The Transfer Of Conflict Related Detainees

Author : Maral Kashgar
Publisher : Nomos Verlag
Page : 450 pages
File Size : 52,7 Mb
Release : 2022-09-14
Category : Law
ISBN : 9783748933014

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The Transfer of Conflict-Related Detainees by Maral Kashgar Pdf

Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.

Author : Jelena Plamenac
Publisher : BRILL
Page : 295 pages
File Size : 48,6 Mb
Release : 2021-11-29
Category : Law
ISBN : 9789004470552

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Unravelling Unlawful Confinement in Contemporary Armed Conflicts by Jelena Plamenac Pdf

International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.

Author : Nigel Rodley,Matt Pollard
Publisher : Oxford University Press on Demand
Page : 750 pages
File Size : 42,5 Mb
Release : 2009-08-13
Category : Law
ISBN : 9780199215072

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The Treatment of Prisoners Under International Law by Nigel Rodley,Matt Pollard Pdf

This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.

Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
Page : 300 pages
File Size : 40,7 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191067013

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Detention in Non-International Armed Conflict by Lawrence Hill-Cawthorne Pdf

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.

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
Page : 568 pages
File Size : 53,9 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.

Author : Françoise Bouchet-Saulnier
Publisher : Rowman & Littlefield Publishers
Page : 827 pages
File Size : 48,7 Mb
Release : 2013-12-12
Category : Political Science
ISBN : 9781442221130

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The Practical Guide to Humanitarian Law by Françoise Bouchet-Saulnier Pdf

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

Author : Judith Sunderland,Human Rights Watch (Organization)
Publisher : Unknown
Page : 74 pages
File Size : 44,5 Mb
Release : 2010
Category : Data mining in law enforcement
ISBN : STANFORD:36105133666532

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"No Questions Asked" by Judith Sunderland,Human Rights Watch (Organization) Pdf

Author : Laurel Emile Fletcher,Eric Stover
Publisher : University of California Press
Page : 228 pages
File Size : 40,6 Mb
Release : 2009-09-01
Category : Social Science
ISBN : 9780520261778

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The Guantánamo Effect by Laurel Emile Fletcher,Eric Stover Pdf

This book, based on a two-year study of former prisoners of the U.S. government’s detention facility at Guantánamo Bay, Cuba, reveals in graphic detail the cumulative effect of the Bush administration’s “war on terror.” Scrupulously researched and devoid of rhetoric, the book deepens the story of post-9/11 America and the nation’s descent into the netherworld of prisoner abuse. Researchers interviewed more than sixty former Guantánamo detainees in nine countries, as well as key government officials, military experts, former guards, interrogators, lawyers for detainees, and other camp personnel. We hear directly from former detainees as they describe the events surrounding their capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home. Prepared jointly by researchers with the Human Rights Center, University of California, Berkeley, and the International Human Rights Law Clinic, University of California, Berkeley School of Law, in partnership with the Center for Constitutional Rights, The Guantánamo Effect contributes significantly to the debate surrounding the U.S.’s commitment to international law during war time.

Author : Ben Saul,Dapo Akande
Publisher : Oxford University Press
Page : 481 pages
File Size : 52,9 Mb
Release : 2020-05-07
Category : Law
ISBN : 9780192597496

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The Oxford Guide to International Humanitarian Law by Ben Saul,Dapo Akande Pdf

International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

Author : Anonim
Publisher : Cambridge University Press
Page : 3034 pages
File Size : 47,9 Mb
Release : 2021-09-09
Category : Law
ISBN : 9781108981705

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Commentary on the Third Geneva Convention by Anonim Pdf

The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.

Author : Kristen Boon,Douglas Lovelace,Aziz Huq
Publisher : Oxford University Press, USA
Page : 534 pages
File Size : 46,8 Mb
Release : 2011
Category : Law
ISBN : 9780199758258

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Al Qaeda, the Taliban, and Conflict in Afghanistan by Kristen Boon,Douglas Lovelace,Aziz Huq Pdf

Volume 117 of Terrorism: Commentary on Security Documents, Al Qaeda, the Taliban, and Conflict in Afghanistan includes recent documents relating to the conflict in Afghanistan against the Taliban and its foreign allies, including al Qaeda. Afghanistan remains a central front in the conflict against Al Qaeda and continues to plague analysts and military strategists alike. This collection of documents portrays a reoccurring theme: the integration of political and military strategies to better combat U.S. efforts in the region.

Author : Caroline Harvey,James Summers,Nigel D. White
Publisher : Cambridge University Press
Page : 409 pages
File Size : 44,7 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781107063556

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Contemporary Challenges to the Laws of War by Caroline Harvey,James Summers,Nigel D. White Pdf

This book brings together leading experts to explore contemporary issues facing the laws of war.

Author : Cheryl Benard,Cathryn Quantic Thurston,Andrés Villamizar,Elvira N. Loredo,Edward O'Connell
Publisher : Rand Corporation
Page : 129 pages
File Size : 52,9 Mb
Release : 2011
Category : History
ISBN : 9780833051226

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The Battle Behind the Wire by Cheryl Benard,Cathryn Quantic Thurston,Andrés Villamizar,Elvira N. Loredo,Edward O'Connell Pdf

This report finds parallels in U.S. prisoner and detainee operations in World War II, Korea, Vietnam, and Iraq: underestimation of the number to be held, hasty scrambling for resources, and inadequate doctrine and policy. Later, attempts to educate and influence prisoners and detainees are often made. The authors recommend that detailed doctrine should be in place prior to detention and that detainees should be surveyed when first detained.

Author : United States. Congress. House. Committee on Armed Services. Oversight and Investigations Subcommittee
Publisher : Unknown
Page : 56 pages
File Size : 47,7 Mb
Release : 2011
Category : History
ISBN : MINN:31951D034654680

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Guantánamo Detainee Transfer Policy and Recidivism by United States. Congress. House. Committee on Armed Services. Oversight and Investigations Subcommittee Pdf

Author : Ezequiel Heffes
Publisher : Cambridge University Press
Page : 313 pages
File Size : 50,8 Mb
Release : 2022-02-17
Category : Law
ISBN : 9781108495660

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Detention by Non-State Armed Groups under International Law by Ezequiel Heffes Pdf

Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.