The Duty To Investigate In Situations Of Armed Conflict

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The Duty to Investigate in Situations of Armed Conflict

Author : Floris Tan
Publisher : BRILL
ISBN 13 : 9004540954
Total Pages : 647 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Duty to Investigate in Situations of Armed Conflict by : Floris Tan

Download or read book The Duty to Investigate in Situations of Armed Conflict written by Floris Tan and published by BRILL. This book was released on 2023-09-14 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.

Customary International Humanitarian Law

Author : Jean-Marie Henckaerts
Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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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.

Military Investigations in Armed Conflict

Author : Claire Simmons
Publisher : Taylor & Francis
ISBN 13 : 1040006698
Total Pages : 212 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Military Investigations in Armed Conflict by : Claire Simmons

Download or read book Military Investigations in Armed Conflict written by Claire Simmons and published by Taylor & Francis. This book was released on 2024-04-02 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: An allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate? This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.

Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation

Author : Alon Margalit
Publisher : BRILL
ISBN 13 : 9004368213
Total Pages : 304 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation by : Alon Margalit

Download or read book Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation written by Alon Margalit and published by BRILL. This book was released on 2018-07-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Investigating Civilian Casualties Alon Margalit discusses the appropriate response to State-caused fatalities. Highlighting various legal and practical challenges, the State's duty to investigate is considered amid increasing public scrutiny and influence of human rights law during military operations

What Is War?

Author : Mary Ellen O'Connell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9047425812
Total Pages : 519 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis What Is War? by : Mary Ellen O'Connell

Download or read book What Is War? written by Mary Ellen O'Connell and published by Martinus Nijhoff Publishers. This book was released on 2012-05-16 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: The meaning of armed conflict is reported on by prominent international law scholars from four continents together with perspectives by military historians, soldiers, just war scholars, political scientists, peace studies scholars, and war correspondents, offering a unique interdisciplinary exploration.

War Crimes and the Conduct of Hostilities

Author : Fausto Pocar
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955921
Total Pages : 405 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis War Crimes and the Conduct of Hostilities by : Fausto Pocar

Download or read book War Crimes and the Conduct of Hostilities written by Fausto Pocar and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠThis comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual viole

Law Applicable to Armed Conflict

Author : Ziv Bohrer
Publisher : Cambridge University Press
ISBN 13 : 9781108722988
Total Pages : 260 pages
Book Rating : 4.7/5 (229 download)

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Book Synopsis Law Applicable to Armed Conflict by : Ziv Bohrer

Download or read book Law Applicable to Armed Conflict written by Ziv Bohrer and published by Cambridge University Press. This book was released on 2020-02-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

Ensuring Respect for International Humanitarian Law

Author : Eve Massingham
Publisher : Routledge
ISBN 13 : 0429588755
Total Pages : 221 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Ensuring Respect for International Humanitarian Law by : Eve Massingham

Download or read book Ensuring Respect for International Humanitarian Law written by Eve Massingham and published by Routledge. This book was released on 2020-07-20 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.

Armed Conflict and Forcible Displacement

Author : Elena Katselli Proukaki
Publisher : Routledge
ISBN 13 : 1317243897
Total Pages : 227 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Armed Conflict and Forcible Displacement by : Elena Katselli Proukaki

Download or read book Armed Conflict and Forcible Displacement written by Elena Katselli Proukaki and published by Routledge. This book was released on 2018-03-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

Yearbook of International Humanitarian Law 2011 - Volume 14

Author : Michael N. Schmitt
Publisher : Springer Science & Business Media
ISBN 13 : 9067048550
Total Pages : 510 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Yearbook of International Humanitarian Law 2011 - Volume 14 by : Michael N. Schmitt

Download or read book Yearbook of International Humanitarian Law 2011 - Volume 14 written by Michael N. Schmitt and published by Springer Science & Business Media. This book was released on 2012-07-26 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

International Humanitarian Law

Author : Nicholas Tsagourias
Publisher : Cambridge University Press
ISBN 13 : 1108996868
Total Pages : 497 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis International Humanitarian Law by : Nicholas Tsagourias

Download or read book International Humanitarian Law written by Nicholas Tsagourias and published by Cambridge University Press. This book was released on 2023-09-07 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinctive qualities of the second edition continue to be (i) a comprehensive and systematized presentation of cases and materials; (ii) diversity in the selected materials; (iii) accessibility; (iv) targeted commentaries; (v) can act as a standalone resource or as accompaniment to IHL textbooks.

The Handbook of International Humanitarian Law

Author : Michael Bothe
Publisher : Oxford University Press
ISBN 13 : 0199658803
Total Pages : 767 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Handbook of International Humanitarian Law by : Michael Bothe

Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

War Law

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
ISBN 13 : 155584846X
Total Pages : 224 pages
Book Rating : 4.5/5 (558 download)

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Book Synopsis War Law by : Michael Byers

Download or read book War Law written by Michael Byers and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Protection of Civilians

Author : Haidi Willmot
Publisher : Oxford University Press
ISBN 13 : 019872926X
Total Pages : 497 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Protection of Civilians by : Haidi Willmot

Download or read book Protection of Civilians written by Haidi Willmot and published by Oxford University Press. This book was released on 2016 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the center of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organizations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavor, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studying or working towards a better protection of civilians in conflict.

International Law and the Classification of Conflicts

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
ISBN 13 : 0191632236
Total Pages : 568 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst

Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Monitoring State Compliance with the UN Convention on the Rights of the Child

Author : Ziba Vaghri
Publisher : Springer Nature
ISBN 13 : 3030846474
Total Pages : 429 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Monitoring State Compliance with the UN Convention on the Rights of the Child by : Ziba Vaghri

Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Yearbook of International Humanitarian Law 2011 -

Author : Michael N. Schmitt
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067048552
Total Pages : 506 pages
Book Rating : 4.0/5 (485 download)

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Book Synopsis Yearbook of International Humanitarian Law 2011 - by : Michael N. Schmitt

Download or read book Yearbook of International Humanitarian Law 2011 - written by Michael N. Schmitt and published by T.M.C. Asser Press. This book was released on 2012-07-26 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.