Application Of International Humanitarian And Human Rights Law To The Armed Conflicts Of The Sudan

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Application of International Humanitarian and Human Rights Law to the Armed Conflicts of the Sudan

Author : Mohamed Abdelsalam Babiker
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Application of International Humanitarian and Human Rights Law to the Armed Conflicts of the Sudan by : Mohamed Abdelsalam Babiker

Download or read book Application of International Humanitarian and Human Rights Law to the Armed Conflicts of the Sudan written by Mohamed Abdelsalam Babiker and published by . This book was released on 2007 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The death toll resulting from all the armed conflicts in the Sudan, including south Sudan and Darfur, has far exceeded that of the victims of many recent conflicts combined together; more than those of Rwanda, Former Yugoslavia, Sierra Leone and East Timor. Despite the tragic death toll, massive displacement, alleged genocide, crimes against humanity and war crimes, the Sudanese case has neither featured in the legal literature nor been mentioned in the practice of international Tribunals. This book aims to rectify this by focusing on the Sudans armed conflicts as a case study. Unlike the approach followed in the preponderant legal literature, which tends to focus on International Humanitarian Law as the only applicable regime in armed conflicts, this book brings on board Human Rights Law, which can be applied side by side with International Humanitarian Law. In this sense, it tries to build bridges between the two branches of international law. It focuses on the operation of both regimes at three levels: their scope of application, the protection they afford, and how they can be enforced or implemented. It critically highlights the Sudans laws and how they cohere with or contradict International Humanitarian Law and Human Rights Law. It particularly examines the Sudans military, criminal and Islamic laws and judicial practices and analyzes them in the light of International treaties ratified by the Sudan. It draws heavily on the practice of regional and UN human rights bodies and humanitarian organizations such as the ICRC. The legal materials included in the book constitute a good resource for future work in the field. Most of the materials were written in Arabic, and hence are unavailable in other jurisdictions. Thus, including them as translated materials will prove to be of great value for those who intend to familiarize themselves with the Sudans laws and practices in this field. With a preface by Jan Pronk, Former Special Representative of the Secretary General of the UN to Sudan.

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.

War, Conflict and Human Rights

Author : Chandra Lekha Sriram
Publisher : Routledge
ISBN 13 : 1351999591
Total Pages : 353 pages
Book Rating : 4.3/5 (519 download)

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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.

The Law of International Humanitarian Relief in Non-International Armed Conflicts

Author : Matthias Vanhullebusch
Publisher : BRILL
ISBN 13 : 900446980X
Total Pages : 489 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Law of International Humanitarian Relief in Non-International Armed Conflicts by : Matthias Vanhullebusch

Download or read book The Law of International Humanitarian Relief in Non-International Armed Conflicts written by Matthias Vanhullebusch and published by BRILL. This book was released on 2021-10-05 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.

International Legal Protection of Human Rights in Armed Conflict

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher :
ISBN 13 :
Total Pages : 130 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis International Legal Protection of Human Rights in Armed Conflict by : United Nations. Office of the High Commissioner for Human Rights

Download or read book International Legal Protection of Human Rights in Armed Conflict written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2011 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons.

The International Law of Armed Conflict: Personal and Material Fields of Application

Author : Edward K. Kwakwa
Publisher : BRILL
ISBN 13 : 9004642293
Total Pages : 224 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The International Law of Armed Conflict: Personal and Material Fields of Application by : Edward K. Kwakwa

Download or read book The International Law of Armed Conflict: Personal and Material Fields of Application written by Edward K. Kwakwa and published by BRILL. This book was released on 2023-11-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The underlying rationale for the international humanitarian law of war is the protection of individuals and victims of war. This book is a contribution to the study of human rights in general and humanitarian law in particular. It contains detailed information and analysis of the law and practice relating to international armed conflicts involving irregular combatants. The discussion focuses on the most controversial provisions of Additional Protocol I to the Geneva Conventions: the classification of wars of national liberation, the treatment of guerrillas and mercenaries upon capture, reprisals, and the question of supervision and implementation in such conflicts. The manuscript on which this book was based was awarded the 1991 Paul Reuter Prize by the International Committee of the Red Cross.

Research Handbook on Human Rights and Humanitarian Law

Author : Robert Kolb
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006075
Total Pages : 699 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Human Rights and Humanitarian Law by : Robert Kolb

Download or read book Research Handbook on Human Rights and Humanitarian Law written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.

Making and Shaping the Law of Armed Conflict

Author : Sandesh Sivakumaran
Publisher : Oxford University Press
ISBN 13 : 0197775136
Total Pages : 393 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis Making and Shaping the Law of Armed Conflict by : Sandesh Sivakumaran

Download or read book Making and Shaping the Law of Armed Conflict written by Sandesh Sivakumaran and published by Oxford University Press. This book was released on 2024 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the Lieber Studies series explores how the law of armed conflict is made and shaped. It examines the fundamental materials of the law of armed conflict, key actors and influences, the spaces where the law is made, as well as questions of unmaking.

Detention in Non-international Armed Conflict

Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
ISBN 13 : 0198749929
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Detention in Non-international Armed Conflict by : Lawrence Hill-Cawthorne

Download or read book Detention in Non-international Armed Conflict written by Lawrence Hill-Cawthorne and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 treaty 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, focusing on preventive, security detention, or 'internment'. All relevant areas of international law, notably international humanitarian law (IHL), human rights law (IHRL), and international criminal law, are analysed in detail with reference to case law. It is shown that, contrary to conventional wisdom, IHL is not entirely silent here, but rather contains a general prohibition of internment that is not necessary as a result of the conflict. The book then gives an original account of the relationship between IHL and IHRL, which helps to move beyond the intractable debates that dominate the literature in this area. Applying this account, and referring to state practice in specific non-international conflicts, it is demonstrated that treaty and customary-based IHRL continues, absent derogation, to regulate detention in non-international conflicts. Importantly, the under-explored question of the practical application of these rules in such situations is then explored in detail, which should guide states, courts, and others in this area. The book concludes with a set of concrete proposals for developing the law, in a manner that builds upon the existing obligations of states and non-state armed groups--Book jacket.

Military Assistance on Request and the Use of Force

Author : Erika De Wet
Publisher : Oxford University Press
ISBN 13 : 0191087238
Total Pages : 273 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Military Assistance on Request and the Use of Force by : Erika De Wet

Download or read book Military Assistance on Request and the Use of Force written by Erika De Wet and published by Oxford University Press. This book was released on 2020-03-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.

The Handbook of International Humanitarian Law

Author : Dieter Fleck
Publisher : OUP Oxford
ISBN 13 : 0191029882
Total Pages : 812 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Handbook of International Humanitarian Law by : Dieter Fleck

Download or read book The Handbook of International Humanitarian Law written by Dieter Fleck and published by OUP Oxford. This book was released on 2008-01-24 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition the work previously known as The Handbook of Humanitarian Law in Armed Conflicts sets out an international 'manual' of humanitarian law in armed conflicts accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. Topics examined include the historical development, legal basis, and scope of application of international humanitarian law; methods and means of combat; protection of the civilian population, and of the wounded, sick or shipwrecked, and of prisoners of war; the protection of cultural property; the law of neutrality; and the enforcement of international humanitarian law. This edition also incorporates new chapters covering the law of non-international armed conflicts and international peace operations. Highly topical issues including the role of the UN security council, the relevance of International Humanitarian Law in peacetime and post-conflict military operations, and enforcement through trials for war crimes in national and international courts are also discussed.

Armed Non-State Actors in International Humanitarian and Human Rights Law

Author : Konstantinos Mastorodimos
Publisher : Routledge
ISBN 13 : 1134800614
Total Pages : 312 pages
Book Rating : 4.1/5 (348 download)

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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.

International Legal Protection of Human Rights in Armed Conflict

Author :
Publisher :
ISBN 13 : 9789210550970
Total Pages : 119 pages
Book Rating : 4.5/5 (59 download)

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Book Synopsis International Legal Protection of Human Rights in Armed Conflict by :

Download or read book International Legal Protection of Human Rights in Armed Conflict written by and published by . This book was released on 2011 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons."--Pub. desc.

Human Rights in Armed Conflict

Author : Gerd Oberleitner
Publisher : Cambridge University Press
ISBN 13 : 1316240932
Total Pages : 433 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Human Rights in Armed Conflict by : Gerd Oberleitner

Download or read book Human Rights in Armed Conflict written by Gerd Oberleitner and published by Cambridge University Press. This book was released on 2015-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

Human Rights and International Humanitarian Law

Author : Zimmermann, Andreas
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108274
Total Pages : 272 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Human Rights and International Humanitarian Law by : Zimmermann, Andreas

Download or read book Human Rights and International Humanitarian Law written by Zimmermann, Andreas and published by Edward Elgar Publishing. This book was released on 2022-05-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book expertly brings together the many effective dementia interventions to reduce the symptoms of this debilitating condition and also, for the first time, a Cost-Benefit Analysis of those interventions to establish whether the benefits outweigh the costs. Focussing on new interventions such as years of education, medicare eligibility, hearing aids and vision correction, Robert Brent also takes an innovative look at the need to reduce elder abuse and initiate an international convention for human rights.

Practitioners' Guide to Human Rights Law in Armed Conflict

Author : Daragh Murray
Publisher : Oxford University Press
ISBN 13 : 0198791399
Total Pages : 400 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Practitioners' Guide to Human Rights Law in Armed Conflict by : Daragh Murray

Download or read book Practitioners' Guide to Human Rights Law in Armed Conflict written by Daragh Murray and published by Oxford University Press. This book was released on 2016 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Non-International Armed Conflict

Author : Sandesh Sivakumaran
Publisher : Oxford University Press
ISBN 13 : 0199239797
Total Pages : 696 pages
Book Rating : 4.1/5 (992 download)

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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.