Cornelia Klocker | University of Konstanz, Germany (original) (raw)
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Papers by Cornelia Klocker
Human Rights and International Humanitarian Law
Elgar Encyclopedia of Human Rights
Elgar Encyclopedia of Human Rights, Edward Elgar Publishing, eds. Manfred Nowak, Jane A Hofbauer, Philipp Janig and Christina Binder, 2022
Human Rights and International Humanitarian Law: Challenges Ahead, Edward Elgar Publishing, eds. Norman Weiß and Andreas Zimmermann, 2022
Review of Central and East European Law, 2019
Collective punishment describes the punishment of a group for an act allegedly committed by one o... more Collective punishment describes the punishment of a group for an act allegedly committed by one or more of its members and is prohibited in times of armed conflict. It is not explicitly prohibited in situations outside of armed conflict governed by human rights law. This contribution centers on a case study on collective punishment in Chechnya from the two Chechen Wars up until today. Recent years have witnessed the destruction of family homes of alleged insurgents in Chechnya. As it is unclear whether the armed conflict in Chechnya is still ongoing, it is equally unclear whether the law of armed conflict and the explicit prohibition of collective punishment apply to those punitive house burnings. This contribution explores the relation between the law of armed conflict and human rights law regarding collective punishment and concludes that, theoretically, human rights law could encompass such a prohibition.
Collective Punishment and Human Rights Law, 2020
This article examines European Union (EU) military operations from the perspective of the United ... more This article examines European Union (EU) military operations from the perspective of the United Nations (UN) Security Council and UN collective security. The EU has supported UN peacekeeping missions through its own military operations within the Common Security and Defence Policy (CSDP), based on the authorisation of these operations by the UN Security Council. However, the EU’s military operation on the Mediterranean Sea, Operation Sophia, was established in 2015 without such prior UN Security Council authorisation. Although the UN Security Council authorised the operation subsequently, it was received in a less positive light than previous operations and was criticised not only for the way in which it was established, but also for its performance. The article argues that this break with prior practice does not indicate a new direction being taken by the EU as it has retreated from this approach and established a new military operation in the Mediterranean (Operation Irini), agai...
This thesis analyses collective punishment in the context of human rights law from a New Legal Re... more This thesis analyses collective punishment in the context of human rights law from a New Legal Realist perspective. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by some of its members and is prohibited in times of armed conflict by treaty and customary international law. Recently, the imposition of collective punishment has been witnessed in situations outside armed conflict. This means that the applicable legal framework is human rights law and not the law of armed conflict. Human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of groups affected by collective punishment in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the thesis examines potential options to close this gap in human rights law i...
Collective Punishment and Human Rights Law
Review of Central and East European Law, 2019
London Journal of Critical Thought, 2018
European Human Rights Advocacy Centre Bulletin, 2018
Books by Cornelia Klocker
Routledge, 2020
This book analyses collective punishment in the context of human rights law. Collective punishmen... more This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular.
Human Rights and International Humanitarian Law
Elgar Encyclopedia of Human Rights
Elgar Encyclopedia of Human Rights, Edward Elgar Publishing, eds. Manfred Nowak, Jane A Hofbauer, Philipp Janig and Christina Binder, 2022
Human Rights and International Humanitarian Law: Challenges Ahead, Edward Elgar Publishing, eds. Norman Weiß and Andreas Zimmermann, 2022
Review of Central and East European Law, 2019
Collective punishment describes the punishment of a group for an act allegedly committed by one o... more Collective punishment describes the punishment of a group for an act allegedly committed by one or more of its members and is prohibited in times of armed conflict. It is not explicitly prohibited in situations outside of armed conflict governed by human rights law. This contribution centers on a case study on collective punishment in Chechnya from the two Chechen Wars up until today. Recent years have witnessed the destruction of family homes of alleged insurgents in Chechnya. As it is unclear whether the armed conflict in Chechnya is still ongoing, it is equally unclear whether the law of armed conflict and the explicit prohibition of collective punishment apply to those punitive house burnings. This contribution explores the relation between the law of armed conflict and human rights law regarding collective punishment and concludes that, theoretically, human rights law could encompass such a prohibition.
Collective Punishment and Human Rights Law, 2020
This article examines European Union (EU) military operations from the perspective of the United ... more This article examines European Union (EU) military operations from the perspective of the United Nations (UN) Security Council and UN collective security. The EU has supported UN peacekeeping missions through its own military operations within the Common Security and Defence Policy (CSDP), based on the authorisation of these operations by the UN Security Council. However, the EU’s military operation on the Mediterranean Sea, Operation Sophia, was established in 2015 without such prior UN Security Council authorisation. Although the UN Security Council authorised the operation subsequently, it was received in a less positive light than previous operations and was criticised not only for the way in which it was established, but also for its performance. The article argues that this break with prior practice does not indicate a new direction being taken by the EU as it has retreated from this approach and established a new military operation in the Mediterranean (Operation Irini), agai...
This thesis analyses collective punishment in the context of human rights law from a New Legal Re... more This thesis analyses collective punishment in the context of human rights law from a New Legal Realist perspective. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by some of its members and is prohibited in times of armed conflict by treaty and customary international law. Recently, the imposition of collective punishment has been witnessed in situations outside armed conflict. This means that the applicable legal framework is human rights law and not the law of armed conflict. Human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of groups affected by collective punishment in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the thesis examines potential options to close this gap in human rights law i...
Collective Punishment and Human Rights Law
Review of Central and East European Law, 2019
London Journal of Critical Thought, 2018
European Human Rights Advocacy Centre Bulletin, 2018
Routledge, 2020
This book analyses collective punishment in the context of human rights law. Collective punishmen... more This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular.