Detention of Non-State Actors Engaged in Hostilities PDF Download

Author: Gregory Rose
Publisher: BRILL
ISBN: 9004310649
Category : Law
Languages : en
Pages : 451

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Book Description
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.

Author: Jelena Plamenac
Publisher: BRILL
ISBN: 9004470557
Category : Law
Languages : en
Pages : 295

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Book Description
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.

Author: Ezequiel Heffes
Publisher: Springer Nature
ISBN: 9462653399
Category : Law
Languages : en
Pages : 451

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Book Description
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

Author: Lawrence Hill-Cawthorne
Publisher: Oxford University Press
ISBN: 0198749929
Category : Law
Languages : en
Pages : 305

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Book Description
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 treaty 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, focusing on preventive, security detention, or 'internment'. All relevant areas of international law, notably international humanitarian law (IHL), human rights law (IHRL), and international criminal law, are analysed in detail with reference to case law. It is shown that, contrary to conventional wisdom, IHL is not entirely silent here, but rather contains a general prohibition of internment that is not necessary as a result of the conflict. The book then gives an original account of the relationship between IHL and IHRL, which helps to move beyond the intractable debates that dominate the literature in this area. Applying this account, and referring to state practice in specific non-international conflicts, it is demonstrated that treaty and customary-based IHRL continues, absent derogation, to regulate detention in non-international conflicts. Importantly, the under-explored question of the practical application of these rules in such situations is then explored in detail, which should guide states, courts, and others in this area. The book concludes with a set of concrete proposals for developing the law, in a manner that builds upon the existing obligations of states and non-state armed groups--Book jacket.

Author: Ezequiel Heffes
Publisher: Cambridge University Press
ISBN: 1108851592
Category : Law
Languages : en
Pages : 313

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Book Description
An examination of the law applicable to detention conducted by non-State armed groups, together with their practices in conflict settings. Drawing on his personal experiences working with humanitarian organizations, Ezequiel Heffes explores how international law could be best employed to protect individuals.

Author: Emily Crawford
Publisher: Oxford University Press
ISBN: 0199578966
Category : History
Languages : en
Pages : 239

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Book Description
This book looks at why international law continues to make the legal distinction between persons who participate in an international or an internal armed conflict and, drawing on considerable legal precedent, legal theory, and the situation in Guantanamo Bay, it argues that it is time for the law of armed conflict to be applied more uniformly.

Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0192597493
Category : Law
Languages : en
Pages : 481

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Book Description
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.

Author: Matthias Vanhullebusch
Publisher: BRILL
ISBN: 900446980X
Category : Law
Languages : en
Pages : 489

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Book Description
This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.

Author: Charu Lata Hogg
Publisher: Human Rights Watch
ISBN:
Category : Civil war
Languages : en
Pages : 131

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Book Description

Author: Suzannah Linton
Publisher: Cambridge University Press
ISBN: 9781108497244
Category : Law
Languages : en
Pages : 926

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Book Description
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.