Party Status To Armed Conflict In International Law

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Internationalized Armed Conflicts in International Law

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 43,6 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192551788

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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 Oxford Handbook of International Law in Armed Conflict

Author : Andrew Clapham,Paola Gaeta
Publisher : Unknown
Page : 1009 pages
File Size : 50,7 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.

Non-international Armed Conflict in the Twenty-first Century

Author : Kenneth Watkin,Andrew J. Norris
Publisher : Government Printing Office
Page : 500 pages
File Size : 52,7 Mb
Release : 2012
Category : History
ISBN : 1935352059

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Non-international Armed Conflict in the Twenty-first Century by Kenneth Watkin,Andrew J. Norris Pdf

Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.

The International Law of Armed Conflict: Personal and Material Fields of Application

Author : Edward K. Kwakwa
Publisher : BRILL
Page : 224 pages
File Size : 54,7 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004642294

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The International Law of Armed Conflict: Personal and Material Fields of Application by Edward K. Kwakwa Pdf

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.

The Law of Armed Conflict and the Use of Force

Author : Frauke Lachenmann,Rüdiger Wolfrum
Publisher : Oxford University Press
Page : 1473 pages
File Size : 54,8 Mb
Release : 2017
Category : Law
ISBN : 9780198784623

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The Law of Armed Conflict and the Use of Force by Frauke Lachenmann,Rüdiger Wolfrum Pdf

"Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law."

The Law of International Humanitarian Relief in Non-International Armed Conflicts

Author : Matthias Vanhullebusch
Publisher : BRILL
Page : 489 pages
File Size : 53,9 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004469808

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The Law of International Humanitarian Relief in Non-International Armed Conflicts by Matthias Vanhullebusch Pdf

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.

International Humanitarian Law

Author : Marco Sassòli
Publisher : Edward Elgar Publishing
Page : 796 pages
File Size : 53,6 Mb
Release : 2024-02-12
Category : Law
ISBN : 9781800886919

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International Humanitarian Law by Marco Sassòli Pdf

In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.

Routledge Handbook of the Law of Armed Conflict

Author : Rain Liivoja,Tim McCormack
Publisher : Routledge
Page : 968 pages
File Size : 43,9 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781136028885

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Routledge Handbook of the Law of Armed Conflict by Rain Liivoja,Tim McCormack Pdf

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

International Law and Armed Conflict

Author : Laurie R. Blank,Gregory P. Noone
Publisher : Aspen Publishing
Page : 1059 pages
File Size : 51,8 Mb
Release : 2018-09-14
Category : Law
ISBN : 9781543801224

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International Law and Armed Conflict by Laurie R. Blank,Gregory P. Noone Pdf

Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios

The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts

Author : Mohamad Ghazi Janaby
Publisher : Springer
Page : 237 pages
File Size : 52,7 Mb
Release : 2016-08-31
Category : Law
ISBN : 9783319422312

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The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts by Mohamad Ghazi Janaby Pdf

This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.

International Law and the Classification of Conflicts

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
Page : 568 pages
File Size : 40,5 Mb
Release : 2012-08-02
Category : Law
ISBN : 9780191632235

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International Law and the Classification of Conflicts by Elizabeth Wilmshurst Pdf

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

International Humanitarian Law

Author : Marco Sassòli
Publisher : Edward Elgar Publishing
Page : 801 pages
File Size : 55,8 Mb
Release : 2019
Category : Humanitarian law
ISBN : 9781786438553

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International Humanitarian Law by Marco Sassòli Pdf

International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassòli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant.

The Contemporary Law of Armed Conflict

Author : Leslie C. Green
Publisher : Unknown
Page : 424 pages
File Size : 53,6 Mb
Release : 2000
Category : War (International law).
ISBN : STANFORD:36105060782492

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The Contemporary Law of Armed Conflict by Leslie C. Green Pdf

This edition brings the work up to date, examining the significance of the World Court's Opinion on the legality of the nuclear weapon and exploring the laser weapon agreement, the mines treaty, the jurisprudence of two war crimes tribunals and the role of the proposed International Criminal Court.