Detention Of Non State Actors Engaged In Hostilities
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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.
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.
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.
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.
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.
Asia Pacific Perspectives On International Humanitarian Law
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Author : Suzannah Linton
language : en
Publisher: Cambridge University Press
Release Date : 2019-11-07
Asia Pacific Perspectives On International Humanitarian Law written by Suzannah Linton 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 2019-11-07 with Law categories.
Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.
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.
The Oxford Guide To International Humanitarian Law
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Author : Ben Saul
language : en
Publisher: Oxford University Press
Release Date : 2020-05-07
The Oxford Guide To International Humanitarian Law written by Ben Saul 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 2020-05-07 with Law categories.
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
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.