Armed Conflict And International Law In Search Of The Human Face

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Armed Conflict and International Law: In Search of the Human Face

Mariëlle Matthee,Brigit Toebes,Marcel Brus
Armed Conflict and International Law In Search of the Human Face Book PDF

Author : Mariëlle Matthee,Brigit Toebes,Marcel Brus
Publisher : Springer Science & Business Media
Page : 392 pages
File Size : 49,6 Mb
Release : 2013-06-26
Category : Law
ISBN : 9789067049184

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Armed Conflict and International Law: In Search of the Human Face by Mariëlle Matthee,Brigit Toebes,Marcel Brus Pdf

This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

The Practical Guide to Humanitarian Law

Françoise Bouchet-Saulnier
The Practical Guide to Humanitarian Law Book PDF

Author : Françoise Bouchet-Saulnier
Publisher : Rowman & Littlefield Publishers
Page : 827 pages
File Size : 52,9 Mb
Release : 2013-12-12
Category : Political Science
ISBN : 9781442221130

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The Practical Guide to Humanitarian Law by Françoise Bouchet-Saulnier Pdf

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.

Searching for a 'principle of Humanity' in International Humanitarian Law

Anonim
Searching for a principle of Humanity in International Humanitarian Law Book PDF

Author : Anonim
Publisher : Unknown
Page : 365 pages
File Size : 51,7 Mb
Release : 2013
Category : Humanitarian law
ISBN : 1139778188

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Searching for a 'principle of Humanity' in International Humanitarian Law by Anonim Pdf

The legal norms of International Humanitarian Law are the product of a compromise between humanitarian considerations and the demands of military necessity. In Searching for a 'Principle of Humanity' in International Humanitarian Law, international legal scholars consider whether humanitarian considerations have an independent legal impact on IHL beyond the formation of these norms. They ask whether a 'principle of humanity' can be said to have legal force in its own right. Moreover, the book investigates whether regional or national differences are emerging regarding the import and emphasis placed on humanitarian considerations. For instance, do states which are not directly affected by armed conflict attach a greater weight to humanitarian considerations when interpreting and applying IHL than those states which are more directly involved in armed conflicts? Specifically, this book examines whether a particular 'Nordic perspective' can be identified, owing to those states' involvement in armed conflicts outside their own territories in the post- Second World War era.

Essays on Law and War at the Fault Lines

Michael N. Schmitt
Essays on Law and War at the Fault Lines Book PDF

Author : Michael N. Schmitt
Publisher : Springer Science & Business Media
Page : 640 pages
File Size : 55,9 Mb
Release : 2011-11-15
Category : Law
ISBN : 9789067047401

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Essays on Law and War at the Fault Lines by Michael N. Schmitt Pdf

This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

The Changing Face of Conflict and the Efficacy of International Humanitarian Law

Helen Durham,Timothy L.H. McCormack
The Changing Face of Conflict and the Efficacy of International Humanitarian Law Book PDF

Author : Helen Durham,Timothy L.H. McCormack
Publisher : BRILL
Page : 254 pages
File Size : 44,7 Mb
Release : 2022-10-31
Category : Law
ISBN : 9789004433601

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The Changing Face of Conflict and the Efficacy of International Humanitarian Law by Helen Durham,Timothy L.H. McCormack Pdf

It is indisputable that the way armed conflict is conducted has changed dramatically in the last half of the twentieth century. The contributions to this volume accept the reality of these changes and seek to assess the efficacy of certain aspects of international humanitarian law. The volume commences with a critical evaluation of the 1977 Protocols additional to the four Geneva Conventions of 1949. Subsequent chapters consider increasing protection for women and minorities in armed conflict; efforts to control the weapons of war; identifying the law applicable to peace operations; and current developments in the enforcement of international humanitarian law. One general theme which emerges from a number of chapters is the importance of the relationship between international humanitarian law and other relevant areas of international law. Most of the contributors also applaud recent developments towards effective enforcement of the established principles of this important area of international law.

The Oxford Handbook of International Law in Armed Conflict

Andrew Clapham,Paola Gaeta
The Oxford Handbook of International Law in Armed Conflict Book PDF

Author : Andrew Clapham,Paola Gaeta
Publisher : Unknown
Page : 1009 pages
File Size : 53,6 Mb
Release : 2014-03
Category : History
ISBN : 9780199559695

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The Oxford Handbook of International Law in Armed Conflict by Andrew Clapham,Paola Gaeta Pdf

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.

Cluster Munitions and International Law

Alexander Breitegger
Cluster Munitions and International Law Book PDF

Author : Alexander Breitegger
Publisher : Routledge
Page : 252 pages
File Size : 50,5 Mb
Release : 2012-03-12
Category : Law
ISBN : 9781136507182

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Cluster Munitions and International Law by Alexander Breitegger Pdf

This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author’s experiences as an adviser to Cluster Munitions Coalition-Austria. Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner’s perspective to a scholarly work.

The changing nature of war and its impacts on International Humanitarian Law

Philipp Schweers
The changing nature of war and its impacts on International Humanitarian Law Book PDF

Author : Philipp Schweers
Publisher : GRIN Verlag
Page : 16 pages
File Size : 46,5 Mb
Release : 2009-06-24
Category : Law
ISBN : 9783640356409

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The changing nature of war and its impacts on International Humanitarian Law by Philipp Schweers Pdf

Essay from the year 2009 in the subject Politics - Topic: Public International Law and Human Rights, grade: 7,5, University of Amsterdam (Vrije Universiteit Amsterdam), course: International Humanitarian Law, language: English, abstract: At the beginning of the 21st century it seems that warfare and armed conflict get messier and more chaotic than ever before. The phenomenon of weak and fragile statehood destabilizes whole regions and makes intra-state conflict to a constant feature with spill-over character in many areas of the world. At the same time do non-state armed actors, from warlords to armed militias to terrorists to private military firms, re-enter the international conflictscene. The globalized character of contemporary organized violence, especially the phenomenon of transnational terrorism, does challenge the international security structure. While symmetric inter-state conflicts are constantly decreasing and less likely to appear, the dominant form of contemporary armed conflict is intra-state and asymmetric by nature. One of the most striking features within contemporary armed violence is the increasingly important role of civilians, as victims but also as perpetrators and participants in hostilities. The fundamental line between soldiers and civilians has long been essential to the law of war, but with the rise of transnational terrorism, warlords and other non-state actors in armed conflict this distinction gets seemingly blurred.

International Legal Protection of Human Rights in Armed Conflict

United Nations. Office of the High Commissioner for Human Rights
International Legal Protection of Human Rights in Armed Conflict Book PDF

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 130 pages
File Size : 47,9 Mb
Release : 2011
Category : Law
ISBN : MINN:31951D03613922U

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International Legal Protection of Human Rights in Armed Conflict by United Nations. Office of the High Commissioner for Human Rights Pdf

International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons.

An Introduction to the International Law of Armed Conflicts

Robert Kolb,Richard Hyde
An Introduction to the International Law of Armed Conflicts Book PDF

Author : Robert Kolb,Richard Hyde
Publisher : Bloomsbury Publishing
Page : 372 pages
File Size : 46,9 Mb
Release : 2008-09-17
Category : Law
ISBN : 9781847314604

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An Introduction to the International Law of Armed Conflicts by Robert Kolb,Richard Hyde Pdf

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.

The Grey Zone

Mark Lattimer,Philippe Sands
The Grey Zone Book PDF

Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 459 pages
File Size : 50,9 Mb
Release : 2018-07-26
Category : Law
ISBN : 9781509908653

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The Grey Zone by Mark Lattimer,Philippe Sands Pdf

The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today's conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.

The Accountability of Armed Groups under Human Rights Law

Katharine Fortin
The Accountability of Armed Groups under Human Rights Law Book PDF

Author : Katharine Fortin
Publisher : Oxford University Press
Page : 448 pages
File Size : 49,8 Mb
Release : 2017-08-11
Category : Law
ISBN : 9780192536075

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The Accountability of Armed Groups under Human Rights Law by Katharine Fortin Pdf

Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.

Internationalized Armed Conflicts in International Law

Kubo Macak
Internationalized Armed Conflicts in International Law Book PDF

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 51,5 Mb
Release : 2018-07-19
Category : Law
ISBN : 9780192551795

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Internationalized Armed Conflicts in International Law by Kubo Macak Pdf

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

The Handbook of International Humanitarian Law

Michael Bothe
The Handbook of International Humanitarian Law Book PDF

Author : Michael Bothe
Publisher : Oxford University Press
Page : 767 pages
File Size : 55,8 Mb
Release : 2013-08-29
Category : History
ISBN : 9780199658800

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The Handbook of International Humanitarian Law by Michael Bothe Pdf

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Fighting and Victimhood in International Criminal Law

Joanna Nicholson
Fighting and Victimhood in International Criminal Law Book PDF

Author : Joanna Nicholson
Publisher : Routledge
Page : 195 pages
File Size : 53,6 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781317210542

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Fighting and Victimhood in International Criminal Law by Joanna Nicholson Pdf

The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.