Investigating Operational Incidents in a Military Context PDF Download

Author: David W. Lovell
Publisher: Martinus Nijhoff Publishers
ISBN: 9004277102
Category : Law
Languages : en
Pages : 273

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Book Description
‘Operational incidents’ denotes misconduct, misdeeds or mishaps that occur on military operations, whether concerning the mistreatment of enemy soldiers, offences against civilians, conflict of varying levels within one’s own forces, or accidents that lead to injury or death within a theatre of operations. Alleged breaches of IHL or the disciplinary regulations of particular militaries require at the very least an initial assessment to determine the facts and then, if warranted, a more substantial investigation. The need for robust investigations, however, is not always matched by the will and the ability to undertake them. There is at last a sufficient body of experience on which we can reflect, in this volume, on such investigations, their challenges, and their likely evolution.

Author: Alon Margalit
Publisher: BRILL
ISBN: 9004368213
Category : Law
Languages : en
Pages : 304

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Book Description
In Investigating Civilian Casualties Alon Margalit discusses the appropriate response to State-caused fatalities. Highlighting various legal and practical challenges, the State's duty to investigate is considered amid increasing public scrutiny and influence of human rights law during military operations

Author: Claire Simmons
Publisher: Taylor & Francis
ISBN: 1040006698
Category : Law
Languages : en
Pages : 212

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Book Description
An allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate? This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.

Author:
Publisher: DIANE Publishing
ISBN: 0788175483
Category :
Languages : en
Pages : 57

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Book Description
Examines the 1994 incident in which two U.S. Army Black Hawk helicopters transporting emergency relief personnel were misidentified as Iraqi Hind helicopters and shot down by U.S. F-15 fighters patrolling the airspace over Turkey, killing all 26 individuals aboard. Provides background information on the Operation Provide Comfort mission and reviews the accident investigation, the military justice process and administrative actions, and the corrective and other actions by the Dept. of Defense and the Air Force.

Author: Susan L. Kemp
Publisher: Springer Nature
ISBN: 3030141136
Category : Political Science
Languages : en
Pages : 488

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Book Description
This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the ‘Age of Accountability.’ However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK’s legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.

Author: Deane-Peter Baker
Publisher: Cambridge University Press
ISBN: 1009292080
Category : Philosophy
Languages : en
Pages : 247

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Book Description
The field of military ethics has generally been attentive to emerging trends in modern warfare. Cyber, robotics and AI, for example, have inspired an abundant and flourishing literature. One trend, however, has been largely overlooked: the emergence of special operations as a prominent instrument of statecraft. Drawing extensively on historical cases and first-hand experience, the authors of this book call attention to qualities inherent in special operations – and special operators – that challenge the moral framework which has long informed conventional military operations. Moral theorists will find this analysis provocative, while practitioners – those who conduct or oversee special operations and have an interest in the moral wellbeing of special operators – can put the authors' insights to practical use. Those who simply view with fascination the opaque world of special operations will find this book illuminating.

Author: Catherine Harwood
Publisher: BRILL
ISBN: 9004411240
Category : Law
Languages : en
Pages : 413

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Book Description
In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores how United Nations inquiries navigate considerations of principle and pragmatism to discern their identity in the international legal order.

Author: Pauline Collins
Publisher: Rowman & Littlefield
ISBN: 1498557058
Category : Law
Languages : en
Pages : 341

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Book Description
The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward diminished responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment weakens both the military reputation and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society.

Author: Jadranka Petrovic
Publisher: Routledge
ISBN: 1317669797
Category : Law
Languages : en
Pages : 344

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Book Description
International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.

Author: Christopher M. Ford
Publisher: Lieber Studies
ISBN: 0190915366
Category : Law
Languages : en
Pages : 553

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Book Description
"This workshop, Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare, was held at West Point on October 24-26, 2016. It marked the official opening of the Lieber Institute." -- ECIP forword.