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The Application Of The European Convention On Human Rights To Military Operations
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Book Synopsis The Application of the European Convention on Human Rights to Military Operations by : Stuart Wallace
Download or read book The Application of the European Convention on Human Rights to Military Operations written by Stuart Wallace and published by Cambridge University Press. This book was released on 2019-04-11 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of how the European Convention on Human Rights applies to military operations.
Book Synopsis The Extraterritorial Application of Selected Human Rights Treaties by : Karen da Costa
Download or read book The Extraterritorial Application of Selected Human Rights Treaties written by Karen da Costa and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.
Book Synopsis “Hard Power” and the European Convention on Human Rights by : Peter Kempees
Download or read book “Hard Power” and the European Convention on Human Rights written by Peter Kempees and published by BRILL. This book was released on 2020-11-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
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 2016-11-17 with total page 423 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.
Book Synopsis International Military Missions and International Law by : Marco Odello
Download or read book International Military Missions and International Law written by Marco Odello and published by BRILL. This book was released on 2011-10-14 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
Book Synopsis The 'legal Pluriverse' Surrounding Multinational Military Operations by : Robin Geiß
Download or read book The 'legal Pluriverse' Surrounding Multinational Military Operations written by Robin Geiß and published by Oxford University Press, USA. This book was released on 2020 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.
Book Synopsis Jurisdiction and Liability Under the European Convention of Contracting Parties Participating in Military Operations Abroad by : Maribel Canto-Lopez
Download or read book Jurisdiction and Liability Under the European Convention of Contracting Parties Participating in Military Operations Abroad written by Maribel Canto-Lopez and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of military forces is not limited to their territory. They are typically sent on missions that potentially affect civilians beyond the borders of the sending State. Under the European Convention, the linking factor bringing its protection into play is that of jurisdiction under Article 1 ECHR. What is the reach of the European Convention in the context of participation by Contracting Parties in military operations abroad? The interpretation of the concept of jurisdiction has evolved from its territorial beginnings. After a detailed analysis of the case-law on the interpretation of jurisdiction, including the latest landmark cases of Al-Jedda and Al-Skeini, I conclude that the current case-law lacks coherence. The search for a more coherent approach to determining questions of jurisdiction, in situations involving military conduct abroad has steered this thesis into considering the unsatisfactory interplay between humanitarian law and human rights law and the way in which the two systems apply to civilians caught in military operations. An analysis of the case-law under the European Convention in situations where Contracting Parties send troops as part of multi-national forces has indicated the benefits of considering dual or multiple attribution rather than a separation of jurisdiction. I propose a more coherent approach to jurisdiction replacing the present uncertainty in the context of applicability of the European Convention to military operations abroad. I argue, in all situations, for a test requiring a direct and immediate link between the conduct of Contracting Parties and the violation of Convention rights as offering better protection of human rights for individuals trapped in conflicts. In this way the supervisory effect of the European Convention is enhanced.
Book Synopsis Security and European Human Rights by : Elspeth Guild
Download or read book Security and European Human Rights written by Elspeth Guild and published by . This book was released on 2007 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Impact of Human Rights Law on Armed Forces by : Peter Rowe
Download or read book The Impact of Human Rights Law on Armed Forces written by Peter Rowe and published by Cambridge University Press. This book was released on 2006-01-12 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers those aspects of human rights law which may become relevant to the activities of armed forces whether they remain in barracks, undertake training or are deployed in military operations within their own state or outside it. The unique nature of military service and of military courts gives rise to human rights issues in respect both of civilians and soldiers, whether volunteers or conscripts, who find themselves before these courts. Rowe examines these issues as well as the application of international humanitarian law alongside the human rights obligations of the state when forces are training for and involved in armed conflict; where armed forces are deployed in situations of civil disorder; and where states contribute armed forces to multinational forces. An invaluable resource for scholars in human rights, international law and military studies, and anyone concerned with policy relevant to the armed forces.
Author :Great Britain: Parliament: House of Commons: Defence Committee Publisher :The Stationery Office ISBN 13 :9780215070654 Total Pages :162 pages Book Rating :4.0/5 (76 download)
Book Synopsis House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931 by : Great Britain: Parliament: House of Commons: Defence Committee
Download or read book House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931 written by Great Britain: Parliament: House of Commons: Defence Committee and published by The Stationery Office. This book was released on 2014-04-02 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.
Book Synopsis Human Rights Imperialists by : Conall Mallory
Download or read book Human Rights Imperialists written by Conall Mallory and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.
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.
Book Synopsis Violations of Human Rights During Military Operations in Chechnya by : Federico Sperotto
Download or read book Violations of Human Rights During Military Operations in Chechnya written by Federico Sperotto and published by . This book was released on 2015 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case-law of the European Court of Human Rights concerning violations of human rights law during armed conflict has been extended after the first decisions on cases arose from violations committed during the war in Chechnya between 1999 and 2000. In the words of the Court, at that time the situation called for exceptional measures, in order to regain control over the Republic and suppress an illegal armed insurgency. This brief paper focuses on the means and methods employed. It aims firstly at illustrating the core of the Court's decisions, in order to identify the key aspects of the protection granted by the system of the European Convention in situations requiring the use of military force. Then it clarifies the approach of the Court to the law of armed conflict.
Book Synopsis Just Satisfaction under the European Convention on Human Rights by : Octavian Ichim
Download or read book Just Satisfaction under the European Convention on Human Rights written by Octavian Ichim and published by Cambridge University Press. This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive account on the question of reparation before a human rights court.
Book Synopsis Constituting Europe by : Andreas Føllesdal
Download or read book Constituting Europe written by Andreas Føllesdal and published by . This book was released on 2013 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
Book Synopsis Courting Gender Justice by : Lisa McIntosh Sundstrom
Download or read book Courting Gender Justice written by Lisa McIntosh Sundstrom and published by Oxford University Press. This book was released on 2019-02-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
