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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


Status of Individuals and the Regulation of Force

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/9780199584840.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter delves into the content of the rules applicable to extraterritorial armed conflicts against non-state actors. Detailed attention is given to the status of individuals under international ... 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


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


Private Military and Security Companies in Non-international Armed Conflicts: Ius ad Bellum and Ius in Bello Issues

Luisa Vierucci

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0013
Subject:
Law, Public International Law, Human Rights and Immigration

The ius ad bellum analysis hinges upon the distinction between the right of the government to make recourse to private military and security companies (PMSCs) to maintain internal law and order or to ... More


Introduction

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/9780199584840.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, ... More


A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0008
Subject:
Law, Public International Law

Chapter 6 proposes a three-pronged approach to possible human rights obligations of armed groups by distinguishing between (i) human rights obligations of groups exercising quasi-governmental ... More


Not So Simple

Mark A. Drumbl

in Reimagining Child Soldiers in International Law and Policy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199592654
eISBN:
9780191738807
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592654.003.0003
Subject:
Law, Public International Law

How do children come to be associated with armed forces or armed groups? Once there, which roles do they serve? What do they do and how are they used? What is known about why some child soldiers ... More


Organized Armed Groups in Contemporary International Practice

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0004
Subject:
Law, Public International Law

Chapter 3 suggests that IHL requires non-state entities to fulfil three criteria to form a party to a non-international armed conflict: a group needs to be (1) a collective entity with (2) the ... More


The Applicability of the jus in bello to Cyber Operations

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The purpose of this Chapter is to establish when the law of armed conflict applies to cyber operations. As conventional jus in bello does not provide a general definition of ‘armed conflict’ but ... More


Conclusions

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0012
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 12 contains the conclusions of the study. It brings together arguments from previous chapters showing how they interact to explain how and when armed groups can most legitimately be held ... More


How are Armed Groups Bound by International Humanitarian Law?

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 7 conducts a detailed analysis of the main theories of how armed groups are bound by international humanitarian law including: (i) the third parties theory; (ii) the legislative jurisdiction ... More


The Difficulties of Legal Classification

Christine Bell

in On the Law of Peace: Peace Agreements and the Lex Pacificatoria

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199226832
eISBN:
9780191710261
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226832.003.0007
Subject:
Law, Public International Law

This chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the ... More


Armed Groups and Customary International Human Rights Law

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 11 analyses arguments that armed groups are bound by human rights law by virtue of customary international law. In doing so, the chapter draws together theories that have been explored in ... More


International Legal Personality of Armed Groups under Human Rights Law

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This final chapter of Part II of the book draws together the conclusions of the previous two chapters to develop conclusions about the circumstances in which armed groups can acquire legal ... More


Control of Territory and Human Rights Obligations of Armed Groups

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 9 considers the relevance of control of territory to the acquisition of legal obligations by armed groups. Employing the principle of ‘effectiveness’ as its starting point, the chapter ... More


Human Rights Obligations of Armed Non-State Actors

Gilles Giacca

in Economic, Social, and Cultural Rights in Armed Conflict

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198717447
eISBN:
9780191787010
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717447.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

The final chapter is devoted to armed non-state actors (ANSAS). How, and to what extent, international law formally binds these actors is still debated. While it is largely uncontested that IHL ... More


Introduction

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter explores the definition of ‘accountability’ and explains why it will only be achieved if based upon firmly established legal rules. It conducts a comprehensive review of the ... More


‘Repudiate all forms of intolerance’: how the movements were framed

Phil Edwards

in More Work! Less Pay!': Rebellion and Repression in Italy, 1972-77

Published in print:
2009
Published Online:
July 2012
ISBN:
9780719078736
eISBN:
9781781702192
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719078736.003.0005
Subject:
Political Science, European Union

This chapter examines the Partito Comunista Italiano's (PCI) perception and presentation of the movements of the second cycle of contention in Italy from 1972 to 1977. It analyses the key framing ... More


Armed Groups and Treaty Law

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 8 employs the theories identified in Chapter 7 to consider whether it is possible to argue that armed groups are bound by the major human rights treaties. The chapter conducts detailed ... More


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