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The Accountability Of Armed Groups Under Human Rights Law
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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 Human Rights Obligations of Non-State Armed Groups by : Daragh Murray
Download or read book Human Rights Obligations of Non-State Armed Groups written by Daragh Murray and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
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 . This book was released on 2017 with total page 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 work brings significant new insight to the questio of whether and when armed groups are bound by human rights 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 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 Accountability of Armed Opposition Groups in International Law by : Liesbeth Zegveld
Download or read book Accountability of Armed Opposition Groups in International Law written by Liesbeth Zegveld and published by Cambridge University Press. This book was released on 2002-07-25 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.
Download or read book Compliant Rebels written by Hyeran Jo and published by Cambridge University Press. This book was released on 2015-08-21 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.
Download or read book War written by Andrew Clapham and published by Oxford University Press. This book was released on 2021 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.
Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham
Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by . This book was released on 2014-03 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis War, Conflict and Human Rights by : Chandra Lekha Sriram
Download or read book War, Conflict and Human Rights written by Chandra Lekha Sriram and published by Routledge. This book was released on 2017-08-02 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.
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 Taylor & Francis. This book was released on 2017-05-15 with total page 320 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.
Author :International Institute of Humanitarian Law Publisher :FrancoAngeli ISBN 13 :8856827204 Total Pages :258 pages Book Rating :4.8/5 (568 download)
Book Synopsis Non-State Actors and International Humanitarian Law. Organized armed groups: a challenge for the 21st century by : International Institute of Humanitarian Law
Download or read book Non-State Actors and International Humanitarian Law. Organized armed groups: a challenge for the 21st century written by International Institute of Humanitarian Law and published by FrancoAngeli. This book was released on 2010-05-27T00:00:00+02:00 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1136.85
Book Synopsis State Responsibility for Support of Armed Groups in the Commission of International Crimes by : Narissa Kashvi Ramsundar
Download or read book State Responsibility for Support of Armed Groups in the Commission of International Crimes written by Narissa Kashvi Ramsundar and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Responsibility for the Support of Armed Groups in the Commission of International Crimes makes a case for the liberalisation of the tests of attribution of conduct of individuals to states under the rules of state responsibility in international law.
Book Synopsis Human Rights Obligations of Non-state Actors by : Andrew Clapham
Download or read book Human Rights Obligations of Non-state Actors written by Andrew Clapham and published by . This book was released on 2006 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights which goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. It finishes with examples of how non-state actors can be held legally accountable for their actions in various jurisdictions and suggests a framework for understanding the limits of human rights in this context.
Book Synopsis Extracting Accountability from Non-State Actors in International Law by : Lee James McConnell
Download or read book Extracting Accountability from Non-State Actors in International Law written by Lee James McConnell and published by Taylor & Francis. This book was released on 2016-11-10 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.
Download or read book Ends & Means written by David Petrasek and published by ICHRP. This book was released on 2000 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Version of this report
Book Synopsis State Responsibility for Support of Armed Groups in the Commission of International Crimes by : Narissa Ramsundar
Download or read book State Responsibility for Support of Armed Groups in the Commission of International Crimes written by Narissa Ramsundar and published by BRILL. This book was released on 2020-04-14 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Responsibility for the Support of Armed Groups in the Commission of International Crimes makes a case for the liberalisation of the tests of attribution of conduct of individuals to states under the rules of state responsibility in international law.
