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| Author | : Stuart Wallace |
| Publisher | : Cambridge University Press |
| Total Pages | : 277 |
| Release | : 2019-04-11 |
| Genre | : Law |
| ISBN | : 1108475183 |
An analysis of how the European Convention on Human Rights applies to military operations.
| Author | : Karen da Costa |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 334 |
| Release | : 2012-10-12 |
| Genre | : Political Science |
| ISBN | : 9004227180 |
In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.
| Author | : Peter Kempees |
| Publisher | : BRILL |
| Total Pages | : 431 |
| Release | : 2020-11-16 |
| Genre | : Law |
| ISBN | : 9004425659 |
This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
| Author | : James Edmund Sandford Fawcett |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 490 |
| Release | : 1987 |
| Genre | : Language Arts & Disciplines |
| ISBN | : |
Convention on Human Rights. It describes the reports and.
| Author | : Daragh Murray |
| Publisher | : Oxford University Press |
| Total Pages | : 400 |
| Release | : 2016-11-03 |
| Genre | : Law |
| ISBN | : 0192508911 |
Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.
| Author | : Marco Odello |
| Publisher | : BRILL |
| Total Pages | : 330 |
| Release | : 2011-10-14 |
| Genre | : Law |
| ISBN | : 9004215905 |
By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
| Author | : Malgosia Fitzmaurice |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 304 |
| Release | : 2012-12-07 |
| Genre | : Law |
| ISBN | : 9004242813 |
The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law
| Author | : Robin Geiß |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 513 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0198842961 |
The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.
| Author | : Peter Rowe |
| Publisher | : Cambridge University Press |
| Total Pages | : 250 |
| Release | : 2006-01-12 |
| Genre | : Political Science |
| ISBN | : 1139448323 |
This book considers those aspects of human rights law which may become relevant to the activities of armed forces whether they remain in barracks, undertake training or are deployed in military operations within their own state or outside it. The unique nature of military service and of military courts gives rise to human rights issues in respect both of civilians and soldiers, whether volunteers or conscripts, who find themselves before these courts. Rowe examines these issues as well as the application of international humanitarian law alongside the human rights obligations of the state when forces are training for and involved in armed conflict; where armed forces are deployed in situations of civil disorder; and where states contribute armed forces to multinational forces. An invaluable resource for scholars in human rights, international law and military studies, and anyone concerned with policy relevant to the armed forces.
| Author | : Conall Mallory |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 255 |
| Release | : 2020-04-16 |
| Genre | : Political Science |
| ISBN | : 1509914757 |
To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.
