Rights Organisation and the Centre on Housing Rights and Evictions v. Sudan, Decision, Comm. nos. 279/03 and 296/05, May 27, 2009
Committee on Economic, Social and Cultural Rights
General Comment no. 3 (The Nature of State Parties Obligations), Fifth Session, UN Doc. E/1991/23, December 14, 1990
General Comment no. 8 (The Relationship between Economic Sanctions and Respect for Economic, Social and Cultural Rights), UN Doc. E/C.12/1997/8, December 12, 1997
General Comment no. 9 (Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights), UN Doc. E/C.12/1998/24, 1998
General Comment no. 12 (The Right to Adequate Food), Twentieth Session, UN Doc. E/C.12/1999/5, 1999
General Comment no. 14 (The Right to the Highest Attainable Standard of Health), UN Doc. E/C.12/2000/4, 4 August 11, 2000
General Comment no. 15 (The Right to Water), UN Doc. E/C.12/2002/11, January 20, 2002
Committee on the Elimination of Discrimination against Women
General Recommendation no. 24 (Women and Health), UN Doc. A/54/38/Rev.1, chap. I, February 5, 1999
Committee on the Rights of the Child
General Comment no. 5 (General measures of implementation of the CRC), UN Doc. CRC/GC/2003/5, November 27, 2003
General Comment no. 15 (The right of the child to the enjoyment of the highest standard of health),
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