The Transfer Of Conflict Related Detainees
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The Transfer Of Conflict Related Detainees
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Author : Maral Kashgar
language : en
Publisher: Nomos Verlag
Release Date : 2022-09-14
The Transfer Of Conflict Related Detainees written by Maral Kashgar and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Law categories.
Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.
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.
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.
The Treatment Of Prisoners Under International Law
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Author : Nigel Rodley
language : en
Publisher: Oxford University Press on Demand
Release Date : 2009-08-13
The Treatment Of Prisoners Under International Law written by Nigel Rodley and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-13 with Law categories.
This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.
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.
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 Law And The Classification Of Conflicts
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Author : Elizabeth Wilmshurst
language : en
Publisher: OUP Oxford
Release Date : 2012-08-02
International Law And The Classification Of Conflicts written by Elizabeth Wilmshurst and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-02 with Law categories.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
The Practical Guide To Humanitarian Law
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Author : Françoise Bouchet-Saulnier
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2013-12-12
The Practical Guide To Humanitarian Law written by Françoise Bouchet-Saulnier and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-12 with Political Science categories.
Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
Revisiting The Geneva Conventions 1949 2019
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Author : Md. Jahid Hossain Bhuiyan
language : en
Publisher: BRILL
Release Date : 2019-11-11
Revisiting The Geneva Conventions 1949 2019 written by Md. Jahid Hossain Bhuiyan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-11 with Law categories.
This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.
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.