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Author: Ian Park
Publisher: Oxford University Press
ISBN: 0198821387
Category : Law
Languages : en
Pages : 273
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Book Description
What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.
Author: Ian Park
Publisher: Oxford University Press
ISBN: 0198821387
Category : Law
Languages : en
Pages : 273
Get Book Here
Book Description
What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.
Author: Ian David Park
Publisher:
ISBN: 9780191860737
Category : LAW
Languages : en
Pages :
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Book Description
Disagreement reigns amongst academics, practitioners, and politicians, as to whether human rights have a place in armed conflicts, especially in extra-territorial operations, with many fearing that an application of the right to life would fetter the ability of armed forces to achieve their military objectives. Governments, including the UK, have been keen to claim derogations. Academic literature on the subject is sparse. In this text, Ian Park seeks to fill the lacuna, by considering the UK's litigation strategy regarding the Iraq and Afghanistan conflicts, including focussing on a range of cases, public enquiries, and the investigations of the Iraq Historic Allegations Prosecution Team. He puts the UK's contribution to the NATO Operation Unified Protector in Libya in 2011 back under the spotlight, and assays the recent response to the threat of the Islamic State in Northern Iraq and Syria. Park pulls together the most recent, and complex, case law in an area lacking previous sustained analysis, and concludes that whilst the state does have right to life obligations, the military have little reason to be concerned.
Author: Gerd Oberleitner
Publisher: Cambridge University Press
ISBN: 1107087546
Category : History
Languages : en
Pages : 433
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Book Description
A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
Author: Saqib Jawad
Publisher:
ISBN: 9789975341189
Category : Law
Languages : en
Pages : 298
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Book Description
Discussion on the rights of human beings can be traced back to the beginning of humanity itself. Not only a human being possesses certain rights with his birth, rather unborn also possesses some rights, which are universally recognized in today's world in one way or the other. All the rights of human beings hold importance in their respective spheres, but unquestioningly, the right to life is the most important, because, without the existence of the right to life, the existence of all other rights becomes redundant. However, in various areas, importance and protection of the right to life have been ignored for one reason or the other. Same treatment has been done with this right when the question of its protection is raised during armed conflicts. Though conflicts are always deadly, they are also subject to certain rules. 'The law of armed conflict' also known as 'international humanitarian law'(IHL) is the applicable law during armed conflict, but 'human rights law' (HRL) is also equally applicable during such a situation. However, it has been noticed that IHL and HRL contain different criteria in respect of protection of the right to life during armed conflict. Generally speaking, IHL contains a bit liberal approach, while on the other hand, HRL contains a bit strict approach in respect of protection of the right to life. However, both branches of international law have their own importance, depending upon the prevailing situation and nature of the armed conflict. This book intends to highlight these gaps and suggest suitable measures for better protection of this core human right, the right to life.
Author: Ian Park
Publisher: Oxford University Press
ISBN: 0192554476
Category : Law
Languages : en
Pages : 273
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Book Description
The application of the right to life during armed conflict is an issue that polarizes opinion and generates considerable debate. Many believe that human rights law has no place in armed conflict, yet the European Court of Human Rights, and domestic courts, have ruled that it can apply. The exact contours of how the right to life applies during armed conflict remain largely unresolved. In this text, Ian Park seeks to clearly articulate the right to life obligations of states during both international and non-international armed conflict in respect of those individuals affected by the actions of states' armed forces and members of the armed forces themselves. In determining the right to life obligations of states, Park identifies the sources of law from which right to life obligations arise, how case law has developed and modified these obligations, and analyses how the law creates obligations in practice. Implicit in this analysis is a consideration of recent armed conflicts, and the actions of states, that lead to a series of concrete proposals designed to best ensure compliance with a state's right to life obligations.
Author: Edward J. Monahan
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 50
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Book Description
Author: Philipp Ambach
Publisher: BRILL
ISBN: 9004236597
Category : Law
Languages : en
Pages : 544
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Book Description
This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
Author: Andrew Clapham
Publisher:
ISBN: 0199559694
Category : History
Languages : en
Pages : 1009
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Book Description
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
Author: Christian Tomuschat
Publisher: BRILL
ISBN: 9004189653
Category : Law
Languages : en
Pages : 432
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Book Description
The right to life is the cornerstone of human rights protection. This book explores the mechanisms and procedures through which at international level the attempt is made to safeguard human life against all structural threats, even in armed conflict.
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 130
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Book Description
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.
