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Author: Gregory Rose Publisher: BRILL ISBN: 9004310649 Category : Law Languages : en Pages : 451
Book Description
Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
Author: Gregory Rose Publisher: BRILL ISBN: 9004310649 Category : Law Languages : en Pages : 451
Book Description
Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
Author: Ezequiel Heffes Publisher: Springer Nature ISBN: 9462653399 Category : Law Languages : en Pages : 451
Book Description
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
Author: Elizabeth Wilmshurst Publisher: OUP Oxford ISBN: 0191632236 Category : Law Languages : en Pages : 568
Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: Lawrence Hill-Cawthorne Publisher: Oxford University Press ISBN: 0191067016 Category : Law Languages : en Pages : 424
Book Description
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
Author: Ben Saul Publisher: Oxford University Press ISBN: 0192597493 Category : Law Languages : en Pages : 481
Book Description
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
Author: Geoffrey Corn Publisher: Routledge ISBN: 1317436202 Category : Law Languages : en Pages : 287
Book Description
This book provides a comprehensive yet concise overview of key issues related to the regulation of armed hostilities between States, and between States and non-State groups. Coverage begins with an explanation of the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and accountability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. The book is an ideal text for students studying international humanitarian law for the first time, as well as an excellent introduction for students and practitioners of public international law and international relations.
Author: Daragh Murray Publisher: Bloomsbury Publishing ISBN: 1509901655 Category : Law Languages : en Pages : 346
Book Description
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Author: Suzannah Linton Publisher: Cambridge University Press ISBN: 9781108497244 Category : Law Languages : en Pages : 926
Book Description
Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.
Author: Gregory Rose
Author: Gregory Rose
Author: Greg Rose
Author: Ezequiel Heffes
Author: Ezequiel Heffes
Author: Elizabeth Wilmshurst
Author: Lawrence Hill-Cawthorne
Author: Ben Saul
Author: Geoffrey Corn
Author: Daragh Murray
Author: Suzannah Linton