bluuebunny/crossref_metadata_2025_split huggingface dataset:
Human Rights Law as an Alternative to Jus in Bello
Authors: Fuller Christopher J. 
Published: December 2022

Abstract
This chapter addresses the United Kingdom’s adoption of targeted killing by drone strike as a counterterrorism policy. It compares the domestic costs of America’s application of a war paradigm in its counterterrorism efforts over the past two decades to the United Kingdom’s less disruptive retention of a crime paradigm, before demonstrating the ways in which the British government has gradually adopting aspects of America’s approach, including a reliance upon the laws of war to justify lethal action against terrorist targets abroad. The chapter then challenges this shift toward a war paradigm to defend the UK homeland by urging that Britain retain its recognition of terrorists as criminals not combatants, instead utilizing human rights law, in particular Article 6 of the International Covenant on Civil and Political Rights and Article 2 of the European Convention on Human Rights, to provide an adequate and less domestically fractious model for the application of lethal force when absolutely necessary against terrorists plotting imminent attacks from foreign safe havens.
Finding Peace in the Law of War
Authors: Brown Bailey 
Published: December 2022

Abstract
As the United States navigates what appear to be the closing stages of operations in Iraq and Afghanistan and continues to support domestic counterinsurgency forces in conflict zones, it becomes increasingly important to consider when the lex specialis recedes and domestic civil law, the lex generalis, becomes the governing jurisprudence. This chapter examines whether these standards that define the start of armed conflict, such as in Article 2 of the 1949 Geneva Conventions and the standard expressed in the case of Prosecutor v. Tadic, from the International Criminal Tribunal for the Former Yugoslavia, simply can be reversed to define the end of the law of armed conflict (LOAC) and a return to civil law. The chapter concludes that they do not, in the inverse, define the conditions for transition from the law of war to the law of peace. Next, the chapter examines experiences from two recent armed conflicts to derive from them insights into the transition to civil law. Afghanistan’s and Columbia’s ongoing difficulties with the transition to peacetime law provide informative case studies and offer potential policy factors that may contribute to the success, or failure, of policy framework supportive of successful transition to civil law. Examination of these two countries will show that LOAC and civil law can apply simultaneously, with separate legal regimes supporting efforts gradually to reduce armed conflict and to encourage civil order. These examples show that a return to peacetime law depends on multiple legal, practical, and political factors.
Counting the Ripples
Authors: Seamone Evan R. 
Published: December 2022

Abstract
In an inherently global economy, increasing virtual and physical attacks on the hubs of international trade and commerce raise questions of a state’s jurisdiction to prosecute non-state actors when only the indirect impact of a terrorist attack has traveled across borders. Non-state actors who seek engagement with foreign forces often conduct terrorist attacks in their own jurisdictions with the hope of implicating distant interests. While courts have rejected a principle of universal jurisdiction over terrorist acts, American jurists have recognized and applied the protective (or “security”) principle as a more viable customary international law of criminal jurisdiction. Among other elements, the principle permits a state to punish a “limited class of offenses committed outside its territory by persons who are not its nationals” when the crimes are “directed against the security of the state or other offenses threatening the integrity of governmental functions.” American courts have adopted this principle when attacks “were intended to affect the United States and to alter its foreign policy.” This chapter examines the manner in which courts have essentially counted the ripple effects of offenses sufficient to meet the threshold requirements for the effective assertion of the protective principle.
US Military Prosecutions during Non-International Armed Conflict
Authors: Jenks Chris 
Published: December 2022

Abstract
Through the enactment of the Uniform Code of Military Justice (UCMJ) following World War II, the US codified a requirement that the military was required to prosecute captured enemy belligerents through a process identical in all but name to that used to prosecute its own service members. This equivalency requirement was conditioned on a presidential determination of practicability. Following the September 11 terrorist attacks, President George W. Bush determined the equivalency requirement was not practicable, thus diverging internal and external prosecutions. Internal prosecution refers to the United States prosecuting its own service members at a court-martial for wartime misconduct, which violates the UCMJ. External prosecution refers to the United States prosecuting enemy belligerents at a military commission for wartime misconduct, which violates the Military Commissions Act of 2009. This chapter compares how the US military has conducted internal versus external military prosecutions over the last twenty years. Ultimately, this chapter concludes that while removing the equivalency requirement has not yet yielded maximum disparities between external and internal prosecutions, relying solely on individual discretion for punishment is ill-advised.
Conclusion
Authors: Ohlin Jens David , Regan Mitt 
Published: December 2022

Abstract
The chapters in this volume describe how states might respond to organized non-state violence by drawing on elements of the paradigms of crime and war, rather than confining themselves to an absolute commitment to one paradigm. This has the potential to calibrate state responses more sensitively to specific contexts in which relying on either paradigm alone would be problematic. At the same time, the move from a categorical to a contextual approach raises the question of how to discipline state flexibility and limit its abuse. This issue underscores the need for a principled contextualism that relies on the underlying values and assumptions of each paradigm as the basis for determining which features should be combined in a given setting. Decision makers might also proceed in a principled fashion by using presumptions to structure decisions, relying on policy that is more restrictive than available legal permissions, or remaining within the crime paradigm while interpreting its requirements more expansively than in ordinary law enforcement operations. These and other approaches may provide assurances that discretion remains guided by legal and moral principles in a world in which the prominence of hostilities with non-state organized armed groups strains the boundaries of a legal framework established with different forms of violence in mind.
Pressure as Propaganda
Authors: Gruffydd-Jones Jamie J. 
Published: December 2022

Abstract
This chapter investigates how Chinese state and commercial media has historically dealt with international condemnation of human rights in the country, from Mao’s 1959 crackdown in Tibet, through the Tiananmen Square crackdown, to its aftermath of sanctions and UN resolutions in the 1990s and 2000s. The chapter shows the dilemmas of foreign pressure. State media has heavily censored external condemnation immediately after major instances of repression but reported it to a surprising degree and level of detail at other times, framing it as an attack on China from hostile and hypocritical rivals. The chapter illustrates how authorities’ censorship and rhetoric in response to pressure developed over time, as they became used to periodic condemnation from the international community.
Pressure in Real Time
Authors: Gruffydd-Jones Jamie J. 
Published: December 2022

Abstract
This chapter uses the convenient implementation of a China-wide survey around the time of President Obama’s widely broadcast meeting with the Dalai Lama in 2011 to explore how real-life instances of international pressure—official meetings with dissidents have been common ways of putting pressure on dictators since the Cold War—affect people’s beliefs about their country’s respect for human rights and democracy. In the aftermath of the meeting, patriotic Chinese people were significantly more likely to believe that their country was democratically ruled and that it had freedom of speech and a better economy. The chapter shows that by widely publicizing the international community’s activism over their country’s human rights, authoritarian governments can successfully strengthen public support for their rule.
Precedents in Earlier Roman Poetry
Authors: Freudenburg Kirk 
Published: December 2022

Abstract
This chapter begins by looking at the visual rhetoric of Lucretius, whose Epicurean agenda in the De rerum natura essentially required him to produce proofs of a visual kind. The visual practices of the De rerum natura help contextualize and make sense of Virgil’s own highly crafted manipulation of vision in the Aeneid. Numerous connections are drawn between the visual rhetoric of individual passages from one epic to the next, especially in the matter of “zoom” effects that are put into play by both authors, and the ways that spatial “highs” and “lows” are encoded by both to tell stories about perspective and power. The chapter concludes with a close visual reading of Aeneas’ account of the sack of Troy in book 2 of the Aeneid, where the standard vertical codes are deliberately criss-crossed in order to produce strong effects of helplessness and pathos, as well as to figure the events taking place as flipped versions of things remembered from Homer.
Imagery as Understory
Authors: Freudenburg Kirk 
Published: December 2022

Abstract
This chapter visits one of the less-traveled corners of the Aeneid, providing a full-scale visual analysis of the magnificent feast that Dido lays out for Aeneas near the end of Aeneid book 1. Covering more than sixty lines at the end of the epic’s first book, the feast is rich in visual details, but it does not seem to “do” much, qua finale, other than set a dazzling backdrop for the story-telling of book 2. Here it is argued that the visual details are not mere decorations: they are what happens at the feast. Taken for the darker images they evoke, the visuals of the feast tell a story of their own that runs counter to the glossy surface that they create. Demonstrating this is the main project of the chapter, but in the process of making these demonstrations the chapter includes a related study of the feast’s realization in visible form over time, by artists who represented the scene in their own ways, for their own purposes. The study of these images makes clear that no two artists have ever “seen” Virgil’s story in anything like the same way; that no matter how rich and detailed this text is in what it gives us to see, most of what we end up visualizing “from” the text is the product of our own imaginations: artwork of our own conjuring, made for our own purposes, in collaboration with Virgil’s text.
Imagery as Counternarrative in the Death of Camilla
Authors: Freudenburg Kirk 
Published: December 2022

Abstract
This chapter studies the narrative function of brightly colored objects and clothing in the death of Camilla near the end of Aeneid 11. Through a careful analysis of the “death throes” passage, it is argued that here again we are being cued to imagine our way forward with Camilla, invited to feel what she feels by taking things in through her eyes. The emphasis on bright clothing and flashes of color takes readers into the world of her desires, and it lets us see how her story is spun from both that of Penthesilea, the Amazon whom she resembles, and that of Penthesilea’s killer, Achilles. In the course of the chapter’s visual analysis, it is demonstrated that the imagery of Camilla’s death runs counter to the fact of her death by evoking all the happiest moments of a life that the young girl might have lived, but never had the chance to live. These moments are sequentialized inside the visual narrative of her death. But why, and to what end? The chapter ends by emphasizing the importance of such findings both here, in Camilla’s particular case, and throughout the Aeneid more generally. By criss-crossing messages and building such complexity into his characters and their stories, Virgil enacts the poem’s capacity to scrutinize Roman readers by showing them the personal investments that they must make in order to decide the undecidable, and to make the Aeneid mean whatever they take it to mean.
Domesticating the Sixties
Authors: Fidelis Malgorzata 
Published: December 2022

Abstract
By the early 1970s, the state, under the leadership of Edward Gierek, had proved successful in absorbing many elements of youth culture into the official culture, including hippie fashion, rock music, and more relaxed personal lifestyles. The state also promoted its own version of global engagement in which Poland served as the epitome of the modern socialist country, a champion of détente, open to the world and to the global market economy. For the time being, communist leaders had domesticated the sixties culture as part of “consumer socialism.” This book ends in 1974, arguably the heyday of “consumer socialism” in Poland, before the rise of the anticommunist opposition in the second half of the 1970s. Such an ending point allows us to see the collapse of communism in 1989 less as a breakthrough moment and more as a continuation and expansion of previous trends, from new cultural styles to globalization.
Residential Care Across Jurisdictions
Authors: Thoburn June 
Published: December 2022

Abstract
The author, a pioneer in cross-national out-of-home care surveys, enumerates pitfalls and fruitful pathways for obtaining valid and reliable data and “lessons learned” from prior research that yields meaningful cross-national child welfare comparisons. Historical, cultural, economic, and political factors are among key themes explored in influencing the context within which residential care is provided. Differing methods for determining the number of children and youth in residential services are also described.
Residential Care for Children and Youth in Ireland
Authors: Gilligan Robbie 
Published: December 2022

Abstract
The author describes the virtual collapse of residential care as a form of provision in the child welfare system in Ireland in response to two major factors: (1) the results of a longstanding policy intention to prioritize family placement with a new phalanx of public sector social workers and (2) a strong push for deinstitutionalization of the child welfare system accompanied by the steady withdrawal by Catholic religious orders as the main providers of residential care. Longstanding institutional abuse and neglect, including sexual abuse and inadequate monitoring, were also factors. The resultant utilization rate for residential care in out-of-home care, 6.3%, was among the lowest reported in the 16 countries surveyed in the volume. The chapter concludes with the matrix used throughout this volume, providing information about the current policy context, key trends and initiatives, characteristics of children and youth served, preparation of residential care personnel, promising programmatic innovations, and present strengths and challenges.
The CARE Program Model
Authors: Holden Martha J. , Sellers Deborah E. , Smith Elliott G. 
Published: December 2022

Abstract
This chapter describes the Children and Residential Experiences (CARE) program model, which challenges the notion that effective residential intervention is simply the result of an additive process, as for example in the adoption and integration of ever-greater numbers of evidence-based components. The whole is indeed seen as more than the sum of its parts. To achieve the desired outcomes, children need to have a consistent, congruent experience regardless of the individual staff member or activity. The organization itself must provide the culture, climate, and underlying philosophy that creates the motivation to engage and stay engaged even when it is difficult. Children and staff alike need to feel cared for and about, and appropriately challenged to grow, develop, and thrive.
Harnessing the Power of Families in Residential Child and Youth Care
Authors: Sweeney Millie 
Published: December 2022

Abstract
This chapter covers what is perhaps the most widely shared essential element in revitalization of residential care: vital and robust family engagement and ongoing partnership with families. The author shows how family engagement takes many different forms at different phases of the residential experience. At its core, family engagement envisions new partnership roles between families and staff that complement parallel efforts to bring “youth voices” to key decision-making issues in residential placement, resulting in more responsive and relevant residential service provision. This chapter highlights how family involvement in residential care can be operationalized and how the potential of families is being harnessed in residential care programs in the United States.
The Changing Character of Residential Care for Children and Youth in Spain
Authors: Bravo Amaia , Martín Eduardo , del Valle Jorge F. 
Published: December 2022

Abstract
This chapter details the progression of Spanish residential care through a period of civil war followed by 40 years of dictatorship, when large institutions prevailed. The arrival of a democratic government in the late 1970s marked the beginning of a period of transformation in child welfare, including the introduction of family foster care and the expansion of family support services, the evolution of standards for residential care, and the development of research alliances with Spanish universities to identify effective strategies for residential staff training. Spain’s residential care population includes a high percentage of unaccompanied minors who, along with youth who present with severe behavioral and emotional problems, are a present focus of concern. The chapter concludes with the matrix used throughout the book, which provides information about the current policy context, key trends and initiatives, characteristics of children and youth served, preparation of residential care personnel, promising programmatic innovations, and present strengths and challenges.
Residential Care for Children and Youth in Denmark
Authors: Lausten Mette 
Published: December 2022

Abstract
This chapter documents the shift from residential to foster family care in Denmark over the period from 1982 to 2020, a shift that has resulting in higher acuity for those children and youth who find their way into residential care. Changes in national policy and the legal framework for child welfare are noted, culminating in a new Children’s Law that will take effect in 2023. Also noted is the fact that approximately one third of children in out-of-home care continue to be served in residential care. Strengths and continuing challenges in staff preparation are described, as is the centrality of social pedagogy in the Danish system. The chapter concludes with the matrix used throughout the book, which provides information about the current policy context, key trends and initiatives, characteristics of children and youth served, preparation of residential care personnel, promising programmatic innovations, and present strengths and challenges.
Creating Safe and Welcoming Residential Care Placements for LGBTQIA+ Youth
Authors: López Mónica López , Mallon Gerald P. , Wieldraaijer-Vincent Leo 
Published: December 2022

Abstract
This chapter examines the special needs and challenges faced by LGBTQIA+ youth in residential child and youth care settings. The authors review data about LGBTQIA+ youth in care and describe two European programs that are striving to provide a secure, welcoming, and affirming living environment for LGBTQIA+ youth in child welfare systems. The Audre Project probed perspectives of LGBTQIA+ youth in residential and foster care placement as well the views of practitioners. Cornerstones Youth Care has been implementing an LGBTQIA+ focus within its Raising the Village model. The Raising the Village model is a framework for improving the quality of out-of-home care to young people through focusing decision-making around the individual young person and the carers and professionals involved.
Doncel and the Leaving Care Law in Argentina
Authors: Incarnato Mariana , Borzese Dana 
Published: December 2022

Abstract
This chapter offers insight into how Argentina addressed the critical area of preparing youth for transitions from care through legislation and through the creation (2005) of a model service agency, Doncel. The three main strands of Doncel’s work are (1) training teams from the public sector, nongovernmental organization, and alternative services in strengthening the conditions for youth to develop autonomy through independent living; (2) directly working with young people in care in building the skills and supports necessary for independent living; and (3) conducting research and advocacy, most notably in Doncel’s leadership in bringing about the passage of Law 27.364, In Support of Leaving Care (2017). The authors discuss the impact the law has had on youth making the transition from care.
Future Prospects and Challenges for Residential Care for Children and Youth
Authors: Whittaker James K. , Holmes Lisa , del Valle Jorge F. , James Sigrid 
Published: December 2022

Abstract
This final chapter synthesizes the main findings from the 16-country cross-national review of residential care for children and youth. Major topics include differing rates of use for residential care, characteristics of children and youth served, contextual elements and policy developments, quality factors in residential care, and education and training strategies. The authors conclude with some general recommendations for future improvement of residential child and youth care, including policy initiatives, research, and promising pathways for innovation. The authors urge a more nuanced and better specified conceptualization of residential care. They make the case for continued and expanded cross-national analysis of residential care provision in future.
Realism and International Relations
Authors: James Patrick 
Published: December 2022

Abstract
This book puts forward a point of view about advancement for International Relations in general and realism in particular. If borne out, the arguments contained in this study could have far-reaching consequences for International Relations and even beyond. Effective debate among realists and those who identify with other schools of thought has diminished dramatically over time. International Relations scholars have become dissatisfied with results from exchanges in words alone. Translation of the vast amount of information in the field into knowledge requires a greater emphasis on communication beyond the use of text. Given the challenges posed by existing and intensifying information overload, a call is made in this book for a new vision of progress, with a solid foundation in the philosophy of inquiry, through graphic representation of cause and effect. Realist scholarship in the post–World War II era is the natural domain for application of systemism, a graphic form of expression with straightforward rules for portrayal of cause and effect within theories. Systemism offers a visualization technique borrowed and adapted from the philosophy of science. Systemist graphics reveal the shortcomings, contributions, and potential of realism, the embattled “canary in the coal mine” for International Relations. These visualizations, which focus on realist theories about war, are intended to bring order out of what critics describe as chaos. In sum, a graphic turn for realism in particular and International Relations in general is essential in order to achieve the scientific progress that otherwise is likely to remain elusive.