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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: Katharine Fortin Publisher: Oxford University Press ISBN: 0192536060 Category : Law Languages : en Pages : 465
Book Description
Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
Author: Bardo Fassbender Publisher: Oxford University Press ISBN: 0192558196 Category : Law Languages : en Pages : 554
Book Description
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Author: Bardo Fassbender Publisher: Oxford University Press ISBN: 0192558188 Category : Law Languages : en Pages : 417
Book Description
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Author: Anton O. Petrov Publisher: Edward Elgar Publishing ISBN: 1789907594 Category : Law Languages : en Pages : 297
Book Description
Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.
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: Yvonne Chiu Publisher: Columbia University Press ISBN: 0231544170 Category : Political Science Languages : en Pages : 372
Book Description
Despite the strong influence of just war theory in military law and practice, warfare is commonly considered devoid of morality. Yet even in the most horrific of human activities, there is frequent communication and cooperation between enemies. One remarkable example is the Christmas truce—unofficial ceasefires between German and English trenches in December 1914 in which soldiers even mingled in No Man’s Land. In Conspiring with the Enemy, Yvonne Chiu offers a new understanding of why and how enemies work together to constrain violence in warfare. Chiu argues that what she calls an ethic of cooperation is found in modern warfare to such an extent that it is often taken for granted. The importance of cooperation becomes especially clear when wartime ethics reach a gray area: To whom should the laws of war apply? Who qualifies as a combatant? Should guerrillas or terrorists receive protections? Fundamentally, Chiu shows, the norms of war rely on consensus on the existence and content of the laws of war. In a wide-ranging consideration of pivotal instances of cooperation, Chiu examines weapons bans, treatment of prisoners of war, and the Geneva Conventions, as well as the tensions between the ethic of cooperation and the pillars of just war theory. An original exploration of a crucial but overlooked phenomenon, Conspiring with the Enemy is a significant contribution to military ethics and political philosophy.
Author: Boyd van Dijk Publisher: Oxford University Press ISBN: 0198868073 Category : Law Languages : en Pages : 401
Book Description
This engrossing documentary gives us an in-depth look at the culture and values of America in the years immediately preceding our entry into World War II.
Author: Jens David Ohlin
Author: Jens David Ohlin
Author: Jens David Ohlin
Author: Ziv Bohrer
Author: Katharine Fortin
Author: Bardo Fassbender
Author: Bardo Fassbender
Author: Anton O. Petrov
Author: Elizabeth Wilmshurst
Author: Yvonne Chiu
Author: Boyd van Dijk