International Humanitarian Law: Theory, Practice, Context PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download International Humanitarian Law: Theory, Practice, Context PDF full book. Access full book title International Humanitarian Law: Theory, Practice, Context by Daniel Thürer. Download full books in PDF and EPUB format.
Author: Daniel Thürer
Publisher: Martinus Nijhoff Publishers
ISBN: 9004179100
Category : Law
Languages : en
Pages : 505
Get Book Here
Book Description
This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".
Author: Daniel Thürer
Publisher: Martinus Nijhoff Publishers
ISBN: 9004179100
Category : Law
Languages : en
Pages : 505
Get Book Here
Book Description
This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".
Author: Robin Geiß
Publisher: Cambridge University Press
ISBN: 1107171350
Category : Law
Languages : en
Pages : 281
Get Book Here
Book Description
An analysis of the role of the International Committee of the Red Cross (ICRC) in international norm creation and the progressive development of international humanitarian law.
Author: Eyal Benvenisti
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 416
Get Book Here
Book Description
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Author: Hanne Cuyckens
Publisher: BRILL
ISBN: 9004353976
Category : Law
Languages : en
Pages : 298
Get Book Here
Book Description
In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
Author: Benjamin Perrin
Publisher: UBC Press
ISBN: 0774822341
Category : Law
Languages : en
Pages : 421
Get Book Here
Book Description
The face of modern warfare is changing as more and more humanitarian organizations, private military companies, and non-state armed groups enter complex security environments such as Iraq, Afghanistan, and Haiti. Although this shift has been overshadowed by legal issues connected to the War on Terror and intervention in countries such as Rwanda and Sudan, it has caused some to question the relevance of the laws of war. Modern Warfare explores the law’s failure -- and potential -- to ensure compliance in the context of a changing military landscape; by doing so, it opens a path to preventing further unnecessary suffering and violence.
Author: Lawrence Hill-Cawthorne
Publisher: Oxford University Press
ISBN: 0191067016
Category : Law
Languages : en
Pages : 424
Get Book Here
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: Gro Nystuen
Publisher: Oxford University Press
ISBN: 0199599009
Category : History
Languages : en
Pages : 866
Get Book Here
Book Description
This is a commentary on the legislation around the use of cluster munitions in warfare.--
Author: Lindsey Cameron
Publisher: Cambridge University Press
ISBN: 1107328683
Category : Law
Languages : en
Pages : 757
Get Book Here
Book Description
A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.
Author: Michael Bothe
Publisher: Martinus Nijhoff Publishers
ISBN: 9024725372
Category : Law
Languages : en
Pages : 770
Get Book Here
Book Description
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Author: Jelena Plamenac
Publisher: BRILL
ISBN: 9004470557
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.
