Accountability of Armed Opposition Groups in International Law

Accountability of Armed Opposition Groups in International Law
Author :
Publisher : Cambridge University Press
Total Pages : 294
Release :
ISBN-10 : 9781139437950
ISBN-13 : 113943795X
Rating : 4/5 (50 Downloads)

Synopsis Accountability of Armed Opposition Groups in International Law by : Liesbeth Zegveld

Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.

Compliant Rebels

Compliant Rebels
Author :
Publisher : Cambridge University Press
Total Pages : 355
Release :
ISBN-10 : 9781107110045
ISBN-13 : 1107110041
Rating : 4/5 (45 Downloads)

Synopsis Compliant Rebels by : Hyeran Jo

This book analyzes civil wars over the past twenty years and examines what motivates some rebel groups to abide by international law.

Human Rights Obligations of Non-State Armed Groups

Human Rights Obligations of Non-State Armed Groups
Author :
Publisher : Bloomsbury Publishing
Total Pages : 368
Release :
ISBN-10 : 9781509901654
ISBN-13 : 1509901655
Rating : 4/5 (54 Downloads)

Synopsis Human Rights Obligations of Non-State Armed Groups by : Daragh Murray

This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.

Autonomous Weapon Systems and the Law of Armed Conflict

Autonomous Weapon Systems and the Law of Armed Conflict
Author :
Publisher : Cambridge University Press
Total Pages : 195
Release :
ISBN-10 : 9781108499743
ISBN-13 : 1108499740
Rating : 4/5 (43 Downloads)

Synopsis Autonomous Weapon Systems and the Law of Armed Conflict by : Tim McFarland

A close examination of the interface between autonomous technologies and the law with legal analysis grounded in technological realities.

The Law of Non-International Armed Conflict

The Law of Non-International Armed Conflict
Author :
Publisher : Oxford University Press
Total Pages : 696
Release :
ISBN-10 : 9780199239795
ISBN-13 : 0199239797
Rating : 4/5 (95 Downloads)

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

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.

Responsibilities of the Non-State Actor in Armed Conflict and the Market Place

Responsibilities of the Non-State Actor in Armed Conflict and the Market Place
Author :
Publisher : Hotei Publishing
Total Pages : 405
Release :
ISBN-10 : 9789004293632
ISBN-13 : 9004293639
Rating : 4/5 (32 Downloads)

Synopsis Responsibilities of the Non-State Actor in Armed Conflict and the Market Place by : Noemi Gal-Or

The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.

An Introduction to the International Law of Armed Conflicts

An Introduction to the International Law of Armed Conflicts
Author :
Publisher : Bloomsbury Publishing
Total Pages : 372
Release :
ISBN-10 : 9781847314604
ISBN-13 : 1847314600
Rating : 4/5 (04 Downloads)

Synopsis An Introduction to the International Law of Armed Conflicts by : Robert Kolb

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Customary International Humanitarian Law

Customary International Humanitarian Law
Author :
Publisher : Cambridge University Press
Total Pages : 610
Release :
ISBN-10 : 9780521808996
ISBN-13 : 0521808995
Rating : 4/5 (96 Downloads)

Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The Threat of Force in International Law

The Threat of Force in International Law
Author :
Publisher : Cambridge University Press
Total Pages : 23
Release :
ISBN-10 : 9781139464918
ISBN-13 : 1139464914
Rating : 4/5 (18 Downloads)

Synopsis The Threat of Force in International Law by : Nikolas Stürchler

Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Non-State Actors and International Obligations

Non-State Actors and International Obligations
Author :
Publisher : BRILL
Total Pages : 523
Release :
ISBN-10 : 9789004340251
ISBN-13 : 9004340254
Rating : 4/5 (51 Downloads)

Synopsis Non-State Actors and International Obligations by : James Summers

Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.