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Reparations By Non State Armed Groups Under International Law
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Book Synopsis Reparations by Non-State Armed Groups under International Law by : Olivia Herman
Download or read book Reparations by Non-State Armed Groups under International Law written by Olivia Herman and published by Taylor & Francis. This book was released on 2024-07-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between non-state armed groups and states. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups’ duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia’s experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.
Book Synopsis Armed Non-State Actors in International Humanitarian and Human Rights Law by : Konstantinos Mastorodimos
Download or read book Armed Non-State Actors in International Humanitarian and Human Rights Law written by Konstantinos Mastorodimos and published by Routledge. This book was released on 2017-05-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Book Synopsis Reparations for Victims of Armed Conflict by : Cristián Correa
Download or read book Reparations for Victims of Armed Conflict written by Cristián Correa and published by Cambridge University Press. This book was released on 2020-12-17 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Book Synopsis Organizing Rebellion by : Tilman Rodenhäuser
Download or read book Organizing Rebellion written by Tilman Rodenhäuser and published by Oxford University Press. This book was released on 2018 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.
Book Synopsis Towards a Regime of Responsibility of Armed Groups in International Law by : Laura Íñigo Alvarez
Download or read book Towards a Regime of Responsibility of Armed Groups in International Law written by Laura Íñigo Alvarez and published by Human Rights Research Series. This book was released on 2020-07-02 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Armed groups have played a predominant role in the violations of international humanitarian law and international human rights law committed in conflict settings. The increase in the number of non-international armed conflicts during the past decades has emphasised the need to address the multiple legal challenges posed by the actions of armed groups. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of developing a responsibility framework for armed groups under international law has been underexplored. Consequently, the aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities.00This general aim has been divided into three specific objectives. First, the book analyses the concept of responsibility in international law and assesses the legal and practical reasons in favour of developing such a regime for armed groups. Second, it examines the viability of establishing a responsibility regime for armed groups based on rules of attribution. Third, it explores the possible legal consequences of responsibility applicable to armed groups, with a particular focus on the obligation to provide reparations to victims. In doing so, this book will argue that certain non-traditional sources of international law could be used to interpret and adapt international law to the current conditions of contemporary armed conflict." - Resumen del editor
Book Synopsis Negotiating Survival by : Ashley Jackson
Download or read book Negotiating Survival written by Ashley Jackson and published by Oxford University Press. This book was released on 2021-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Two decades on from 9/11, the Taliban now control more than half of Afghanistan. Few would have foreseen such an outcome, and there is little understanding of how Afghans living in Taliban territory have navigated life under insurgent rule. Based on over 400 interviews with Taliban and civilians, this book tells the story of how civilians have not only bargained with the Taliban for their survival, but also ultimately influenced the course of the war in Afghanistan. While the Taliban have the power of violence on their side, they nonetheless need civilians to comply with their authority. Both strategically and by necessity, civilians have leveraged this reliance on their obedience in order to influence Taliban behaviour. Challenging prevailing beliefs about civilians in wartime, Negotiating Survival presents a new model for understanding how civilian agency can shape the conduct of insurgencies. It also provides timely insights into Taliban strategy and objectives, explaining how the organisation has so nearly triumphed on the battlefield and in peace talks. While Afghanistan's future is deeply unpredictable, there is one certainty: it is as critical as ever to understand the Taliban--and how civilians survive their rule.
Book Synopsis The Accountability of Armed Groups under Human Rights Law by : Katharine Fortin
Download or read book The Accountability of Armed Groups under Human Rights Law written by Katharine Fortin and published by Oxford University Press. This book was released on 2017-08-11 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : E. Christine Evans
Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by E. Christine Evans and published by . This book was released on 2012 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : Christine Evans
Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by Christine Evans and published by Cambridge University Press. This book was released on 2012-06-28 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Book Synopsis International Law and Peace Settlements by : Marc Weller
Download or read book International Law and Peace Settlements written by Marc Weller and published by Cambridge University Press. This book was released on 2021-02-04 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors – such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council – in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.
Book Synopsis Reparations for Child Victims of Armed Conflict by : Francesca Capone
Download or read book Reparations for Child Victims of Armed Conflict written by Francesca Capone and published by Series on Transnational Justice. This book was released on 2017 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- Back cover.
Book Synopsis Detention by Non-State Armed Groups under International Law by : Ezequiel Heffes
Download or read book Detention by Non-State Armed Groups under International Law written by Ezequiel Heffes and published by Cambridge University Press. This book was released on 2022-02-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.
Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : Dr Christine Evans
Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by Dr Christine Evans and published by . This book was released on 2014-05-14 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Author :International Law Association. British Branch. Annual Spring Conference Publisher : ISBN 13 :9789004340237 Total Pages :0 pages Book Rating :4.3/5 (42 download)
Book Synopsis Non-state Actors and International Obligations by : International Law Association. British Branch. Annual Spring Conference
Download or read book Non-state Actors and International Obligations written by International Law Association. British Branch. Annual Spring Conference and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
Book Synopsis The Law of Non-International Armed Conflict by : Sandesh Sivakumaran
Download or read book The Law of Non-International Armed Conflict written by Sandesh Sivakumaran and published by Oxford University Press. This book was released on 2012-08-09 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.
Book Synopsis Routledge Handbook of the Law of Armed Conflict by : Rain Liivoja
Download or read book Routledge Handbook of the Law of Armed Conflict written by Rain Liivoja and published by Routledge. This book was released on 2016-04-28 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
