Note Verbale Dated 96 06 18 From The Permanent Mission Of Finland To The United Nations Addressed To The Secretary General
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Author | : Catherine Harwood |
Publisher | : BRILL |
Total Pages | : 413 |
Release | : 2020-01-13 |
Genre | : Law |
ISBN | : 9004411240 |
In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
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Total Pages | : 982 |
Release | : 1997 |
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Author | : United Nations. Department of General Assembly Affairs and Conference Services |
Publisher | : |
Total Pages | : 80 |
Release | : 2000 |
Genre | : Political Science |
ISBN | : |
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Publisher | : |
Total Pages | : 502 |
Release | : 1946 |
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Total Pages | : 532 |
Release | : 1996 |
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Author | : Nicole Ruder |
Publisher | : |
Total Pages | : 124 |
Release | : 2011-06-30 |
Genre | : |
ISBN | : 9780615496603 |
Author | : United Nations. Treaty Section |
Publisher | : New York : United Nations |
Total Pages | : 172 |
Release | : 1994 |
Genre | : Political Science |
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Total Pages | : 1164 |
Release | : 1996-10 |
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Author | : United Nations. International Law Commission |
Publisher | : |
Total Pages | : |
Release | : 1956 |
Genre | : International law |
ISBN | : |
Author | : Lawrence Hill-Cawthorne |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198749929 |
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.