The Duty To Investigate In Situations Of Armed Conflict
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The Duty To Investigate In Situations Of Armed Conflict
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Author : Floris Tan
language : en
Publisher: BRILL
Release Date : 2023-09-14
The Duty To Investigate In Situations Of Armed Conflict written by Floris Tan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-14 with Law categories.
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
Investigating Civilian Casualties In Time Of Armed Conflict And Belligerent Occupation
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Author : Alon Margalit
language : en
Publisher: BRILL
Release Date : 2018-07-19
Investigating Civilian Casualties In Time Of Armed Conflict And Belligerent Occupation written by Alon Margalit and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-19 with Law categories.
In Investigating Civilian Casualties Alon Margalit discusses the appropriate response to State-caused fatalities. Highlighting various legal and practical challenges, the State's duty to investigate is considered amid increasing public scrutiny and influence of human rights law during military operations
Law Applicable To Armed Conflict
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Author : Ziv Bohrer
language : en
Publisher: Cambridge University Press
Release Date : 2020-02-29
Law Applicable To Armed Conflict written by Ziv Bohrer 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 2020-02-29 with Law categories.
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.
Customary International Humanitarian Law
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Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005-03-03
Customary International Humanitarian Law written by Jean-Marie Henckaerts 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 2005-03-03 with Law categories.
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
War Crimes And The Conduct Of Hostilities
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Author : Fausto Pocar
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-09-30
War Crimes And The Conduct Of Hostilities written by Fausto Pocar 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 2013-09-30 with Law categories.
ŠThis comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual viole
Military Investigations In Armed Conflict
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Author : Claire Simmons
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-02
Military Investigations In Armed Conflict written by Claire Simmons and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-02 with Law categories.
An allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate? This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.
Routledge Handbook Of The Law Of Armed Conflict
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Author : Rain Liivoja
language : en
Publisher: Routledge
Release Date : 2016-04-28
Routledge Handbook Of The Law Of Armed Conflict written by Rain Liivoja and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-28 with Law categories.
The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.
An Introduction To The International Law Of Armed Conflicts
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Author : Robert Kolb
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-09-17
An Introduction To The International Law Of Armed Conflicts written by Robert Kolb and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-17 with Law categories.
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
Rules Of Engagement And The International Law Of Military Operations
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Author : J. F. R. Boddens Hosang
language : en
Publisher: Oxford University Press
Release Date : 2020-01-31
Rules Of Engagement And The International Law Of Military Operations written by J. F. R. Boddens Hosang 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 2020-01-31 with Law categories.
The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.
War Conflict And Human Rights
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Author : Chandra Lekha Sriram
language : en
Publisher: Routledge
Release Date : 2009-07-06
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 2009-07-06 with History categories.
War, Conflict and Human Rights is an innovative new inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. Making use of both theoretical and practical approaches, this book: examines 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; explores the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, the Democratic Republic of Congo and the former Yugoslavia, as well as the 'Global War on Terror'; assesses 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, and the International Criminal Court; discusses continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This book 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 and international relations, generally. Chandra Sriram is Professor of International Law at the University of East London and Director of the Centre for Human Rights in Conflict. Olga Martin-Ortega is a Research Fellow at the Centre for Human Rights in Conflict at the University of East London. Johanna Herman is Research Fellow at the Centre on Human Rights in Conflict at the University of East London.