The Transfer of Conflict-Related Detainees

The Transfer of Conflict-Related Detainees
Author: Maral Kashgar
Publisher: Nomos Verlag
Total Pages: 450
Release: 2022-09-14
Genre: Law
ISBN: 3748933010

Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.

Unravelling Unlawful Confinement in Contemporary Armed Conflicts

Unravelling Unlawful Confinement in Contemporary Armed Conflicts
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"--

International Law and the Classification of Conflicts

International Law and the Classification of Conflicts
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.

The Treatment of Prisoners Under International Law

The Treatment of Prisoners Under International Law
Author: Nigel Rodley
Publisher: Oxford University Press on Demand
Total Pages: 750
Release: 2009-08-13
Genre: Law
ISBN: 0199215073

This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.

Detention in Non-International Armed Conflict

Detention in Non-International Armed Conflict
Author: Lawrence Hill-Cawthorne
Publisher: Oxford University Press
Total Pages: 424
Release: 2016-03-24
Genre: Law
ISBN: 0191067016

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.

The Battle Behind the Wire

The Battle Behind the Wire
Author: Cheryl Benard
Publisher: Rand Corporation
Total Pages: 128
Release: 2011
Genre: History
ISBN: 0833051946

This report finds parallels in U.S. prisoner and detainee operations in World War II, Korea, Vietnam, and Iraq. It recommends that detailed doctrine should be in place prior to detention and that detainees should be interviewed when first detained.

The UN Working Group on Arbitrary Detention

The UN Working Group on Arbitrary Detention
Author: Jared Genser
Publisher: Cambridge University Press
Total Pages: 655
Release: 2019-09-26
Genre: Law
ISBN: 1107034450

This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.

Unravelling Unlawful Confinement in Contemporary Armed Conflicts

Unravelling Unlawful Confinement in Contemporary Armed Conflicts
Author: Jelena Plamenac
Publisher: BRILL
Total Pages: 295
Release: 2021-11-29
Genre: Law
ISBN: 9004470557

International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.

Imagining Justice for Syria

Imagining Justice for Syria
Author: Beth Van Schaack
Publisher: Oxford University Press, USA
Total Pages: 493
Release: 2020
Genre: Law
ISBN: 0190055960

"The situation in Syria poses an acute-some might say existential-challenge to the international community's commitment to justice and accountability. It also marks the abject failure of the international system of peace and security erected in the post-World War II period. The Security Council has been almost entirely incapacitated by the propensity of Russia to wield its veto against nearly every coercive measure of any consequence, including legal accountability, that might be imposed on the regime of Syrian President Bashar Al-Assad. As a result, other actors, within and outside of the United Nations, have endeavored to find inventive ways around this geopolitical impasse. This forced creativity has generated a number of innovative institutions, legal arguments, and investigative techniques aimed at advancing justice and accountability for Syria, wherever possible. This book catalogues the many obstacles to this pursuit of justice for Syria and analyzes ways today's justice entrepreneurs have worked to find paths around them. The book's subtitle-Water Always Finds Its Way-reflects this idea that the quest for justice is inexorable. Just as water eventually finds its way through cracks and around obstacles, even if at a trickle, so too will justice. Virtually every international crime that forms part of the international penal code-a mélange of customary international law and treaty provisions-has been committed in and around Syria. The Syrian people have witnessed and been subjected to deliberate, indiscriminate, and disproportionate attacks; the misuse of conventional, unconventional, and improvised weapon systems; industrial-grade custodial abuses in a vast network of formal and informal prisons; unrelenting siege warfare; the denial of humanitarian aid and what appears to be the deliberate use of starvation as a weapon of war; sexual violence, including the sexual enslavement of Yezidi women and girls trafficked from Iraq and the sexual torture of detained men and boys; and the intentional destruction of irreplaceable cultural property. Thousands of Syrians are missing, many of them victims of enforced disappearances. Even children are not spared. The long-standing taboo against the use of chemical weapons has been repeatedly flouted in ways that constitute a double violation of IHL: the use of a prohibited weapon to target civilians. And, the sectarian nature of the violence has raised the specter of genocide against ethno-religious minorities. Indeed, then-Secretary of State John Kerry announced in 2016 that ISIL was committing genocide against a number of minority groups in Syria and Iraq. Violence in the region has contributed to the biggest exodus of refugees since World War II"--