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Author : Gerd Oberleitner
Publisher : Cambridge University Press
Page : 433 pages
File Size : 55,6 Mb
Release : 2015-03-05
Category : Law
ISBN : 9781107087545
A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
Author : Jens David Ohlin
Publisher : Cambridge University Press
Page : 417 pages
File Size : 53,6 Mb
Release : 2016-08-04
Category : Law
ISBN : 9781107137936
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Author : Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
Publisher : Routledge
Page : 353 pages
File Size : 50,7 Mb
Release : 2017-08-02
Category : Law
ISBN : 9781351999595
War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.
Author : Daragh Murray
Publisher : Oxford University Press
Page : 400 pages
File Size : 43,5 Mb
Release : 2016
Category : Law
ISBN : 9780198791393
Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.
Author : Daniel Ivo Odon
Publisher : Routledge
Page : 227 pages
File Size : 46,6 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781000408935
This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their coapplicability in armed conflict situations. The work examines the jurisprudence of the international human rights courts and looks at the Inter-American and European Courts of Human Rights case law in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community’s legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights and international humanitarian law.
Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 130 pages
File Size : 46,5 Mb
Release : 2011
Category : Law
ISBN : MINN:31951D03613922U
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.
Author : Edward K. Kwakwa
Publisher : BRILL
Page : 224 pages
File Size : 44,9 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004642294
The underlying rationale for the international humanitarian law of war is the protection of individuals and victims of war. This book is a contribution to the study of human rights in general and humanitarian law in particular. It contains detailed information and analysis of the law and practice relating to international armed conflicts involving irregular combatants. The discussion focuses on the most controversial provisions of Additional Protocol I to the Geneva Conventions: the classification of wars of national liberation, the treatment of guerrillas and mercenaries upon capture, reprisals, and the question of supervision and implementation in such conflicts. The manuscript on which this book was based was awarded the 1991 Paul Reuter Prize by the International Committee of the Red Cross.
Author : Frits Kalshoven
Publisher : BRILL
Page : 1128 pages
File Size : 47,8 Mb
Release : 2007-06-22
Category : Law
ISBN : 9789047420835
The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians ... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.
Author : Andrew Clapham,Paola Gaeta
Publisher : Unknown
Page : 1009 pages
File Size : 43,8 Mb
Release : 2014-03
Category : History
ISBN : 9780199559695
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.
Author : Dieter Fleck
Publisher : OUP Oxford
Page : 812 pages
File Size : 42,5 Mb
Release : 2008-01-24
Category : Law
ISBN : 9780191029882
This fully updated second edition the work previously known as The Handbook of Humanitarian Law in Armed Conflicts sets out an international 'manual' of humanitarian law in armed conflicts accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. Topics examined include the historical development, legal basis, and scope of application of international humanitarian law; methods and means of combat; protection of the civilian population, and of the wounded, sick or shipwrecked, and of prisoners of war; the protection of cultural property; the law of neutrality; and the enforcement of international humanitarian law. This edition also incorporates new chapters covering the law of non-international armed conflicts and international peace operations. Highly topical issues including the role of the UN security council, the relevance of International Humanitarian Law in peacetime and post-conflict military operations, and enforcement through trials for war crimes in national and international courts are also discussed.
Author : Orna Ben-Naftali
Publisher : Oxford University Press
Page : 425 pages
File Size : 41,5 Mb
Release : 2011-01-13
Category : Law
ISBN : 9780191001604
Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.
Author : Anonim
Publisher : Unknown
Page : 119 pages
File Size : 50,6 Mb
Release : 2011
Category : Electronic books
ISBN : 9210550978
"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."--Pub. desc.
Author : Elena Katselli Proukaki
Publisher : Routledge
Page : 227 pages
File Size : 40,9 Mb
Release : 2018-03-05
Category : Law
ISBN : 9781317243892
This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.
Author : Elizabeth Chadwick
Publisher : Martinus Nijhoff Publishers
Page : 238 pages
File Size : 45,7 Mb
Release : 1996-03-05
Category : Law
ISBN : 9789041101228
Parties to a conflict.
Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
Page : 300 pages
File Size : 45,5 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191067013
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.