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The Law Of Non International Armed Conflict

Author: Sandesh Sivakumaran
Publisher: Oxford University Press
ISBN: 0199239797
Size: 42.26 MB
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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.

Detention In Non International Armed Conflict

Author: Lawrence Hill-Cawthorne
Publisher: Oxford University Press
ISBN: 0198749929
Size: 78.95 MB
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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 Formation Of The Treaty Rules Applicable In Non International Armed Conflicts

Author: Laura Perna
Publisher: Martinus Nijhoff Publishers
ISBN: 9004149244
Size: 64.16 MB
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The purpose of this work is to trace the processes that led and continue to lead to the formation of the treaty norms applicable in non-international armed conflicts. If the purpose of humanitarian law is to achieve a balance between military necessity and humanitarian considerations and to prevent unnecessary suffering and destruction, humanitarian law rules should be equally applicable to both international and internal armed conflicts. Whilst, however, there are a huge number of treaty provisions applicable to international armed conflicts, very few provisions are specifically designed to regulate non-international armed conflicts despite the dramatic increase in the number of such conflicts. The study investigates the reasons behind the differences by analysing, "inter alia," questions such as: Where does the international law of internal armed conflicts come from? Why did it evolve differently from the law regulating international armed conflicts? Where is the international law of internal armed conflicts going?

Non International Armed Conflicts In International Law

Author: Yoram Dinstein
Publisher: Cambridge University Press
ISBN: 1316061507
Size: 58.31 MB
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This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.

The Concept Of Non International Armed Conflict In International Humanitarian Law

Author: Anthony Cullen
Publisher: Cambridge University Press
ISBN: 1139486608
Size: 13.94 MB
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Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.

The Handbook Of International Humanitarian Law

Author: Dieter Fleck
Publisher: Oxford University Press
ISBN: 0199658803
Size: 51.22 MB
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This handbook offers the most up-to-date authoritative commentary and analysis of international humanitarian law applicable in international and non-international armed conflicts. Renowned international lawyers offer insight in the relevant principles and provisions. They also address important rules for post-conflict situations and peace operations, issues of human rights in military operations and problems of application of the law in campaigns against terroristattacks. Controversial opinions and judgments of national and international courts are addressed in a practice-oriented manner. Based on best-practice rules of global importance, this standard bookelaborates extensively on efforts to ensure compliance and enforcement.

Combatant Status In Non International Armed Conflicts And The Issues Relating To The Lawfulness Of The Us Operation Against Osama Bin Laden

Author: Vito Pappagallo
Publisher: GRIN Verlag
ISBN: 3656028486
Size: 64.22 MB
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Master's Thesis from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: Distinction, University of Westminster, course: International Humanitarian Law, language: English, abstract: This study takes into account the important changes concerning the way to conduct armed conflicts that has been made over the last century. One of the most important changes concerns the types of armed conflicts. Nowadays, the term ‘war’ and the phrase ‘civil war’ have been replaced by the phrases, ‘international’ and ‘non-international’ armed conflicts, respectively. In the following pages of this study, since the end of the Second World War, an important raise in the numbers of non-international armed conflicts was registered around the world. Despite this, most of the treaties, conventions and regulations concerned the conduct of international armed conflict, even if these armed conflicts were very uncommon. Taking into account this important change, the International Criminal Tribunal for the Former Yugoslavia (hereinafter ICTY) in a Tadić case suggested that the law of armed conflict should be applied more uniformly. According to the Court orientation, the equal application of the law of armed conflicts is justified by the exponential growing frequency and cruelty of internal conflicts which make irrelevant the distinction between types of armed conflicts. The same conclusion has been reached by the International Committee of the Red Cross (hereinafter ICRC) through its study on the international customary status of international humanitarian law, by which has been proved that there are tangibles reasons in order to support the abandon of the legal distinction between the international and non-international armed conflicts. As it will be demonstrated in the first chapter of this study, the progress made by the international community in this sense has been considerable. Indeed, it can be said that, nowadays, there is an important body of provisions concerning the law of international armed conflicts which applied also to a non-international armed conflicts. However, some distinct areas regulated by the law of armed conflicts, such as combatant status and prisoners of war rights, remain exclusive to international armed conflicts. The second chapter of this study, therefore, will explore the meaning of combatant status and the reasons of its denial to non-State participants during an non-international armed conflict. Consequently, it will be discussed the status of non-State participants when no longer engaged in non-international armed conflict and analysed the legality of the Osama Bin Laden killing in accordance with the law of armed conflicts.