The Duty To Investigate In Situations Of Armed Conflict

Author : Floris Tan
Publisher : BRILL
ISBN 13 : 9004540954
Total Pages : 647 pages
Book Rating : 4.58/5 ( download)

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Download or read book The Duty to Investigate in Situations of Armed Conflict written by Floris Tan and published by BRILL. This book was released on 2023-09-14 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.

Author : Ian Park
Publisher : Oxford University Press
ISBN 13 : 0198821387
Total Pages : 273 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Right to Life in Armed Conflict written by Ian Park and published by Oxford University Press. This book was released on 2018 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jean-Marie Henckaerts
Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.96/5 ( download)

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Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Author : Alon Margalit
Publisher : BRILL
ISBN 13 : 9004368213
Total Pages : 304 pages
Book Rating : 4.17/5 ( download)

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Download or read book Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation written by Alon Margalit and published by BRILL. This book was released on 2018-07-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Investigating Civilian Casualties Alon Margalit discusses the appropriate response to State-caused fatalities. Highlighting various legal and practical challenges, the State's duty to investigate is considered amid increasing public scrutiny and influence of human rights law during military operations

Author : Claire Simmons
Publisher : Taylor & Francis
ISBN 13 : 1040006698
Total Pages : 212 pages
Book Rating : 4.96/5 ( download)

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Download or read book Military Investigations in Armed Conflict written by Claire Simmons and published by Taylor & Francis. This book was released on 2024-04-02 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: An allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate? This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.

Author : Mary Ellen O'Connell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9047425812
Total Pages : 519 pages
Book Rating : 4.16/5 ( download)

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Download or read book What Is War? written by Mary Ellen O'Connell and published by Martinus Nijhoff Publishers. This book was released on 2012-05-16 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: The meaning of armed conflict is reported on by prominent international law scholars from four continents together with perspectives by military historians, soldiers, just war scholars, political scientists, peace studies scholars, and war correspondents, offering a unique interdisciplinary exploration.

Author : Fausto Pocar
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955921
Total Pages : 405 pages
Book Rating : 4.25/5 ( download)

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Download or read book War Crimes and the Conduct of Hostilities written by Fausto Pocar and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠThis comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual viole

Author : Ziv Bohrer
Publisher : Cambridge University Press
ISBN 13 : 9781108722988
Total Pages : 260 pages
Book Rating : 4.89/5 ( download)

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Download or read book Law Applicable to Armed Conflict written by Ziv Bohrer and published by Cambridge University Press. This book was released on 2020-02-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

Author : Michael Bothe
Publisher : Oxford University Press
ISBN 13 : 0199658803
Total Pages : 767 pages
Book Rating : 4.00/5 ( download)

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Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Author : Elena Katselli Proukaki
Publisher : Routledge
ISBN 13 : 1317243897
Total Pages : 227 pages
Book Rating : 4.92/5 ( download)

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Download or read book Armed Conflict and Forcible Displacement written by Elena Katselli Proukaki and published by Routledge. This book was released on 2018-03-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.