Detention Under International Law

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Detention by Non-State Armed Groups under International Law

Author : Ezequiel Heffes
Publisher : Cambridge University Press
ISBN 13 : 9781108797337
Total Pages : 0 pages
Book Rating : 4.7/5 (973 download)

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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 2024-06-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.

The UN Working Group on Arbitrary Detention

Author : Jared Genser
Publisher : Cambridge University Press
ISBN 13 : 1107034450
Total Pages : 655 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The UN Working Group on Arbitrary Detention by : Jared Genser

Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.

The Treatment of Prisoners Under International Law

Author : Nigel Rodley
Publisher : Oxford University Press on Demand
ISBN 13 : 0199215073
Total Pages : 750 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Treatment of Prisoners Under International Law by : Nigel Rodley

Download or read book The Treatment of Prisoners Under International Law written by Nigel Rodley and published by Oxford University Press on Demand. This book was released on 2009-08-13 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.

Detention in Non-International Armed Conflict

Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
ISBN 13 : 0191067016
Total Pages : 424 pages
Book Rating : 4.1/5 (91 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 2016-03-24 with total page 424 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 law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

Immigration Detention and Human Rights

Author : Galina Cornelisse
Publisher : BRILL
ISBN 13 : 9004173706
Total Pages : 403 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Immigration Detention and Human Rights by : Galina Cornelisse

Download or read book Immigration Detention and Human Rights written by Galina Cornelisse and published by BRILL. This book was released on 2010 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Habeas Corpus After 9/11

Author : Jonathan Hafetz
Publisher : NYU Press
ISBN 13 : 081472440X
Total Pages : 334 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Habeas Corpus After 9/11 by : Jonathan Hafetz

Download or read book Habeas Corpus After 9/11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.

Arrest and Detention Powers in English and Turkish Law and Practice in the Light of the European Convention on Human Rights

Author : M. Bedri Eryilmaz
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041112699
Total Pages : 480 pages
Book Rating : 4.1/5 (126 download)

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Book Synopsis Arrest and Detention Powers in English and Turkish Law and Practice in the Light of the European Convention on Human Rights by : M. Bedri Eryilmaz

Download or read book Arrest and Detention Powers in English and Turkish Law and Practice in the Light of the European Convention on Human Rights written by M. Bedri Eryilmaz and published by Martinus Nijhoff Publishers. This book was released on 1999 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: LAID DOWN IN BOOKS.

The Right to a Fair Trial in International Law

Author : Amal Clooney
Publisher : Oxford University Press, USA
ISBN 13 : 0198808399
Total Pages : 1057 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Right to a Fair Trial in International Law by : Amal Clooney

Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Does Torture Prevention Work?

Author : Richard Carver
Publisher : Oxford University Press
ISBN 13 : 1781383308
Total Pages : 688 pages
Book Rating : 4.7/5 (813 download)

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Book Synopsis Does Torture Prevention Work? by : Richard Carver

Download or read book Does Torture Prevention Work? written by Richard Carver and published by Oxford University Press. This book was released on 2016 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

Torture in international law : a guide to jurisprudence

Author : Association pour la prévention de la torture (Genève)
Publisher :
ISBN 13 : 9782940337279
Total Pages : 198 pages
Book Rating : 4.3/5 (372 download)

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Book Synopsis Torture in international law : a guide to jurisprudence by : Association pour la prévention de la torture (Genève)

Download or read book Torture in international law : a guide to jurisprudence written by Association pour la prévention de la torture (Genève) and published by . This book was released on 2008 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Counter-terrorism and the Detention of Suspected Terrorists

Author : Claire Macken
Publisher : Routledge
ISBN 13 : 1136741879
Total Pages : 233 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Counter-terrorism and the Detention of Suspected Terrorists by : Claire Macken

Download or read book Counter-terrorism and the Detention of Suspected Terrorists written by Claire Macken and published by Routledge. This book was released on 2013-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.

Preventive Detention and the Democratic State

Author : Hallie Ludsin
Publisher : Cambridge University Press
ISBN 13 : 1316597989
Total Pages : 446 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Preventive Detention and the Democratic State by : Hallie Ludsin

Download or read book Preventive Detention and the Democratic State written by Hallie Ludsin and published by Cambridge University Press. This book was released on 2016-01-08 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.

Challenging Immigration Detention

Author : Michael J. Flynn
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368060
Total Pages : 349 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Challenging Immigration Detention by : Michael J. Flynn

Download or read book Challenging Immigration Detention written by Michael J. Flynn and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration detention is an important global phenomenon increasingly practiced by states across the world in which human rights violations are commonplace. Challenging Immigration Detention introduces readers to various disciplines that have addressed immigration detention in recent years and how these experts have sought to challenge underlying causes and justifications for detention regimes. Contributors provide an overview of the key issues addressed in their disciplines, discuss key points of contention, and seek out linkages and interactions with experts from other fields.

Prisoners of the International Community

Author : Denis Abels
Publisher : Springer Science & Business Media
ISBN 13 : 9067048879
Total Pages : 857 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Prisoners of the International Community by : Denis Abels

Download or read book Prisoners of the International Community written by Denis Abels and published by Springer Science & Business Media. This book was released on 2012-09-11 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals’ jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law’s underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals’ sentences. In respect of substantive law, it examines the detainees’ right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals’ detention law, particularly because it is the first monograph written on the topic.

Immigration Detention

Author : Daniel Wilsher
Publisher : Cambridge University Press
ISBN 13 : 1139501356
Total Pages : 421 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Immigration Detention by : Daniel Wilsher

Download or read book Immigration Detention written by Daniel Wilsher and published by Cambridge University Press. This book was released on 2011-10-27 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.

The Universal Declaration of Human Rights

Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (467 download)

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Book Synopsis The Universal Declaration of Human Rights by :

Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Bail Book

Author : Shima Baradaran Baughman
Publisher : Cambridge University Press
ISBN 13 : 1107131367
Total Pages : 331 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Bail Book by : Shima Baradaran Baughman

Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.