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The Law of Non-International Armed Conflict

2012-08-09 History
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Release : 2012-08-09
Genre : History
Kind : eBook
Book Rating : 797/5 ( reviews)

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Book Synopsis The Law of Non-International Armed Conflict by : Sandesh Sivakumaran

Download or read book The Law of Non-International Armed Conflict written by Sandesh Sivakumaran. This book was released on 2012-08-09. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Non-international Armed Conflicts in International Law

2021 Intervention (International law)
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Release : 2021
Genre : Intervention (International law)
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Book Rating : 091/5 ( reviews)

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Book Synopsis Non-international Armed Conflicts in International Law by : Yoram Dinstein

Download or read book Non-international Armed Conflicts in International Law written by Yoram Dinstein. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: "Due to their preponderance and intensity, non-international armed conflicts are currently very much in the public mind: often, more so than international armed conflicts. The present volume serves as a comprehensive introduction to the international legal regime of non-international armed conflicts, proceeding strictly in light of what the contemporary law is (as distinct from what the present author or anybody else would like it to be). Non-international armed conflicts raise a raft of issues that need to be addressed, including in particular their preconditions, thresholds, diverse forms and configurations; the discordant perspectives of the international and domestic legal systems; as well as the application of treaty and customary law to non-State actors. In addition, it is necessary to examine the consequences of intervention by foreign States; the role of the Security Council; the effects of recognition; State responsibility for wrongdoing to the installations, diplomats or nationals of foreign States, etc. The interface between the law of international and non-international armed conflicts is a matter of crucial concern. There are also numerous specific problems, ranging from the complexities of "failing States" to the recruitment and use of child-soldiers"--

Internationalized Armed Conflicts in International Law

2018-07-12 Law
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Release : 2018-07-12
Genre : Law
Kind : eBook
Book Rating : 787/5 ( reviews)

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Book Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak

Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak. This book was released on 2018-07-12. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

The Concept of Non-International Armed Conflict in International Humanitarian Law

2010-04-08 Law
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Release : 2010-04-08
Genre : Law
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Book Rating : 608/5 ( reviews)

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Book Synopsis The Concept of Non-International Armed Conflict in International Humanitarian Law by : Anthony Cullen

Download or read book The Concept of Non-International Armed Conflict in International Humanitarian Law written by Anthony Cullen. This book was released on 2010-04-08. Available in PDF, EPUB and Kindle. Book excerpt: Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.

International Law and the Classification of Conflicts

2012-08-02 Law
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Release : 2012-08-02
Genre : Law
Kind : eBook
Book Rating : 236/5 ( reviews)

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Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst

Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst. This book was released on 2012-08-02. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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