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Author : Stuart Wallace
Publisher : Cambridge University Press
Page : 277 pages
File Size : 53,5 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108475181
An analysis of how the European Convention on Human Rights applies to military operations.
Author : Karen da Costa
Publisher : Martinus Nijhoff Publishers
Page : 334 pages
File Size : 45,8 Mb
Release : 2012-10-12
Category : Political Science
ISBN : 9789004227187
In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.
Author : Marco Odello,Ryszard Piotrowicz
Publisher : BRILL
Page : 330 pages
File Size : 42,7 Mb
Release : 2011-10-14
Category : Law
ISBN : 9789004215900
By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
Author : Daragh Murray
Publisher : Oxford University Press
Page : 325 pages
File Size : 42,9 Mb
Release : 2016-11-17
Category : Law
ISBN : 9780192508928
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 : Peter Kempees
Publisher : BRILL
Page : 431 pages
File Size : 49,9 Mb
Release : 2020-11-16
Category : Law
ISBN : 9789004425651
This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
Author : Fons Coomans,Menno T. Kamminga
Publisher : Intersentia nv
Page : 295 pages
File Size : 49,6 Mb
Release : 2004
Category : Exterritoriality
ISBN : 9789050953948
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
Author : Peter Rowe
Publisher : Cambridge University Press
Page : 250 pages
File Size : 53,9 Mb
Release : 2006-01-12
Category : Political Science
ISBN : 9781139448321
This book considers those aspects of human rights law which may become relevant to the activities of armed forces whether they remain in barracks, undertake training or are deployed in military operations within their own state or outside it. The unique nature of military service and of military courts gives rise to human rights issues in respect both of civilians and soldiers, whether volunteers or conscripts, who find themselves before these courts. Rowe examines these issues as well as the application of international humanitarian law alongside the human rights obligations of the state when forces are training for and involved in armed conflict; where armed forces are deployed in situations of civil disorder; and where states contribute armed forces to multinational forces. An invaluable resource for scholars in human rights, international law and military studies, and anyone concerned with policy relevant to the armed forces.
Author : Robin Geiß,Heike Krieger
Publisher : Oxford University Press, USA
Page : 513 pages
File Size : 48,6 Mb
Release : 2020
Category : Law
ISBN : 9780198842965
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 : Elspeth Guild
Publisher : Unknown
Page : 98 pages
File Size : 42,6 Mb
Release : 2007
Category : Political Science
ISBN : STANFORD:36105064260909
Author : Great Britain: Parliament: House of Commons: Defence Committee
Publisher : The Stationery Office
Page : 162 pages
File Size : 44,6 Mb
Release : 2014-04-02
Category : Political Science
ISBN : 0215070658
UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.
Author : Conall Mallory
Publisher : Bloomsbury Publishing
Page : 255 pages
File Size : 48,5 Mb
Release : 2020-04-16
Category : Political Science
ISBN : 9781509914753
To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.
Author : Terry D. Gill,Dieter Fleck
Publisher : Oxford University Press
Page : 790 pages
File Size : 46,8 Mb
Release : 2015
Category : Law
ISBN : 9780198744627
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.
Author : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 53,5 Mb
Release : 2006-11-30
Category : Law
ISBN : 9781139461962
This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Author : Richard Jaques
Publisher : Naval War College Press
Page : 410 pages
File Size : 42,5 Mb
Release : 2006
Category : Droit international humanitaire
ISBN : MINN:31951D02721254E
Author : Andreas Føllesdal,Birgit Peters,Geir Ulfstein
Publisher : Unknown
Page : 441 pages
File Size : 49,8 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:900445047
At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.