Practitioners' Guide to Human Rights Law in Armed Conflict

Practitioners' Guide to Human Rights Law in Armed Conflict

Author: Daragh Murray

Publisher: Oxford University Press

Published: 2016

Total Pages: 400

ISBN-13: 0198791399

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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 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 with total page 400 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.

Practitioners' Guide to Human Rights Law in Armed Conflict

Practitioners' Guide to Human Rights Law in Armed Conflict

Author: Dapo Akande

Publisher:

Published: 2016

Total Pages: 361

ISBN-13:

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This book provides detailed guidance for armed forces and practitioners on the application of international human rights law during armed conflict and its relationship with the law of armed conflict


Book Synopsis Practitioners' Guide to Human Rights Law in Armed Conflict by : Dapo Akande

Download or read book Practitioners' Guide to Human Rights Law in Armed Conflict written by Dapo Akande and published by . This book was released on 2016 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed guidance for armed forces and practitioners on the application of international human rights law during armed conflict and its relationship with the law of armed conflict

Practitioners' Guide to Human Rights Law in Armed Conflict

Practitioners' Guide to Human Rights Law in Armed Conflict

Author: Daragh Murray

Publisher:

Published: 2016

Total Pages:

ISBN-13: 9780191833861

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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.


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 . This book was released on 2016 with total page 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.

The Practical Guide to Humanitarian Law

The Practical Guide to Humanitarian Law

Author: Françoise Bouchet-Saulnier

Publisher: Rowman & Littlefield Publishers

Published: 2013-12-12

Total Pages: 827

ISBN-13: 1442221135

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Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.


Book Synopsis The Practical Guide to Humanitarian Law by : Françoise Bouchet-Saulnier

Download or read book The Practical Guide to Humanitarian Law written by Françoise Bouchet-Saulnier and published by Rowman & Littlefield Publishers. This book was released on 2013-12-12 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.

Human Rights Obligations of Non-State Armed Groups

Human Rights Obligations of Non-State Armed Groups

Author: Daragh Murray

Publisher: Bloomsbury Publishing

Published: 2016-05-05

Total Pages: 346

ISBN-13: 1509901655

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This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.


Book Synopsis Human Rights Obligations of Non-State Armed Groups by : Daragh Murray

Download or read book Human Rights Obligations of Non-State Armed Groups written by Daragh Murray and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.

The Oxford Handbook of International Law in Armed Conflict

The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham

Publisher:

Published: 2014-03

Total Pages: 1009

ISBN-13: 0199559694

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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.


Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham

Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by . This book was released on 2014-03 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on Human Rights and Humanitarian Law

Research Handbook on Human Rights and Humanitarian Law

Author: Robert Kolb

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 699

ISBN-13: 1781006075

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'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 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.

War, Conflict and Human Rights

War, Conflict and Human Rights

Author: Chandra Lekha Sriram

Publisher: Routledge

Published: 2014-01-16

Total Pages: 272

ISBN-13: 1135019460

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"War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational corporations and private military and security companies; - explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, the former Yugoslavia, and Cambodia, and reflect on recent events of the "Arab Spring"; - assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court, as well as other mechanisms of transitional justice; - discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally"--


Book Synopsis War, Conflict and Human Rights by : Chandra Lekha Sriram

Download or read book War, Conflict and Human Rights written by Chandra Lekha Sriram and published by Routledge. This book was released on 2014-01-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational corporations and private military and security companies; - explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, the former Yugoslavia, and Cambodia, and reflect on recent events of the "Arab Spring"; - assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court, as well as other mechanisms of transitional justice; - discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally"--

The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law

Author: Dieter Fleck

Publisher: OUP Oxford

Published: 2013-08-29

Total Pages: 768

ISBN-13: 0191641480

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This fully updated third edition of The Handbook of International Humanitarian Law sets out an international manual of humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. The new edition takes account of recent developments in the law, including the 2010 amendments to the ICC Statute, the progressive evolution of customary law, and new jurisprudence from national and international courts and tribunals. It sheds light on controversial topics like direct participation in hostilities; air and missile warfare; belligerent occupation; operational detention; and the protection of the environment in armed conflict. The book also addresses the growing need to consider the interface between international humanitarian law and human rights, as well as other branches of international law, both during armed conflicts and in post-conflict situations. The commentary both deepens reflection on such innovations, and critically reconsiders views expressed in earlier editions to provide a contemporary analysis of this changing field. Renowned international lawyers offer a broad spectrum of legal opinions, restating the law in this area, which is applicable worldwide. Particular attention is paid to problems of application of the law in recent military campaigns, which are assessed and interpreted in a practice-oriented manner. Based on best-practice rules of global importance, this book gives invaluable guidance to practitioners and scholars of this important body of law.


Book Synopsis The Handbook of International Humanitarian Law by : Dieter Fleck

Download or read book The Handbook of International Humanitarian Law written by Dieter Fleck and published by OUP Oxford. This book was released on 2013-08-29 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated third edition of The Handbook of International Humanitarian Law sets out an international manual of humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. The new edition takes account of recent developments in the law, including the 2010 amendments to the ICC Statute, the progressive evolution of customary law, and new jurisprudence from national and international courts and tribunals. It sheds light on controversial topics like direct participation in hostilities; air and missile warfare; belligerent occupation; operational detention; and the protection of the environment in armed conflict. The book also addresses the growing need to consider the interface between international humanitarian law and human rights, as well as other branches of international law, both during armed conflicts and in post-conflict situations. The commentary both deepens reflection on such innovations, and critically reconsiders views expressed in earlier editions to provide a contemporary analysis of this changing field. Renowned international lawyers offer a broad spectrum of legal opinions, restating the law in this area, which is applicable worldwide. Particular attention is paid to problems of application of the law in recent military campaigns, which are assessed and interpreted in a practice-oriented manner. Based on best-practice rules of global importance, this book gives invaluable guidance to practitioners and scholars of this important body of law.

Routledge Handbook of the Law of Armed Conflict

Routledge Handbook of the Law of Armed Conflict

Author: Rain Liivoja

Publisher: Routledge

Published: 2016-04-28

Total Pages: 665

ISBN-13: 1136028803

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The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.


Book Synopsis Routledge Handbook of the Law of Armed Conflict by : Rain Liivoja

Download or read book Routledge Handbook of the Law of Armed Conflict written by Rain Liivoja and published by Routledge. This book was released on 2016-04-28 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.