Investigating Operational Incidents In A Military Context

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Investigating Operational Incidents in a Military Context

David W. Lovell
Investigating Operational Incidents in a Military Context Book PDF

Author : David W. Lovell
Publisher : Martinus Nijhoff Publishers
Page : 273 pages
File Size : 41,5 Mb
Release : 2014-11-27
Category : Law
ISBN : 9789004277106

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Investigating Operational Incidents in a Military Context by David W. Lovell Pdf

‘Operational incidents’ denotes misconduct, misdeeds or mishaps that occur on military operations, whether concerning the mistreatment of enemy soldiers, offences against civilians, conflict of varying levels within one’s own forces, or accidents that lead to injury or death within a theatre of operations. Alleged breaches of IHL or the disciplinary regulations of particular militaries require at the very least an initial assessment to determine the facts and then, if warranted, a more substantial investigation. The need for robust investigations, however, is not always matched by the will and the ability to undertake them. There is at last a sufficient body of experience on which we can reflect, in this volume, on such investigations, their challenges, and their likely evolution.

Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation

Alon Margalit
Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Book PDF

Author : Alon Margalit
Publisher : BRILL
Page : 304 pages
File Size : 41,8 Mb
Release : 2018-07-19
Category : Law
ISBN : 9789004368217

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Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation by Alon Margalit Pdf

In Investigating Civilian Casualties Alon Margalit discusses the appropriate response to State-caused fatalities. Highlighting various legal and practical challenges, the State's duty to investigate is considered amid increasing public scrutiny and influence of human rights law during military operations

Military Investigations in Armed Conflict

Claire Simmons
Military Investigations in Armed Conflict Book PDF

Author : Claire Simmons
Publisher : Taylor & Francis
Page : 212 pages
File Size : 53,9 Mb
Release : 2024-04-02
Category : Law
ISBN : 9781040006696

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Military Investigations in Armed Conflict by Claire Simmons Pdf

An allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate? This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.

British Justice, War Crimes and Human Rights Violations

Susan L. Kemp
British Justice War Crimes and Human Rights Violations Book PDF

Author : Susan L. Kemp
Publisher : Springer Nature
Page : 488 pages
File Size : 51,8 Mb
Release : 2019-09-26
Category : Political Science
ISBN : 9783030141134

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British Justice, War Crimes and Human Rights Violations by Susan L. Kemp Pdf

This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the ‘Age of Accountability.’ However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK’s legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.

The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order

Catherine Harwood
The Roles and Functions of Atrocity Related United Nations Commissions of Inquiry in the International Legal Order Book PDF

Author : Catherine Harwood
Publisher : BRILL
Page : 413 pages
File Size : 47,9 Mb
Release : 2020-01-13
Category : Law
ISBN : 9789004411241

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The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order by Catherine Harwood Pdf

In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores how United Nations inquiries navigate considerations of principle and pragmatism to discern their identity in the international legal order.

The Ethics of Special Ops

Deane-Peter Baker,Roger Herbert,David Whetham
The Ethics of Special Ops Book PDF

Author : Deane-Peter Baker,Roger Herbert,David Whetham
Publisher : Cambridge University Press
Page : 247 pages
File Size : 45,8 Mb
Release : 2023-11-30
Category : Philosophy
ISBN : 9781009292085

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The Ethics of Special Ops by Deane-Peter Baker,Roger Herbert,David Whetham Pdf

The field of military ethics has generally been attentive to emerging trends in modern warfare. Cyber, robotics and AI, for example, have inspired an abundant and flourishing literature. One trend, however, has been largely overlooked: the emergence of special operations as a prominent instrument of statecraft. Drawing extensively on historical cases and first-hand experience, the authors of this book call attention to qualities inherent in special operations – and special operators – that challenge the moral framework which has long informed conventional military operations. Moral theorists will find this analysis provocative, while practitioners – those who conduct or oversee special operations and have an interest in the moral wellbeing of special operators – can put the authors' insights to practical use. Those who simply view with fascination the opaque world of special operations will find this book illuminating.

The Military as a Separate Society

Pauline Collins
The Military as a Separate Society Book PDF

Author : Pauline Collins
Publisher : Rowman & Littlefield
Page : 341 pages
File Size : 54,8 Mb
Release : 2019-10-09
Category : Law
ISBN : 9781498557054

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The Military as a Separate Society by Pauline Collins Pdf

The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward diminished responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment weakens both the military reputation and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society.

Accountability for Violations of International Humanitarian Law

Jadranka Petrovic
Accountability for Violations of International Humanitarian Law Book PDF

Author : Jadranka Petrovic
Publisher : Routledge
Page : 344 pages
File Size : 50,9 Mb
Release : 2015-06-26
Category : Law
ISBN : 9781317669791

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Accountability for Violations of International Humanitarian Law by Jadranka Petrovic Pdf

International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.

Complex Battlespaces

Christopher M. Ford,Winston S. Williams
Complex Battlespaces Book PDF

Author : Christopher M. Ford,Winston S. Williams
Publisher : Lieber Studies
Page : 553 pages
File Size : 52,8 Mb
Release : 2018-12-21
Category : Law
ISBN : 9780190915360

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Complex Battlespaces by Christopher M. Ford,Winston S. Williams Pdf

"This workshop, Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare, was held at West Point on October 24-26, 2016. It marked the official opening of the Lieber Institute." -- ECIP forword.

The Ethics of Urban Warfare

Dragan Stanar,Kristina Tonn
The Ethics of Urban Warfare Book PDF

Author : Dragan Stanar,Kristina Tonn
Publisher : BRILL
Page : 240 pages
File Size : 46,5 Mb
Release : 2022-12-28
Category : Law
ISBN : 9789004522404

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The Ethics of Urban Warfare by Dragan Stanar,Kristina Tonn Pdf

This volume provides the reader with the history of urban warfare and the critical insights into the ethical problems arising from various dimensions of modern urban warfare through ten chapters written by acclaimed experts in the field.

The Handbook of the International Law of Military Operations

Terry D. Gill,Dieter Fleck
The Handbook of the International Law of Military Operations Book PDF

Author : Terry D. Gill,Dieter Fleck
Publisher : Oxford University Press
Page : 686 pages
File Size : 45,9 Mb
Release : 2011
Category : Law
ISBN : 9780199641215

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The Handbook of the International Law of Military Operations by Terry D. Gill,Dieter Fleck Pdf

Based on best-practice rules of global importance, this Handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force. Renowned international lawyers offer insight into the relevant principles and provisions.

The Application of the European Convention on Human Rights to Military Operations

Stuart Wallace
The Application of the European Convention on Human Rights to Military Operations Book PDF

Author : Stuart Wallace
Publisher : Cambridge University Press
Page : 277 pages
File Size : 50,6 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108475181

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The Application of the European Convention on Human Rights to Military Operations by Stuart Wallace Pdf

An analysis of how the European Convention on Human Rights applies to military operations.

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 : 40,8 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 Duty to Investigate in Situations of Armed Conflict

Floris Tan
The Duty to Investigate in Situations of Armed Conflict Book PDF

Author : Floris Tan
Publisher : BRILL
Page : 647 pages
File Size : 48,6 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789004540958

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The Duty to Investigate in Situations of Armed Conflict by Floris Tan Pdf

This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.

Pre-Employment Background Investigations for Public Safety Professionals

Frank A. Colaprete
Pre Employment Background Investigations for Public Safety Professionals Book PDF

Author : Frank A. Colaprete
Publisher : CRC Press
Page : 623 pages
File Size : 43,7 Mb
Release : 2012-05-10
Category : Business & Economics
ISBN : 9781439893869

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Pre-Employment Background Investigations for Public Safety Professionals by Frank A. Colaprete Pdf

***Author Radio InterviewJoin Dr. Frank A. Colaprete for an upcoming interview on the Privacy Piracy show on KUCI 88.9FM. Click here on September 2nd, 2013 at 8:00 a.m. PST to listen in.Pre-employment investigations have been the subject of intense review and debate since 9/11 made the vetting of applicants a critical function of every organization