Armed Groups And Contemporary Conflicts
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Author | : Elizabeth Wilmshurst |
Publisher | : OUP Oxford |
Total Pages | : 568 |
Release | : 2012-08-02 |
Genre | : Law |
ISBN | : 0191632236 |
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author | : Jelena Plamenac |
Publisher | : International Humanitarian Law |
Total Pages | : 296 |
Release | : 2021-12-02 |
Genre | : Law |
ISBN | : 9789004470538 |
"It is generally accepted that detention in armed conflicts is an inevitable security measure that all warring parties use extensively in their daily operations. In such violent contexts, the legal protection afforded to detainees may be lifesaving. International humanitarian law (IHL) treaties recognise this reality in international armed conflicts by incorporating safeguards from unlawful and arbitrary detention in formulated legal grounds and procedural guarantees that the detaining powers are obliged to follow. The same guarantees are, however, not afforded to people affected by non-international armed conflicts under IHL. Instead, in the absence of a clearly defined international normative framework, security detention remains among the least regulated aspects of military behaviour in this type of armed conflict"--
Author | : C. Sriram |
Publisher | : Springer |
Total Pages | : 228 |
Release | : 2008-04-16 |
Genre | : Political Science |
ISBN | : 0230582168 |
A critical study of incentives commonly used to induce non-state armed groups to engage in peace negotiations. Offers a closer analysis of these incentives, which offer such groups a place or a stake in governance, suggesting that not only are they frequently ineffective, but that they can have unintended and dangerous side effects.
Author | : William Plowright |
Publisher | : Routledge Studies in Civil Wars and Intra-State Conflict |
Total Pages | : 0 |
Release | : 2022-08-29 |
Genre | : Child soldiers |
ISBN | : 9780367649395 |
This book analyses the issue of child soldiers in order to understand how armed groups engage with international organizations to gain international legitimacy. The work examines why some armed groups 'follow the rules' of international humanitarian law and others do not. It argues that armed groups in conflicts around the world engage with international organizations in order to gain international legitimacy and to show they are following the laws of war. By examining the issue of child soldiers in contemporary armed conflict, the volume establishes a typology of which groups will engage with international actors and follow the laws of war - and which will not. The main aim of the book is to understand the rationality of even the most violent of actors, and to understand when and how armed groups can be encouraged to follow the laws of war. The work draws from extensive primary research conducted among armed groups in Syria and Myanmar, including al-Qaeda, the Islamic State, and the many small ethnic insurgent groups of Myanmar. This book will be of much interest to students of war and conflict studies, security studies, international humanitarian law, and International Relations.
Author | : Howard M. Hensel |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 284 |
Release | : 2007 |
Genre | : Political Science |
ISBN | : 9780754671138 |
Modern armed conflict raises serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.
Author | : Andrew Clapham |
Publisher | : Oxford University Press |
Total Pages | : 625 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0198810466 |
This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.
Author | : Lauroe R. Blank |
Publisher | : Aspen Publishing |
Total Pages | : 486 |
Release | : 2021-07-30 |
Genre | : Law |
ISBN | : 1543835546 |
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict
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 | : William C. Banks |
Publisher | : Columbia University Press |
Total Pages | : 320 |
Release | : 2011-10-25 |
Genre | : Political Science |
ISBN | : 0231526563 |
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
Author | : Tilman Rodenhäuser |
Publisher | : Oxford University Press |
Total Pages | : 401 |
Release | : 2018 |
Genre | : History |
ISBN | : 0198821948 |
The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.