Military Investigations in Armed Conflict

Military Investigations in Armed Conflict
Author: Claire Simmons
Publisher:
Total Pages: 0
Release: 2024
Genre: Courts-martial and courts of inquiry
ISBN: 9781032418889

"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 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 regards 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"--

Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation

Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation
Author: Alon Margalit
Publisher: BRILL
Total Pages: 304
Release: 2018-07-10
Genre: Law
ISBN: 9004368213

In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.

Investigating Operational Incidents in a Military Context

Investigating Operational Incidents in a Military Context
Author: David W. Lovell
Publisher: Martinus Nijhoff Publishers
Total Pages: 273
Release: 2014-11-27
Genre: Law
ISBN: 9004277102

‘Operational incidents’ denotes misconduct, misdeeds or mishaps that occur on military operations, whether concerning the mistreatment of enemy soldiers, offences against civilians, conflict of varying levels within one’s own forces, or accidents that lead to injury or death within a theatre of operations. Alleged breaches of IHL or the disciplinary regulations of particular militaries require at the very least an initial assessment to determine the facts and then, if warranted, a more substantial investigation. The need for robust investigations, however, is not always matched by the will and the ability to undertake them. There is at last a sufficient body of experience on which we can reflect, in this volume, on such investigations, their challenges, and their likely evolution.

War Crimes and the Conduct of Hostilities

War Crimes and the Conduct of Hostilities
Author: Fausto Pocar
Publisher: Edward Elgar Publishing
Total Pages: 405
Release: 2013-09-30
Genre: Law
ISBN: 1781955921

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

Juridification of Warfare and Limits of Accountability

Juridification of Warfare and Limits of Accountability
Author: Martina Kolanoski
Publisher: BRILL
Total Pages: 212
Release: 2022-07-18
Genre: Law
ISBN: 9004472444

The book provides a detailed praxeological analysis of a single NATO-airstrike in Afghanistan as a vivid example of how an event and its ex-post accountings shape and specify the legally required protection of civilians in armed conflict.

Military Investigations in Armed Conflict

Military Investigations in Armed Conflict
Author: Claire Simmons
Publisher: Taylor & Francis
Total Pages: 212
Release: 2024-04-02
Genre: Law
ISBN: 1040006698

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.

International Law's Invisible Frames

International Law's Invisible Frames
Author: Andrea Bianchi
Publisher: Oxford University Press
Total Pages: 337
Release: 2021
Genre: Law
ISBN: 0192847538

This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.

The War Report

The War Report
Author: Stuart Casey-Maslen
Publisher: OUP Oxford
Total Pages: 644
Release: 2014-11-20
Genre: Law
ISBN: 0191037648

This War Report provides detailed information on every armed conflict which took place during 2013, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they created. In Part I, the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2013, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of the 28 conflicts identified in Part I are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include US policy on drone strikes, the use of chemical weapons in Syria, the protection of persons with a disability, and national and international war crimes trials. The Report gives a full and accessible overview of armed conflicts in 2013, making it the perfect first port of call for everyone working in the field.

The Afghanistan Papers

The Afghanistan Papers
Author: Craig Whitlock
Publisher: Simon and Schuster
Total Pages: 384
Release: 2022-08-30
Genre: History
ISBN: 1982159014

A Washington Post Best Book of 2021 ​The #1 New York Times bestselling investigative story of how three successive presidents and their military commanders deceived the public year after year about America’s longest war, foreshadowing the Taliban’s recapture of Afghanistan, by Washington Post reporter and three-time Pulitzer Prize finalist Craig Whitlock. Unlike the wars in Vietnam and Iraq, the US invasion of Afghanistan in 2001 had near-unanimous public support. At first, the goals were straightforward and clear: defeat al-Qaeda and prevent a repeat of 9/11. Yet soon after the United States and its allies removed the Taliban from power, the mission veered off course and US officials lost sight of their original objectives. Distracted by the war in Iraq, the US military become mired in an unwinnable guerrilla conflict in a country it did not understand. But no president wanted to admit failure, especially in a war that began as a just cause. Instead, the Bush, Obama, and Trump administrations sent more and more troops to Afghanistan and repeatedly said they were making progress, even though they knew there was no realistic prospect for an outright victory. Just as the Pentagon Papers changed the public’s understanding of Vietnam, The Afghanistan Papers contains “fast-paced and vivid” (The New York Times Book Review) revelation after revelation from people who played a direct role in the war from leaders in the White House and the Pentagon to soldiers and aid workers on the front lines. In unvarnished language, they admit that the US government’s strategies were a mess, that the nation-building project was a colossal failure, and that drugs and corruption gained a stranglehold over their allies in the Afghan government. All told, the account is based on interviews with more than 1,000 people who knew that the US government was presenting a distorted, and sometimes entirely fabricated, version of the facts on the ground. Documents unearthed by The Washington Post reveal that President Bush didn’t know the name of his Afghanistan war commander—and didn’t want to meet with him. Secretary of Defense Donald Rumsfeld admitted that he had “no visibility into who the bad guys are.” His successor, Robert Gates, said: “We didn’t know jack shit about al-Qaeda.” The Afghanistan Papers is a “searing indictment of the deceit, blunders, and hubris of senior military and civilian officials” (Tom Bowman, NRP Pentagon Correspondent) that will supercharge a long-overdue reckoning over what went wrong and forever change the way the conflict is remembered.

Beyond the Grave Breaches Regime

Beyond the Grave Breaches Regime
Author: Amichai Cohen
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:

The purpose of the present article is to critically evaluate the contemporary international law obligation to investigate military conduct in times of conflict and to identify relevant normative trends. In a nutshell, we argue that the traditional focus on the Geneva grave breaches regime in the context of military investigations is misplaced. The duty to investigate is far broader - encompassing the alleged violation of many other norms of IHL and IHRL.