Binding Non State Armed Groups To International Humanitarian Law
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Non State Actors And International Humanitarian Law Organized Armed Groups A Challenge For The 21st Century
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Author : International Institute of Humanitarian Law
language : it
Publisher: FrancoAngeli
Release Date : 2010-05-27T00:00:00+02:00
Non State Actors And International Humanitarian Law Organized Armed Groups A Challenge For The 21st Century written by International Institute of Humanitarian Law and has been published by FrancoAngeli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-27T00:00:00+02:00 with Law categories.
1136.85
Organizing Rebellion
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Author : Tilman Rodenhäuser
language : en
Publisher: Oxford University Press
Release Date : 2018
Organizing Rebellion written by Tilman Rodenhäuser and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.
Binding Non State Armed Groups To International Humanitarian Law
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Author : Stefanie Herr
language : en
Publisher:
Release Date : 2010
Binding Non State Armed Groups To International Humanitarian Law written by Stefanie Herr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Land mines categories.
The Challenges Of Asymmetric Warfare Enhancing Compliance With International Humanitarian Law By Organized Armed Groups
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Author : María Alejandra Martinovic
language : en
Publisher: Anchor Academic Publishing
Release Date : 2016-09-13
The Challenges Of Asymmetric Warfare Enhancing Compliance With International Humanitarian Law By Organized Armed Groups written by María Alejandra Martinovic and has been published by Anchor Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-13 with Law categories.
All armed conflicts, whether international or non-international, are characterized by some sort of asymmetry. Disparities between parties to armed hostilities have always been an issue as a matter of fact, although not necessarily addressed by International Humanitarian Law (IHL) as a matter of law. IHL remains a stranger to such situations, for it is based on its equal applicability to all parties of a conflict. Nonetheless, contemporary conflicts have shown that the said equality may no longer be the rule, but rather the exception. This refers in particular to non-international armed conflicts where parties are inherently asymmetrical and the weaker ones tend to act in straightforward violation of universally hailed rules in order to engage their technologically advanced and more resourceful enemy. Accordingly, the ways in which asymmetric actors behave during armed conflicts challenge IHL’s basic foundations, and the fact that civilians still endure the burden of hostilities, as their primary victims, underpins the necessity for further efforts in the attempt to promote respect for IHL. This work assesses diverse alternatives to respond to these brutal forms of asymmetric confrontations, with a view on those mechanisms which best address the causes why non-state actors deny not only complying with IHL from a legal perspective but also contemplating policy-making considerations.
International Humanitarian Law And Non State Actors
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Author : Ezequiel Heffes
language : en
Publisher: Springer Nature
Release Date : 2019-11-28
International Humanitarian Law And Non State Actors written by Ezequiel Heffes and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
The Accountability Of Armed Groups Under Human Rights Law
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Author : Katharine Fortin
language : en
Publisher: Oxford University Press
Release Date : 2017-08-11
The Accountability Of Armed Groups Under Human Rights Law written by Katharine Fortin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-11 with Law categories.
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.
Human Rights Obligations Of Non State Armed Groups
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Author : Daragh Murray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-05
Human Rights Obligations Of Non State Armed Groups written by Daragh Murray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-05 with Law categories.
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Lawmaking By Nonstate Actors
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Author : Anthea Roberts
language : en
Publisher:
Release Date : 2012
Lawmaking By Nonstate Actors written by Anthea Roberts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
This article considers a novel and potentially controversial issue: whether non-state armed groups can, do and should play a role in the creation of international humanitarian law applicable in non-international armed conflicts. International law was traditionally understood as the law created by, and binding upon, states and states alone. It is now broadly accepted that international law regulates the rights and obligations of many non-state actors as well as those of states. Yet any corresponding suggestion that non-state actors could or should play a role in international law-making remains highly contentious. In analyzing the potential role that such actors could play in law creation, we reject the traditional state/non-state distinction underlying the doctrine of sources in favor of a tripartite framework of states, state empowered bodies (such as international courts and international governmental organizations), and non-state actors (such as individuals, businesses, NGOs and armed groups). Focusing on the last category, we explore various theories for justifying some or all non-state actors playing a role in international law-making. In particular, we assess the merits of giving armed groups a role in the creation of international humanitarian law applicable in non-international armed conflicts. Drawing on a wide range of rarely discussed practice, we demonstrate that armed groups already participate in law-making in a number of circumstances. Building on these developments, we contend that it is possible to move away from the traditional statist approach to sources, which denies armed groups any role in law-making, without moving to the extreme position of giving such groups complete control over their obligations or equal law-making powers with states. Accordingly, we put forward a theory of hybrid sources under which armed groups could be permitted to recognize existing international obligations or undertake new ones, without raising concerns about placing armed groups and states on a par or downgrading international legal standards.
Human Rights Obligations Of Non State Armed Groups
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Author : Daragh Murray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-05
Human Rights Obligations Of Non State Armed Groups written by Daragh Murray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-05 with Law categories.
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Binding Non State Armed Groups To International Humanitarian Law Geneva Call And The Ban Of Anti Personnel Mines Lessons From Sudan
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Author : Stefanie Herr
language : en
Publisher:
Release Date : 2022
Binding Non State Armed Groups To International Humanitarian Law Geneva Call And The Ban Of Anti Personnel Mines Lessons From Sudan written by Stefanie Herr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.