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| Author | : Daragh Murray |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 346 |
| Release | : 2016-05-05 |
| Genre | : Law |
| ISBN | : 1509901655 |
Download Human Rights Obligations of Non-State Armed Groups Book in PDF, ePub and Kindle
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.
| Author | : Daragh Murray |
| Publisher | : |
| Total Pages | : |
| Release | : 2016 |
| Genre | : International criminal law |
| ISBN | : 9781509901661 |
Download Human Rights Obligations of Non-state Armed Groups Book in PDF, ePub and Kindle
Introduction -- International legal personality -- Determining the criteria necessary to satisfy the capacity requirement associated with international legal personality -- Establishing a legal basis for the application of international law to armed groups -- The de facto control theory and the international regulation of armed groups in the absence of directly applicable international treaty law -- The application of international human rights law to armed groups -- The gradated application of international human rights law obligations -- Prosecution, detention, and satisfaction of the right to health by armed groups -- Conclusion
| Author | : Andrew Clapham |
| Publisher | : OUP Oxford |
| Total Pages | : 2518 |
| Release | : 2006-03-02 |
| Genre | : Political Science |
| ISBN | : 0191018627 |
Download Human Rights Obligations of Non-State Actors Book in PDF, ePub and Kindle
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
| Author | : Tilman Rodenhäuser |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198821948 |
Download Organizing Rebellion Book in PDF, ePub and Kindle
As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.
| Author | : Ezequiel Heffes |
| Publisher | : T.M.C. Asser Press |
| Total Pages | : 451 |
| Release | : 2021-01-06 |
| Genre | : Law |
| ISBN | : 9789462653412 |
Download International Humanitarian Law and Non-State Actors Book in PDF, ePub and Kindle
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
| Author | : Lawrence Hill-Cawthorne |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198749929 |
Download Detention in Non-international Armed Conflict Book in PDF, ePub and Kindle
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.
| Author | : International Institute of Humanitarian Law |
| Publisher | : FrancoAngeli |
| Total Pages | : 258 |
| Release | : 2010-05-27T00:00:00+02:00 |
| Genre | : Law |
| ISBN | : 8856827204 |
Download Non-State Actors and International Humanitarian Law. Organized armed groups: a challenge for the 21st century Book in PDF, ePub and Kindle
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| Author | : Gerd Oberleitner |
| Publisher | : Cambridge University Press |
| Total Pages | : 433 |
| Release | : 2015-03-05 |
| Genre | : History |
| ISBN | : 1107087546 |
Download Human Rights in Armed Conflict Book in PDF, ePub and Kindle
A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.
| Author | : Dr Konstantinos Mastorodimos |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 465 |
| Release | : 2016-01-28 |
| Genre | : Law |
| ISBN | : 1472456181 |
Download Armed Non-State Actors in International Humanitarian and Human Rights Law Book in PDF, ePub and Kindle
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
| Author | : Noemi Gal-Or |
| Publisher | : Hotei Publishing |
| Total Pages | : 405 |
| Release | : 2015-05-12 |
| Genre | : Law |
| ISBN | : 9004293639 |
Download Responsibilities of the Non-State Actor in Armed Conflict and the Market Place Book in PDF, ePub and Kindle
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.
