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The Law Of Non International Armed Conflict

Author: Sandesh Sivakumaran
Publisher: Oxford University Press
ISBN: 0199239797
Size: 35.78 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: 11.49 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.

Non International Armed Conflicts In International Law

Author: Yoram Dinstein
Publisher: Cambridge University Press
ISBN: 1316061507
Size: 38.31 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: 29.68 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 Law Of Internal Armed Conflict

Author: Lindsay Moir
Publisher: Cambridge University Press
ISBN: 9781139431736
Size: 63.89 MB
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Laws regulating armed conflict have existed for centuries, but the bulk of these provisions have been concerned with wars between states. Relatively little attention has been paid to the enormously important area of internal armed conflict. At a time when international armed conflicts are vastly outnumbered by domestic disputes, this book seeks to redress the balance through a comprehensive analysis of those rules which exist in international law to protect civilians during internal armed conflict. From regulations in the nineteenth and early twentieth centuries according to the doctrine of recognition of belligerency, this book traces the subsequent development of international law by the Geneva Conventions and their additional Protocols, as well as through the more recent jurisprudence of the Yugoslav and Rwandan tribunals. The book also considers the application of human rights law during internal armed conflict, before assessing how effectively the applicable law is, and can be, enforced.

The Handbook Of International Humanitarian Law

Author: Dieter Fleck
Publisher: Oxford University Press
ISBN: 0199658803
Size: 24.25 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.

The Law Of Armed Conflict

Author: Gary D. Solis
Publisher: Cambridge University Press
ISBN: 1107135605
Size: 70.11 MB
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This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.

The Oxford Handbook Of International Law In Armed Conflict

Author: Andrew Clapham
Publisher: Oxford University Press
ISBN: 0199559694
Size: 12.93 MB
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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.