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The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Emily Crawford

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed ... More


The Evolution of Armed Conflict in the Twentieth Century and the International Legal Response—Towards Convergence

Crawford Emily

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

The first chapter of this book examines how the traditional legal distinction between international and non-international armed conflict has become, in practice, increasingly blurred through the last ... More


Weapons and the Law of Armed Conflict

William Boothby

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199569946
eISBN:
9780191705250
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569946.001.0001
Subject:
Law, Public International Law

This book is about the law of armed conflict governing the use of weapons. It interprets these rules and discusses the factors influencing future developments in weapons law. After relating the ... More


Force Against Non-State Actors as Armed Conflict

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins the examination of whether international humanitarian law is an appropriate legal framework that can be applied to extraterritorial force against non-state actors. This includes ... More


The Principle of Distinction under International Humanitarian Law

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the principle of distinction in contemporary International Humanitarian Law (IHL). As a general rule, the principle of distinction permits direct attacks only against the armed ... More


Achieving a Universal Combatant Status

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the policy reasons supporting the adoption of a unified regulatory approach to armed conflict, examining the potential benefits and reasons behind a harmonised approach to all ... More


Existing Protections for Participants in Non-International Armed Conflict

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter compares the scope and interpretation of the provisions of Geneva Convention III relating to prisoners of war, and sees whether the law of non-international armed conflicts includes ... More


Non-Traditional Models of Armed Conflict

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether the reference to a transnational ‘war on terror’ is merely rhetoric or in fact covers a situation which can be defined as armed conflict. This is ... More


The Paradigm of Hostilities

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins by introducing the concepts of ‘armed conflict’, ‘hostilities’, and ‘military necessity’, each of which is intrinsically linked to the paradigm of hostilities. It then identifies ... More


War and Law since 1945

Geoffrey Best

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198206996
eISBN:
9780191677427
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206996.001.0001
Subject:
History, Military History

Civilization has long sought to limit the violence and ugliness of war. This book traces the recent history of these efforts and explores important contemporary issues in the area. The book shows how ... More


Introduction

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0000
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter sets out the basis of the issue explored in the text – namely, why the law relating to armed conflicts makes the distinction between participants in international armed ... More


Extraterritorial Use of Force Against Non-State Actors

Noam Lubell

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from ... More


The Role of Human Rights and International Humanitarian Law in New Types of Armed Conflicts

Marco Sassòli

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the interaction of particular norms of international humanitarian law (IHL) and international human rights law (IHRL) that regulate specific situations and on the adequacy of ... More


The Extent to which Peacekeeping and other Multi-national Forces have a General ‘Responsibility to Protect’ under International Human Rights Law

Siobhán Wills

in Protecting Civilians: The Obligations of Peacekeepers

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199533879
eISBN:
9780191714801
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533879.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the extent to which international human rights law requires peacekeepers to protect civilians from serious violations of the rights they protect. The jurisprudence of the ICJ ... More


Chapeau Elements of War Crimes

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0006
Subject:
Law, Human Rights and Immigration

A war crime may be defined as a serious violation of the laws or customs of war which entails individual criminal responsibility under international law. From the point of view of the ad hoc ... More


The Right to Life in Times of War or Armed Conflict

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0004
Subject:
Law, Human Rights and Immigration, Medical Law

This chapter focuses on the taking of human life during times of armed conflict and considers three main issues: the application of the right to life during armed conflict; the right to life under ... More


Law Enforcement and the Protection of Life under International Humanitarian Law

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or ... More


Concluding Chapter

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter utilises the analysis conducted throughout the book, and applies it in the context of two cases. The first is the conflict between Israel and the Hezbollah in the summer of 2006. The ... More


The Role of the European Court of Human Rights in Monitoring Compliance with Humanitarian Law in Armed Conflict

Andrea Gioia

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the relationship between the European Convention on Human Rights (ECHR) and international humanitarian law (IHL). The first part of the chapter analyzes the relationship ... More


Executive Summary: Main Findings

The Independent International Commission on Kosovo

in The Kosovo Report: Conflict, International Response, Lessons Learned

Published in print:
2000
Published Online:
November 2003
ISBN:
9780199243099
eISBN:
9780191599538
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199243093.003.0001
Subject:
Political Science, International Relations and Politics

Presents the main findings of the report. It outlines the nature of the armed conflict in Kosovo, the early diplomatic efforts, the NATO intervention, the ensuing humanitarian crisis and the ... More


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