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Author: Ziv Bohrer Publisher: Cambridge University Press ISBN: 9781108722988 Category : Law Languages : en Pages : 260
Book Description
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.
Author: Ziv Bohrer Publisher: Cambridge University Press ISBN: 9781108722988 Category : Law Languages : en Pages : 260
Book Description
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.
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: Andrew Clapham Publisher: ISBN: 0199559694 Category : History Languages : en Pages : 1009
Book Description
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
Author: Orna Ben-Naftali Publisher: Oxford University Press ISBN: 0191001600 Category : Law Languages : en Pages : 425
Book Description
Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.
Author: Edward K. Kwakwa Publisher: BRILL ISBN: 9004642293 Category : Law Languages : en Pages : 224
Book Description
The underlying rationale for the international humanitarian law of war is the protection of individuals and victims of war. This book is a contribution to the study of human rights in general and humanitarian law in particular. It contains detailed information and analysis of the law and practice relating to international armed conflicts involving irregular combatants. The discussion focuses on the most controversial provisions of Additional Protocol I to the Geneva Conventions: the classification of wars of national liberation, the treatment of guerrillas and mercenaries upon capture, reprisals, and the question of supervision and implementation in such conflicts. The manuscript on which this book was based was awarded the 1991 Paul Reuter Prize by the International Committee of the Red Cross.
Author: Kubo Macak Publisher: Oxford University Press ISBN: 0192551787 Category : Law Languages : en Pages : 321
Book Description
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Author: Laurie R. Blank Publisher: Aspen Publishing ISBN: 1543801226 Category : Law Languages : en Pages : 1059
Book Description
Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios
Author: Sandesh Sivakumaran Publisher: Oxford University Press ISBN: 0199239797 Category : History Languages : en Pages : 696
Book Description
Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.
Author: Ziv Bohrer
Author: Ziv Bohrer
Author: Gary D. Solis
Author: Elizabeth Wilmshurst
Author: Andrew Clapham
Author: Orna Ben-Naftali
Author: Edward K. Kwakwa
Author: Kubo Macak
Author: Laurie R. Blank
Author: Sandesh Sivakumaran
Author: Ziv Bohrer