Killing In A Gray Area Between Humanitarian Law And Human Rights

Author : Jan Römer
Publisher : Springer Science & Business Media
Page : 196 pages
File Size : 46,8 Mb
Release : 2010-01-12
Category : Law
ISBN : 9783642046629

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Killing in a Gray Area between Humanitarian Law and Human Rights by Jan Römer Pdf

Armed forces can be confronted with the problem of correctly classifying a targeted group as one that is or is not party to an armed conflict. In particular, this happens in a context of a high level of violence where a non-international armed conflict is (likely) occurring at the same time, such as in Iraq, Afghanistan, Brazil or Mexico. The difficulty of qualifying the targeted group leads to a legal uncertainty in which it is unclear whether an operation is governed by international humanitarian law or the international law of human rights. The problem is of particular interest when lethal force is resorted to, as killing might be illegal under one of the two branches. The book attempts to provide guidance on how this uncertainty can be overcome. In order to do so, the requirements to kill under IHL and human rights law are analyzed and compared, as well as assessed in concrete operations of the National Police of Colombia who face this problem on a regular basis.

Author : Jan R©œmer
Publisher : Unknown
Page : 128 pages
File Size : 48,6 Mb
Release : 2010
Category : Comparative law
ISBN : OCLC:889170500

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Killing in a Gray Area Between Humanitarian Law and Human Rights by Jan R©œmer Pdf

Author : Constantin von der Groeben
Publisher : BoD – Books on Demand
Page : 182 pages
File Size : 52,9 Mb
Release : 2014-11-06
Category : Law
ISBN : 9783735759269

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Transnational Conflicts and International Law by Constantin von der Groeben Pdf

Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operations against the PKK in northern Iraq pose difficulties as they transcend individual nations˙ political systems and geographical borders. Whether the law of war (i.e. humanitarian law) is applicable to such conflicts and to what extent human rights law binds the states involved is debated. This work aims to provide structure to the current debate and analyzes the applicability of both humanitarian law and human rights law. Furthermore, it examines and explores approaches to enhance and develop the existing legal framework, including proposed new legal regimes for transnational conflicts. The author argues against the strict separation of international humanitarian law and human rights law and instead borrows from Colombian authorities’ experience in their struggle with the FARC to develop an alternate solution, combining both legal regimes in an integrated approach.

Author : Anne Dienelt
Publisher : Springer Nature
Page : 362 pages
File Size : 46,7 Mb
Release : 2022-08-12
Category : Law
ISBN : 9783030993399

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Armed Conflicts and the Environment by Anne Dienelt Pdf

The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.

Author : Robin Geiß,Heike Krieger
Publisher : Oxford University Press, USA
Page : 513 pages
File Size : 43,5 Mb
Release : 2020
Category : Law
ISBN : 9780198842965

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The 'legal Pluriverse' Surrounding Multinational Military Operations by Robin Geiß,Heike Krieger Pdf

The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.

Author : Jens David Ohlin,Kevin Govern,Claire Finkelstein
Publisher : OUP Oxford
Page : 360 pages
File Size : 50,5 Mb
Release : 2015-03-19
Category : Law
ISBN : 9780191027017

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Cyber War by Jens David Ohlin,Kevin Govern,Claire Finkelstein Pdf

Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyses the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.

Author : Kenneth Watkin
Publisher : Oxford University Press
Page : 729 pages
File Size : 43,5 Mb
Release : 2016
Category : Law
ISBN : 9780190457976

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Fighting at the Legal Boundaries by Kenneth Watkin Pdf

"Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum." --

Author : Kenneth Watkin OMM, CD, QC
Publisher : Oxford University Press
Page : 456 pages
File Size : 48,9 Mb
Release : 2016-05-03
Category : Law
ISBN : 9780190457983

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Fighting at the Legal Boundaries by Kenneth Watkin OMM, CD, QC Pdf

The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.

Author : William Banks
Publisher : Oxford University Press
Page : 310 pages
File Size : 44,8 Mb
Release : 2013-01-22
Category : Law
ISBN : 9780199311460

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Counterinsurgency Law by William Banks Pdf

In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.

Author : Farhad Malekian
Publisher : Springer
Page : 340 pages
File Size : 41,5 Mb
Release : 2017-03-31
Category : Law
ISBN : 9783319469003

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Judgments of Love in Criminal Justice by Farhad Malekian Pdf

This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 475 pages
File Size : 51,7 Mb
Release : 2018-07-26
Category : Law
ISBN : 9781509908639

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The Grey Zone by Mark Lattimer,Philippe Sands Pdf

The high civilian death toll in protracted conflicts such as those in Syria or Iraq appears to demonstrate how little the international legal order has to offer 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 that, at least in theory, are intended to protect civilians. But which law or laws apply in a given situation and what are the obstacles to their implementation? How can the law assist civilians injured by 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 but sometimes controversial use of human rights courts to remedy violations of the laws of armed conflict, or by proposals for new instruments or mechanisms of civilian legal protection? This volume brings together contributions from leading academic authorities and legal practitioners to shed light on the situation of civilians in the grey zone between human rights and the laws of war. In Part 1 each chapter considers a key contested or boundary issue in defining the rights of civilians or non-combatants in today's conflicts. Part 2 goes on to assess current and developing legal mechanisms for addressing violations. As military intervention to protect civilians remains highly controversial, this volume looks at the alternative potential for developing a practice of civilian rights protection.

Author : Danny Singh
Publisher : Springer Nature
Page : 271 pages
File Size : 40,8 Mb
Release : 2023-07-02
Category : Political Science
ISBN : 9783031341632

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The Tripartite Realist War: Analysing Russia’s Invasion of Ukraine by Danny Singh Pdf

The book offers a detailed analysis on Russia’s invasion of Ukraine. A book needs to be written on this to make sense, from a theoretical perspective, why this invasion has occurred and what the main actors are pursuing. The originality rests on testing main international relations theories: realism, liberalism and constructivism to the war that emerges with the practices and approaches during the Cold War to date from the North Atlantic Treaty Organisation (NATO), the Soviet Union (and now Russia) and Ukraine. The monograph commences with a historical overview of NATO and how it has engaged in expansionism policy to further contain Russia in contemporary international affairs with the accession of additional former Soviet states. This helps to explain the current Russian invasion of Ukraine that would attract great readership. The main argument presented rests on the pursuance of realist interests by NATO, Ukraine and Russia for containment, national security interests and as a response to the security dilemma respectively. This has served as the main catalyst of this conflict that has made diplomacy, international law and collective security measures problematic to implement.

Author : Nils Melzer
Publisher : Oxford University Press on Demand
Page : 523 pages
File Size : 48,8 Mb
Release : 2008-05-29
Category : Law
ISBN : 9780199533169

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Targeted Killing in International Law by Nils Melzer Pdf

This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.

Author : Michael J. Boyle
Publisher : Routledge
Page : 130 pages
File Size : 42,9 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781315473437

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Legal and Ethical Implications of Drone Warfare by Michael J. Boyle Pdf

Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.

Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 50,8 Mb
Release : 2018-07-26
Category : Law
ISBN : 9781509908646

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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.