Domestic Military Powers Law And Human Rights
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Author | : Michael Head |
Publisher | : Routledge |
Total Pages | : 206 |
Release | : 2019-12-05 |
Genre | : Law |
ISBN | : 1000754022 |
This book examines the national and international law, human rights and civil liberties issues involved in governments calling out the armed forces to deal with civil unrest or terrorism. The introduction of domestic military powers has become an international trend. Troops already have been seen on the streets in major Western democracies. These developments raise major political, constitutional and related problems. Examining the changes underway in eight comparable countries—the United States, Canada, Britain, France, Italy, Germany, Japan and Australia—this book provides a review and analysis of this trend, including its implications for legal and political rights. The book will be of interest to the general public, as well as students, academics and policy-makers in the areas of human rights and civil liberties, constitutional law, criminal justice and security studies.
Author | : Michael Head |
Publisher | : Routledge |
Total Pages | : 214 |
Release | : 2016-05-13 |
Genre | : Law |
ISBN | : 1317148509 |
Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators, as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.
Author | : Pauline Therese Collins |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 447 |
Release | : 2022-06-08 |
Genre | : Law |
ISBN | : 9004468129 |
This book details the position in 13 countries on calling out the military in the domestic domain. A historical context along with the current position and practice is provided.
Author | : U C. Jha |
Publisher | : |
Total Pages | : 322 |
Release | : 2018-02-06 |
Genre | : |
ISBN | : 9789386457424 |
This book will help to enhance the understanding of the legal position of the armed forces, which is of paramount importance today due to the blurring of the lines between national security, anti-insurgency operations and law enforcement.
Author | : Ellen Nohle |
Publisher | : Edward Elgar Publishing |
Total Pages | : 277 |
Release | : 2024-04-12 |
Genre | : Law |
ISBN | : 1035332345 |
This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.
Author | : Dr Michael Head |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 340 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409496740 |
Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators, as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.
Author | : Daragh Murray |
Publisher | : Oxford University Press |
Total Pages | : 400 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198791399 |
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.
Author | : Dr. U C Jha |
Publisher | : Vij Books India Pvt Ltd |
Total Pages | : 346 |
Release | : 2015-03-01 |
Genre | : Law |
ISBN | : 9384464619 |
The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.
Author | : Wolfgang Kaleck |
Publisher | : |
Total Pages | : 212 |
Release | : 2018-11 |
Genre | : Human rights |
ISBN | : 9781682191736 |
The author, founder and General Secretary of the European Center for Constitutional and Human Rights (ECCHR), chronicles work and related events surrounding campaigns against several perpetrators of human rights violations around the world.
Author | : Jens David Ohlin |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2016-08-04 |
Genre | : Law |
ISBN | : 1107137934 |
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.