E-Book Content
Security: A Multidisciplinary Normative Approach
International Humanitarian Law Series VOLUME 26 Editors-in-Chief H.E. Judge Sir Christopher Greenwood Professor Timothy L.H. McCormack Editorial Advisory Board Professor Georges Abi-Saab H.E. Judge George H. Aldrich Madame Justice Louise Arbour Professor Ove Bring Professor Antonio Cassese Professor John Dugard Professor Dr. Horst Fischer Dr. Hans-Peter Gasser Professor Leslie C. Green H.E. Judge Geza Herczegh Professor Frits Kalshoven Professor Ruth Lapidoth Professor Gabrielle Kirk McDonald H.E. Judge Theodor Meron Captain J. Ashley Roach Professor Michael Schmitt Professor Jiri Toman The International Humanitarian Law Series is a series of monographs and edited volumes which aims to promote scholarly analysis and discussion of both the theory and practice of the international legal regulation of armed conflict. The series explores substantive issues of International Humanitarian Law including, – protection for victims of armed conflict and regulation of the means and methods of warfare – questions of application of the various legal regimes for the conduct of armed conflict – issues relating to the implementation of International Humanitarian Law obligations – national and international approaches to the enforcement of the law and – the interactions between International Humanitarian Law and other related areas of international law such as Human Rights, Refugee Law, Arms Control and Disarmament Law, and International Criminal Law. The titles in this series are listed at the end of this volume.
Security: A Multidisciplinary Normative Approach Edited by
Cecilia M. Bailliet
LEIDEN • BOSTON 2009
On the cover: A man on a donkey looks up at a passing Eufor patrol from the Polish contigent near Iriba in eastern Chad on March 13, 2009, two days before the end the European force (EUFOR) mandate in the country. The European Union will keep more than 2,000 peacekeepers in Chad and the Central African Republic after United Nations troops take over. EUFOR, comprised of around 3,200 soldiers drawn from 14 countries, began a year-long mission a year ago to protect refugees from Sudan’s strife-torn Darfur region, as well as people displaced by the rebel insurgency in Chad and the northern CAR. UN Resolution 1861 also extended the mandate of the UN Mission in the Central African Republic and Chad (MINURCAT) for one year until March 2010 in order to ensure the security and protection of civilians in the two countries. ANP PHOTO / PHILIPPE HUGUEN This book is printed on acid-free paper. Library of Congress Cataloging-in-Publication Data Security : a multidisciplinary normative approach / edited by Cecilia M. Bailliet. p. cm. – (International humanitarian law series ; v. 26) Includes index. ISBN 978-90-04-17296-8 (hardback : alk. paper) 1. International law. 2. Humanitarian law. 3. National security–Law and legislation. 4. Environmental law, International. I. Bailliet, Cecilia. KZ3410.S43 2009 341.7'2–dc22 2009023159
ISSN 1389-6776 ISBN 978 90 04 17296 8 Copyright 2009 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishing, IDC Publishers, Martinus Nijhoff Publishers and VSP. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. printed in the netherlands
For little Helena, whose fear of rising seas impeded her sleep and r