Non State Groups In Internal Armed Conflicts
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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.
Non State Groups In Internal Armed Conflicts
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Author : Noam Lubell
language : en
Publisher:
Release Date : 2001
Non State Groups In Internal Armed Conflicts written by Noam Lubell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
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 History 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.
Norm Clusters Of Non State Armed Groups
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Author : Will Jamison Wright
language : en
Publisher: Springer Nature
Release Date : 2024-01-02
Norm Clusters Of Non State Armed Groups written by Will Jamison Wright and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-02 with Law categories.
The proliferation of non-state armed groups and non-international armed conflicts since the end of the Second World War has challenged the legal frameworks which govern conduct in armed conflict. While aspects of international humanitarian law apply to such conflicts, international law can only go part of the way to explaining behaviour by armed groups. This book seeks to refocus discussion on the limits to armed conflict in such settings by examining the norms that underpin international humanitarian law as espoused by these armed groups to give a clearer picture as to the collectively constructed appropriateness of certain behaviours in or limits to warfare. The specific research question is “What are the norms of armed conflict as identified by non-state armed groups?” Using Winston’s norm cluster model, this study seeks to examine and map the ideations and behavioural prescriptions that constitute the armed conflict norm cluster as defined by non-state armed groups. To do this, it utilises a qualitative content analysis of documents from non-state armed groups coded to identify the different elements of this norm cluster as well as the frequency, pervasiveness, and connections between these elements. The findings showed that, while international humanitarian law is universal, these norms limiting armed conflict are not, with no norm being seen across all contexts examined. Core norms of international humanitarian law, especially those supported by norm entrepreneurs, were seen to be the focus of sub-clusters and the emergence of new parts of the norm cluster could be observed over time. The findings suggest that further work with the conceptualisation of limits to armed conflict as norms could be useful in improving the embeddedness of norms amongst non-state armed groups and could be useful in reconceptualising limits to armed conflict in cases where broadly accepted norms face growing contestation.
Internationalized Armed Conflicts In International Law
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Author : Kubo Macak
language : en
Publisher: Oxford University Press
Release Date : 2018-07-12
Internationalized Armed Conflicts In International Law written by Kubo Macak 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 2018-07-12 with Law categories.
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Protecting Civilians In War
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Author : Miriam Bradley
language : en
Publisher: Oxford University Press
Release Date : 2016
Protecting Civilians In War written by Miriam Bradley 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.
This volume examines the roles, methods, and effectiveness of the International Committee of the Red Cross (ICRC) and the Office of the UN High Commissioner for Refugees (UNHCR) in protecting civilians in internal armed conflicts.
War Conflict And Human Rights
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Author : Chandra Lekha Sriram
language : en
Publisher: Routledge
Release Date : 2017-08-02
War Conflict And Human Rights written by Chandra Lekha Sriram and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-02 with Law categories.
War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.
Jurisdiction And Power
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Author : John Cerone
language : en
Publisher:
Release Date : 2012
Jurisdiction And Power written by John Cerone 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.
The events of recent years have prompted a closer examination of the legal complexities arising from transnational armed conflicts pitting a state against a non-state organized armed group based outside the state's territory. For much of the Twentieth Century it remained unclear whether human rights law would apply to a state's conduct during armed conflict or occupation. Despite continuing objections on the part of a handful of states, a consensus is evolving in favor of the view that human rights law applies in full alongside humanitarian law. Once it is settled that human rights law does not cease to apply by reason of the inception of a state of armed conflict, it is easy to see how this body of law would apply alongside humanitarian law in an internal armed conflict. The situation becomes more complex, however, when a state is engaged in a non-international armed conflict taking place outside of that state's territory. Unlike human rights law, the law of armed conflict was designed to apply primarily in an inter-state context. Thus, the vast majority of its provisions would clearly apply to a state's extraterritorial conduct, specifically in the territory of the opposing state. But what of that branch of humanitarian law that was developed to regulate non-international (i.e., non-inter-state) armed conflict? Recently, controversy arose as to whether Common Article 3 applied only to internal conflicts. The question of the extraterritorial application of Common Article 3 must be examined in light of the more general evolution in humanitarian law in favor of recognizing rights of individuals as such. There has been a substantial degree of convergence between the law of international armed conflict and the law of non-international armed conflict. A result of this convergence has been that individuals involved in a non-international armed conflict can now benefit from many of the protections once available only in the context of inter-state conflicts. At the same time, some have relied on this convergence to extend to non-international armed conflicts not only the prohibitions of the law of international armed conflict, but also, controversially, authorizations. In any event, notwithstanding continuing controversy over its content, there seems to be a general consensus supporting the proposition that the law of non-international armed conflict applies extraterritorially. As noted above, demonstrating the applicability of humanitarian law outside of a state's territory is facilitated by the fact that the bulk of the law of armed conflict was designed to apply in an interstate context, presupposing that states would be acting on each other's territory. That some of these rules are now deemed to apply even in an internal setting does not lessen the presumption that they will still apply extraterritorially, at least insofar as they consist of prohibitions and do not purport to impose obligations on third states. The situation is more complex under human rights law, which was not primarily designed to apply extraterritorially. In order to ascertain whether human rights law is applicable in the context of transnational conflicts with non-state groups, it is essential to consider the extent to which human rights law is applicable in relation to individuals outside the state's territory. Most of the jurisprudence of human rights bodies, which have greatly elaborated on the content of states' obligations under the various human rights treaties, has been developed in the context of alleged violations committed on the territory of the respective state party. Can these same standards be transposed onto the state's conduct abroad? Thus, it would seem that there may be an identifiable trend toward recognizing varying levels of obligation. In particular, it may be that negative obligations apply whenever a state acts extraterritorially (at least with respect to intentional human rights violations, as opposed to indirect consequences), but that the degree of positive obligations will be dependent upon the type and degree of control (or power or authority) exercised by the state. Such obligations are limited by a scope of reasonableness even when applied to a state's conduct within its territory; there is no reason why application to a state's extraterritorial conduct would not similarly be bounded by a scope of reasonableness, such that the adoption of affirmative measures is only required when and to the extent that the relevant party de jure or de facto enjoys a position of control that would make the adoption of such measures reasonable. This approach would preserve the integrity of the respective treaties and would vindicate the universal nature of human rights, which is proclaimed in the preambles of all of the human rights treaties considered in this analysis. At the same time, it would not place unreasonable burdens on states parties. From its inception, the international law of armed conflict followed the projection of power. The jus in bello would apply to armed conflicts irrespective of physical location, so long as opposability as between the warring parties was satisfied. The same could be said of the law of state responsibility for injury to aliens. While the application of both bodies of law clearly extended beyond the state's jurisdictional reach, neither could penetrate into the sphere of the state's domestic jurisdiction in the narrowest sense. Human Rights law was developed to fill that gap. But just as humanitarian law ultimately began to press inward against that external membrane of a state's domestic jurisdiction, human rights law has now begun to exert outward pressure against the inner wall of the state's jurisdiction. Indeed, these two processes - of inward penetration and outward projection - can be seen along a single continuum with a common seam. That seam is manifested in the structural evolution of the international legal system that was consolidated in the years immediately following World War II. The principal structural development of that period was the emergence of the individual human being as a subject of international law, capable of bearing international rights and duties. This structural development corresponded to a coalescence of values around a principle conceived as transcendental and universal - human dignity. Recognition by the newly re-conceived international community that the dignity of the individual human being was something entitled to legal protection led to the transformation of this principle into positive law. It is this conception of human rights as both transcendental and universal that pushes against the concept of jurisdiction - pushing simultaneously into the domestic sphere and out of it - and underscores both its artificiality and diminished existence. It is this conception, far more than the force of legal reasoning from positive law, that has enabled both human rights law and humanitarian law to grasp the outer and inner reaches of the power of the state. To the extent these rules are designed to protect individuals from abuses of state power, realization of that design entails application coextensive with the projection of that power. While the exact contours of their application may not be settled, the traditional principles of good faith and reasonableness in the circumstances provide ample guidance for shaping those contours.
Classification Of Conflicts In International Humanitarian Law
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Author : Noam Zamir
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Classification Of Conflicts In International Humanitarian Law written by Noam Zamir 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 2017-02-24 with categories.
Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.
States In Armed Conflict
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Author :
language : en
Publisher:
Release Date : 2008
States In Armed Conflict written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Military history, Modern categories.