Self Determination Terrorism And The International Humanitarian Law Of Armed Conflict
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Self Determination Terrorism And The International Humanitarian Law Of Armed Conflict
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Author : Elizabeth Chadwick
language : en
Publisher: BRILL
Release Date : 2023-08-28
Self Determination Terrorism And The International Humanitarian Law Of Armed Conflict written by Elizabeth Chadwick and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-28 with Law categories.
A preliminary definition of international terrorism was agreed by the world community in 1937. Since then, a World War and the Cold War have made any such modern consensus impossible. In particular, the UN principles of equal rights and self-determination of `Peoples' have caused political and juridical confusion, in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed `terrorists', and are prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination `as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations'. Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence and, when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obliged to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Dr Chadwick argues that, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily in regard to a definition of terrorism in general, and a coordination of efforts to deter its occurrence.
Self Determination In The Post 9 11 Era
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Author : Elizabeth Chadwick
language : en
Publisher: Routledge
Release Date : 2011-05-06
Self Determination In The Post 9 11 Era written by Elizabeth Chadwick and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-06 with Law categories.
This book discusses the increasing tendency in certain government quarters to incorporate struggles by peoples for their self-determination into the wider anti-terrorist agenda of the post-9/11 era. This tendency distorts the laws of armed conflict and of peace alike. As inter-state anti-terrorist co-operation becomes more extensive, the transaction costs of international peace and security between states increase. Modes of domestic state governance are left increasingly to the vagaries of inter-state non-interference in the domestic affairs of each other. The ‘war on terror’ and an increasingly strict, domestic state law-and-order approach to silence political opponents increases the dangers for civilians, eliminates rights, and generates suspect communities. At the same time, public institutions and private corporations are harnessed into the mechanics of a broad project of prevention and control. Distinctively, the book considers the impact of the recent ‘war on terror’ on the politics of the self-determination of peoples. It draws together issues related to governmental forceful action, an increasing intolerance towards non-state violent acts, the content of international and regional codifications, expansions in state discretion, the encroachment of surveillance powers, and the interaction and overlap between intelligence and law enforcement agencies. Self-Determination in the Post-9/11 Era will be of interest to students and scholars of public international law, criminology, comparative criminal justice, terrorism and national security, politics, international relations, human rights, governance and public policy.
The Kurdish Conflict
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Author : Kerim Yildiz
language : en
Publisher: Routledge
Release Date : 2010-06-21
The Kurdish Conflict written by Kerim Yildiz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-21 with Law categories.
The book looks at practically applying the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region will also mean addressing larger questions in international law, global politics and conflict resolution including belligerency in international law, whether the 'law on terror' has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The book goes on to consider conflict resolution in the region, offering a comparative analysis of the situation in Northern Ireland, and suggesting possible political solutions to bring the conflict to an end. This book is the first study into the legislative and humanitarian side of the conflict and will offer a scholarly exploration of a debate that is often politically and emotionally highly charged.
Non Combatant Immunity As A Norma Of International Humanitarian Law
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Author : Judith Gail Gardam
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1993-04-08
Non Combatant Immunity As A Norma Of International Humanitarian Law written by Judith Gail Gardam and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-04-08 with Law categories.
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Non Combatant Immunity As A Norm Of International Humanitarian Law
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Author : Judith Gail Gardam
language : en
Publisher: BRILL
Release Date : 2023-11-27
Non Combatant Immunity As A Norm Of International Humanitarian Law written by Judith Gail Gardam and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
The Law Of Armed Conflict
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Author : Gary D. Solis
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-18
The Law Of Armed Conflict written by Gary D. Solis 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 2016-04-18 with Law categories.
This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
The International Law Of Armed Conflict Personal And Material Fields Of Application
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Author : Edward K. Kwakwa
language : en
Publisher: BRILL
Release Date : 2023-11-27
The International Law Of Armed Conflict Personal And Material Fields Of Application written by Edward K. Kwakwa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
The underlying rationale for the international humanitarian law of war is the protection of individuals and victims of war. This book is a contribution to the study of human rights in general and humanitarian law in particular. It contains detailed information and analysis of the law and practice relating to international armed conflicts involving irregular combatants. The discussion focuses on the most controversial provisions of Additional Protocol I to the Geneva Conventions: the classification of wars of national liberation, the treatment of guerrillas and mercenaries upon capture, reprisals, and the question of supervision and implementation in such conflicts. The manuscript on which this book was based was awarded the 1991 Paul Reuter Prize by the International Committee of the Red Cross.
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.
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The Law Of Armed Conflict
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Author : Howard M. Hensel
language : en
Publisher: Routledge
Release Date : 2017-09-29
The Law Of Armed Conflict written by Howard M. Hensel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-29 with Law categories.
Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.
The Oxford Handbook Of International Law In Armed Conflict
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Author : Andrew Clapham
language : en
Publisher:
Release Date : 2014-03
The Oxford Handbook Of International Law In Armed Conflict written by Andrew Clapham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with History categories.
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.