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Author: Will Jamison Wright
Publisher: Springer Nature
ISBN: 3031459148
Category : Law
Languages : en
Pages : 223
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Book Description
The proliferation of non-state armed groups and non-international armed conflicts since the end of the Second World War has challenged the legal frameworks which govern conduct in armed conflict. While aspects of international humanitarian law apply to such conflicts, international law can only go part of the way to explaining behaviour by armed groups. This book seeks to refocus discussion on the limits to armed conflict in such settings by examining the norms that underpin international humanitarian law as espoused by these armed groups to give a clearer picture as to the collectively constructed appropriateness of certain behaviours in or limits to warfare. The specific research question is “What are the norms of armed conflict as identified by non-state armed groups?” Using Winston’s norm cluster model, this study seeks to examine and map the ideations and behavioural prescriptions that constitute the armed conflict norm cluster as defined by non-state armed groups. To do this, it utilises a qualitative content analysis of documents from non-state armed groups coded to identify the different elements of this norm cluster as well as the frequency, pervasiveness, and connections between these elements. The findings showed that, while international humanitarian law is universal, these norms limiting armed conflict are not, with no norm being seen across all contexts examined. Core norms of international humanitarian law, especially those supported by norm entrepreneurs, were seen to be the focus of sub-clusters and the emergence of new parts of the norm cluster could be observed over time. The findings suggest that further work with the conceptualisation of limits to armed conflict as norms could be useful in improving the embeddedness of norms amongst non-state armed groups and could be useful in reconceptualising limits to armed conflict in cases where broadly accepted norms face growing contestation.
Author: Will Jamison Wright
Publisher: Springer Nature
ISBN: 3031459148
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
The proliferation of non-state armed groups and non-international armed conflicts since the end of the Second World War has challenged the legal frameworks which govern conduct in armed conflict. While aspects of international humanitarian law apply to such conflicts, international law can only go part of the way to explaining behaviour by armed groups. This book seeks to refocus discussion on the limits to armed conflict in such settings by examining the norms that underpin international humanitarian law as espoused by these armed groups to give a clearer picture as to the collectively constructed appropriateness of certain behaviours in or limits to warfare. The specific research question is “What are the norms of armed conflict as identified by non-state armed groups?” Using Winston’s norm cluster model, this study seeks to examine and map the ideations and behavioural prescriptions that constitute the armed conflict norm cluster as defined by non-state armed groups. To do this, it utilises a qualitative content analysis of documents from non-state armed groups coded to identify the different elements of this norm cluster as well as the frequency, pervasiveness, and connections between these elements. The findings showed that, while international humanitarian law is universal, these norms limiting armed conflict are not, with no norm being seen across all contexts examined. Core norms of international humanitarian law, especially those supported by norm entrepreneurs, were seen to be the focus of sub-clusters and the emergence of new parts of the norm cluster could be observed over time. The findings suggest that further work with the conceptualisation of limits to armed conflict as norms could be useful in improving the embeddedness of norms amongst non-state armed groups and could be useful in reconceptualising limits to armed conflict in cases where broadly accepted norms face growing contestation.
Author: Sandesh Sivakumaran
Publisher: Oxford University Press
ISBN: 0199239797
Category : History
Languages : en
Pages : 696
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Book Description
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.
Author: Ezequiel Heffes
Publisher: T.M.C. Asser Press
ISBN: 9789462653412
Category : Law
Languages : en
Pages : 451
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Book Description
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
Author: Jörn Grävingholt
Publisher:
ISBN:
Category : Conflict management
Languages : en
Pages : 132
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Book Description
Author: René Provost
Publisher: Oxford University Press
ISBN: 0190912243
Category : Law
Languages : en
Pages : 352
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Book Description
Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.
Author: Lawrence Hill-Cawthorne
Publisher: Oxford University Press
ISBN: 0191067016
Category : Law
Languages : en
Pages : 424
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Book Description
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.
Author: Noam Zamir
Publisher: Edward Elgar Publishing
ISBN: 1785367900
Category : Law
Languages : en
Pages : 281
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Book Description
Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.
Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
ISBN: 1107190746
Category : Law
Languages : en
Pages : 313
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Book Description
Provides a multi-perspective study of the international law on self-defence against non-State actors.
Author: Anthony Cullen
Publisher: Cambridge University Press
ISBN: 1139486608
Category : Law
Languages : en
Pages : 237
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Book Description
Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.
Author: Gro Nystuen
Publisher: Oxford University Press
ISBN: 0199599009
Category : History
Languages : en
Pages : 866
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Book Description
This is a commentary on the legislation around the use of cluster munitions in warfare.--
