Accountability Of Armed Opposition Groups In International Law
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Author | : Liesbeth Zegveld |
Publisher | : Cambridge University Press |
Total Pages | : 294 |
Release | : 2002-07-25 |
Genre | : Law |
ISBN | : 113943795X |
Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.
Author | : Hyeran Jo |
Publisher | : Cambridge University Press |
Total Pages | : 355 |
Release | : 2015-08-21 |
Genre | : History |
ISBN | : 1107110041 |
This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.
Author | : Daragh Murray |
Publisher | : Bloomsbury Publishing |
Total Pages | : 368 |
Release | : 2016-05-05 |
Genre | : Law |
ISBN | : 1509901655 |
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.
Author | : Tim McFarland |
Publisher | : Cambridge University Press |
Total Pages | : 195 |
Release | : 2020-07-09 |
Genre | : Law |
ISBN | : 1108499740 |
A close examination of the interface between autonomous technologies and the law with legal analysis grounded in technological realities.
Author | : Noemi Gal-Or |
Publisher | : Hotei Publishing |
Total Pages | : 405 |
Release | : 2015-05-12 |
Genre | : Law |
ISBN | : 9004293639 |
The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.
Author | : Robert Kolb |
Publisher | : Bloomsbury Publishing |
Total Pages | : 372 |
Release | : 2008-09-17 |
Genre | : Law |
ISBN | : 1847314600 |
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
Author | : Jean-Marie Henckaerts |
Publisher | : Cambridge University Press |
Total Pages | : 610 |
Release | : 2005-03-03 |
Genre | : Law |
ISBN | : 0521808995 |
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 | : Sandesh Sivakumaran |
Publisher | : Oxford University Press |
Total Pages | : 696 |
Release | : 2012-08-09 |
Genre | : History |
ISBN | : 0199239797 |
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 | : Haidi Willmot |
Publisher | : Oxford University Press |
Total Pages | : 497 |
Release | : 2016 |
Genre | : Law |
ISBN | : 019872926X |
The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.
Author | : Afonso Seixas-Nunes |
Publisher | : Cambridge University Press |
Total Pages | : 287 |
Release | : 2022-05-19 |
Genre | : Law |
ISBN | : 1316514838 |
A comprehensive definition of autonomous weapons systems and their operation and what happens when they cause violations of international law.