Detention In Non International Armed Conflict
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Detention In Non International Armed Conflict
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Author : Lawrence Hill-Cawthorne
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24
Detention In Non International Armed Conflict written by Lawrence Hill-Cawthorne 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 2016-03-24 with Law categories.
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
Detention In Non International Armed Conflict
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Author : Lawrence Hill-Cawthorne
language : en
Publisher: Oxford University Press
Release Date : 2016
Detention In Non International Armed Conflict written by Lawrence Hill-Cawthorne 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 2016 with Law categories.
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the treaty law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, focusing on preventive, security detention, or 'internment'. All relevant areas of international law, notably international humanitarian law (IHL), human rights law (IHRL), and international criminal law, are analysed in detail with reference to case law. It is shown that, contrary to conventional wisdom, IHL is not entirely silent here, but rather contains a general prohibition of internment that is not necessary as a result of the conflict. The book then gives an original account of the relationship between IHL and IHRL, which helps to move beyond the intractable debates that dominate the literature in this area. Applying this account, and referring to state practice in specific non-international conflicts, it is demonstrated that treaty and customary-based IHRL continues, absent derogation, to regulate detention in non-international conflicts. Importantly, the under-explored question of the practical application of these rules in such situations is then explored in detail, which should guide states, courts, and others in this area. The book concludes with a set of concrete proposals for developing the law, in a manner that builds upon the existing obligations of states and non-state armed groups--Book jacket.
Detention In Non International Armed Conflict
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Author : Lawrence Hill-Cawthorne
language : en
Publisher: Oxford University Press
Release Date : 2016-03-24
Detention In Non International Armed Conflict written by Lawrence Hill-Cawthorne 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 2016-03-24 with Law categories.
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
Detention Of Non State Actors Engaged In Hostilities
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Author : Gregory Rose
language : en
Publisher: BRILL
Release Date : 2016-08-11
Detention Of Non State Actors Engaged In Hostilities written by Gregory Rose and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-11 with Law categories.
In Detention of Non-State Actors engaged in Hostilities: The Future Law Rose and Oswald explore the armed forces’ international legal obligations for management of detainees who are insurgents, saboteurs or terrorists in asymmetrical armed conflicts.
Detention By Non State Armed Groups Under International Law
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Author : Ezequiel Heffes
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-17
Detention By Non State Armed Groups Under International Law written by Ezequiel Heffes and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-17 with Law categories.
Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.
Unravelling Unlawful Confinement In Contemporary Armed Conflicts
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Author : Jelena Plamenac
language : en
Publisher: BRILL
Release Date : 2021-11-29
Unravelling Unlawful Confinement In Contemporary Armed Conflicts written by Jelena Plamenac and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Law categories.
International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.
Non International Armed Conflict In The Twenty First Century
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Author : Kenneth Watkin
language : en
Publisher: Government Printing Office
Release Date : 2012
Non International Armed Conflict In The Twenty First Century written by Kenneth Watkin and has been published by Government Printing Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with History categories.
Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.
The Treatment Of Prisoners Under International Law
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Author : Nigel Rodley
language : en
Publisher: Oxford University Press on Demand
Release Date : 2009-08-13
The Treatment Of Prisoners Under International Law written by Nigel Rodley and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-13 with Law categories.
This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.
The Treatment Of Combatants And Insurgents Under The Law Of Armed Conflict
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Author : Emily Crawford
language : en
Publisher: Oxford University Press
Release Date : 2010-01-14
The Treatment Of Combatants And Insurgents Under The Law Of Armed Conflict written by Emily Crawford 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 2010-01-14 with History categories.
This book looks at why international law continues to make the legal distinction between persons who participate in an international or an internal armed conflict and, drawing on considerable legal precedent, legal theory, and the situation in Guantanamo Bay, it argues that it is time for the law of armed conflict to be applied more uniformly.
The Law Of Non International Armed Conflict
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Author : Sandesh Sivakumaran
language : en
Publisher: Oxford University Press
Release Date : 2012-08-09
The Law Of Non International Armed Conflict written by Sandesh Sivakumaran 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 2012-08-09 with Law categories.
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.