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Author: Alon Margalit Publisher: ISBN: 9789004368200 Category : Military occupation Languages : en Pages : 0
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: Alon Margalit Publisher: ISBN: 9789004368200 Category : Military occupation Languages : en Pages : 0
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
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: Fausto Pocar Publisher: Edward Elgar Publishing ISBN: 1781955921 Category : Law Languages : en Pages : 405
Book Description
ŠThis comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual viole
Author: Daragh Murray Publisher: Oxford University Press ISBN: 0198791399 Category : Law Languages : en Pages : 400
Book Description
This book provides detailed guidance for armed forces and practitioners on the application of international human rights law during armed conflict and its relationship with the law of armed conflict.
Author: Craig Whitlock Publisher: Simon and Schuster ISBN: 1982159014 Category : History Languages : en Pages : 384
Book Description
A Washington Post Best Book of 2021 The #1 New York Times bestselling investigative story of how three successive presidents and their military commanders deceived the public year after year about America’s longest war, foreshadowing the Taliban’s recapture of Afghanistan, by Washington Post reporter and three-time Pulitzer Prize finalist Craig Whitlock. Unlike the wars in Vietnam and Iraq, the US invasion of Afghanistan in 2001 had near-unanimous public support. At first, the goals were straightforward and clear: defeat al-Qaeda and prevent a repeat of 9/11. Yet soon after the United States and its allies removed the Taliban from power, the mission veered off course and US officials lost sight of their original objectives. Distracted by the war in Iraq, the US military become mired in an unwinnable guerrilla conflict in a country it did not understand. But no president wanted to admit failure, especially in a war that began as a just cause. Instead, the Bush, Obama, and Trump administrations sent more and more troops to Afghanistan and repeatedly said they were making progress, even though they knew there was no realistic prospect for an outright victory. Just as the Pentagon Papers changed the public’s understanding of Vietnam, The Afghanistan Papers contains “fast-paced and vivid” (The New York Times Book Review) revelation after revelation from people who played a direct role in the war from leaders in the White House and the Pentagon to soldiers and aid workers on the front lines. In unvarnished language, they admit that the US government’s strategies were a mess, that the nation-building project was a colossal failure, and that drugs and corruption gained a stranglehold over their allies in the Afghan government. All told, the account is based on interviews with more than 1,000 people who knew that the US government was presenting a distorted, and sometimes entirely fabricated, version of the facts on the ground. Documents unearthed by The Washington Post reveal that President Bush didn’t know the name of his Afghanistan war commander—and didn’t want to meet with him. Secretary of Defense Donald Rumsfeld admitted that he had “no visibility into who the bad guys are.” His successor, Robert Gates, said: “We didn’t know jack shit about al-Qaeda.” The Afghanistan Papers is a “searing indictment of the deceit, blunders, and hubris of senior military and civilian officials” (Tom Bowman, NRP Pentagon Correspondent) that will supercharge a long-overdue reckoning over what went wrong and forever change the way the conflict is remembered.
Author: Andrea Bianchi Publisher: Oxford University Press ISBN: 0192847538 Category : Law Languages : en Pages : 337
Book Description
This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
Author: Eve Massingham Publisher: Routledge ISBN: 0429588755 Category : Law Languages : en Pages : 233
Book Description
This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.
Author: Beth Van Schaack Publisher: Oxford University Press, USA ISBN: 0190055960 Category : Law Languages : en Pages : 493
Book Description
"The situation in Syria poses an acute-some might say existential-challenge to the international community's commitment to justice and accountability. It also marks the abject failure of the international system of peace and security erected in the post-World War II period. The Security Council has been almost entirely incapacitated by the propensity of Russia to wield its veto against nearly every coercive measure of any consequence, including legal accountability, that might be imposed on the regime of Syrian President Bashar Al-Assad. As a result, other actors, within and outside of the United Nations, have endeavored to find inventive ways around this geopolitical impasse. This forced creativity has generated a number of innovative institutions, legal arguments, and investigative techniques aimed at advancing justice and accountability for Syria, wherever possible. This book catalogues the many obstacles to this pursuit of justice for Syria and analyzes ways today's justice entrepreneurs have worked to find paths around them. The book's subtitle-Water Always Finds Its Way-reflects this idea that the quest for justice is inexorable. Just as water eventually finds its way through cracks and around obstacles, even if at a trickle, so too will justice. Virtually every international crime that forms part of the international penal code-a mélange of customary international law and treaty provisions-has been committed in and around Syria. The Syrian people have witnessed and been subjected to deliberate, indiscriminate, and disproportionate attacks; the misuse of conventional, unconventional, and improvised weapon systems; industrial-grade custodial abuses in a vast network of formal and informal prisons; unrelenting siege warfare; the denial of humanitarian aid and what appears to be the deliberate use of starvation as a weapon of war; sexual violence, including the sexual enslavement of Yezidi women and girls trafficked from Iraq and the sexual torture of detained men and boys; and the intentional destruction of irreplaceable cultural property. Thousands of Syrians are missing, many of them victims of enforced disappearances. Even children are not spared. The long-standing taboo against the use of chemical weapons has been repeatedly flouted in ways that constitute a double violation of IHL: the use of a prohibited weapon to target civilians. And, the sectarian nature of the violence has raised the specter of genocide against ethno-religious minorities. Indeed, then-Secretary of State John Kerry announced in 2016 that ISIL was committing genocide against a number of minority groups in Syria and Iraq. Violence in the region has contributed to the biggest exodus of refugees since World War II"--
Author: Jean-Marie Henckaerts Publisher: Cambridge University Press ISBN: 0521808995 Category : Law Languages : en Pages : 610
Book Description
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author: Alon Margalit
Author: Alon Margalit
Author: Claire Simmons
Author: Fausto Pocar
Author: Daragh Murray
Author: Craig Whitlock
Author: Andrea Bianchi
Author: Eve Massingham
Author: Beth Van Schaack
Author: Jean-Marie Henckaerts
Author: Morten Bergsmo