WAR CRIMES IN INTERNAL ARMED CONFLICTS PDF Download

Author: EVELA HAYE
Publisher: Lulu.com
ISBN: 0359593712
Category : Fiction
Languages : en
Pages : 444

View

Book Description
This book grew from many personal and professional experiences, researching and teaching at the London School of Economics and Political Science, working at the International Criminal Tribunal for the former Yugoslavia (ICTY) and taking part in the negotiations of the International Criminal Court (ICC) statute and the elements of crimes, and from stimulating discussions with many friends and colleagues along the journ

Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 568

View

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

View

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:
Publisher:
ISBN: 9780521818520
Category : Law
Languages : en
Pages : 524

View

Book Description
This commentary provides a critical insight into the negotiating history that led to the adoption of the elements of war crimes. It also presents existing jurisprudence, which is relevant for the interpretation of the war crimes in the ICC Statute.The aim is to serve as a tool in the implementation of international humanitarian law in future cases dealing with war crimes and offer practitioners (judges, prosecutors and lawyers) and academics important background information on the substance of the crimes.

Author: Chile Eboe-Osuji
Publisher: Martinus Nijhoff Publishers
ISBN: 9004227229
Category : Political Science
Languages : en
Pages : 372

View

Book Description
Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.

Author: Sandesh Sivakumaran
Publisher: Oxford University Press
ISBN: 0199239797
Category : History
Languages : en
Pages : 696

View

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: Yoram Dinstein
Publisher:
ISBN: 9781108864091
Category : Intervention (International law)
Languages : en
Pages :

View

Book Description
"Due to their preponderance and intensity, non-international armed conflicts are currently very much in the public mind: often, more so than international armed conflicts. The present volume serves as a comprehensive introduction to the international legal regime of non-international armed conflicts, proceeding strictly in light of what the contemporary law is (as distinct from what the present author or anybody else would like it to be). Non-international armed conflicts raise a raft of issues that need to be addressed, including in particular their preconditions, thresholds, diverse forms and configurations; the discordant perspectives of the international and domestic legal systems; as well as the application of treaty and customary law to non-State actors. In addition, it is necessary to examine the consequences of intervention by foreign States; the role of the Security Council; the effects of recognition; State responsibility for wrongdoing to the installations, diplomats or nationals of foreign States, etc. The interface between the law of international and non-international armed conflicts is a matter of crucial concern. There are also numerous specific problems, ranging from the complexities of "failing States" to the recruitment and use of child-soldiers"--

Author: Kubo Macak
Publisher: Oxford University Press
ISBN: 0192551787
Category : Law
Languages : en
Pages : 321

View

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: Leslie C. Green
Publisher: Manchester University Press
ISBN: 9780719035401
Category : Law
Languages : en
Pages : 408

View

Book Description

Author: Giovanni Mantilla
Publisher: Cornell University Press
ISBN: 1501752596
Category : Law
Languages : en
Pages : 167

View

Book Description
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.