International Humanitarian Law And Non State Actors
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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
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.
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.
Armed Non State Actors In International Humanitarian And Human Rights Law
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Author : Konstantinos Mastorodimos
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-15
Armed Non State Actors In International Humanitarian And Human Rights Law written by Konstantinos Mastorodimos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Applicability Of International Humanitarian Law Ihl On Non State Actors
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Author : Fikru Amare
language : en
Publisher: GRIN Verlag
Release Date : 2022-03-22
Applicability Of International Humanitarian Law Ihl On Non State Actors written by Fikru Amare and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-22 with Law categories.
Bachelor Thesis from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: Bachelor Degree, , course: international humanitrian law, language: English, abstract: In this paper the author addresses whether the international humanitarian law applicable in non state actors of armed conflict in the contemporary world. There is no long-lasting peace in the history of the human being. The world has passed through conflicts and wars for centuries. The Second World War was the most prominent and devastating in its nature. Millions of people were dead, world economic development being stagnated and millions of children became orphans. And hence, we peoples of the world are in a need to come up with compressive rules and procedures to govern the ongoing conflicts. That is why the International humanitarian law (here after called IHL) was designed. IHL is a subject matter that regulates the conduct of war. IHL does not prevent war from being happened, rather it regulates the conduct of already happened war and it gives equal protection to those parties which are within the conflict without a need to observe their status in order to balance military necessity and humanity. While the very nature of twenty-one century warfare has arguably undergone significant developments in recent years, it is widely noted that non-State actors actively play an increasingly substantial role in contemporary violent conflicts. Although non-State actors have been fighting against States throughout history, they were subject to domestic law enforcement. As the nature of war evolves due to non-state actors exerting influence, and subsequently their role as agents to armed conflict become prevailing around the world. Enhancing compliance with international norms by armed non-state actors is central to efforts to improve the protection of civilians in armed conflict. Limited engagement with such actors, as well as lack of clarity as to the precise nature and extent of the international legal regimes that are apply to them; constitute significant barriers to achieving better compliance. The spectrum of new types of non-state actors is broad, “encompassing a range of identities, motivations and varying degrees of willingness and ability, to observe IHL and other international law standards.’’
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.
Human Rights Obligations Of Non State Actors
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Author : Andrew Clapham
language : en
Publisher: OUP Oxford
Release Date : 2006-03-02
Human Rights Obligations Of Non State Actors written by Andrew Clapham and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-02 with Political Science categories.
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Non State Actors In International Law
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Author : Math Noortmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
Non State Actors In International Law written by Math Noortmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.
Law Making And Legitimacy In International Humanitarian Law
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Author : Püschmann, Jonas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-19
Law Making And Legitimacy In International Humanitarian Law written by Püschmann, Jonas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-19 with Political Science categories.
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Human Rights Obligations Of Armed Non State Actors In Non International Armed Conflicts
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Author : Nadarajah Pushparajah
language : en
Publisher: Wolf Legal Publishers
Release Date : 2016
Human Rights Obligations Of Armed Non State Actors In Non International Armed Conflicts written by Nadarajah Pushparajah and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This book explores the human rights obligations of armed non-state actors in non-international armed conflicts. This book seriously challenges the State-centric view of human rights by breaking the traditional perception of international human rights regime that applies only to State actors. It shows the necessity in considering the capacity of de facto regimes of armed non-state actors to incur human rights obligations in order to protect individuals and groups, and regulate their daily lives in the controlled areas of these armed non-state actors. Further, this book proves the capacity of armed non-state actors for violating human rights, as well as bearing human rights obligations in non-international armed conflicts. The degree of human rights obligations of armed non-state actors, especially regarding civil and political rights, as well as obligations towards some vulnerable groups, has been confirmed in this book. Nevertheless, it is very difficult to impose human rights obligations on armed nonstate actors without relying on other international norms, such as international humanitarian law and international criminal law in non-international armed conflicts, since these bodies of law give more detailed provisions to regulate the specific issue. In addition, the success of the fulfilment of obligations in international norms by armed non-state actors mostly depends on their capacity, willingness and intentions, including the ideology of a specific group. [Subject: Human Rights Law]