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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


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


War Crimes in Internal Armed Conflicts

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/9780199207541.003.0009
Subject:
Law, Human Rights and Immigration

This chapter examines the question of whether a war crime can be committed in the context of an internal armed conflict. Although an affirmative answer to this question may appear to be self-evident ... 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


How to Improve upon the Faulty Legal Regime of Internal Armed Conflicts

Sandesh Sivakumaran

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0040
Subject:
Law, Public International Law

There are two major gaps in the law governing non-international armed conflicts: not infrequently, armed groups do exercise territorial control, yet international humanitarian law has little to say ... More


Scope of Application of the Doctrine of Command Responsibility—International and Internal Conflicts as well as Peacetime?

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0005
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses the scope of application of the doctrine of superior responsibility, in particular the question of whether it applies in the context of both international as well as internal ... More


Current Trends in the Development of the Law of Armed Conflict

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0001
Subject:
Law, Public International Law

This chapter discusses the six main areas where the law of armed conflicts is most glaringly in need to be updated because of fresh and multifarious developments in warfare. First, it considers the ... More


Legal Legitimacy and Recognition of Governments: A Doctrinal Guide

Brad R. Roth

in Governmental Illegitimacy in International Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780199243013
eISBN:
9780191697210
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243013.003.0005
Subject:
Law, Public International Law

This chapter provides a general overview of the legal issues involved in the recognition of governments. It discusses aspects of recognition doctrine and describes the international law of internal ... More


Civil War and International Law

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0005
Subject:
Law, Public International Law

No continent has been spared from internal armed conflicts and serious internal disturbances. What is more worrying though is that, for various historical and political reasons, internal conflicts ... More


Humanitarian Law or Humanitarian Politics? The 1974 Diplomatic Conference on Humanitarian Law *

Detlev F. Vagts, Theodor Meron, Stephen M. Schwebel, and Charles Keever

in Humanizing the Laws of War: Selected Writings of Richard Baxter

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680252
eISBN:
9780191760181
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680252.003.0017
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter describes the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, the first session of which met in Geneva from ... More


The Spanish Civil War and the Development of Customary Law Concerning Internal Armed Conflicts

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0006
Subject:
Law, Public International Law

It is usually held that when civil strife or armed rebellion breaks out in the territory of a sovereign State, the whole legal regulation of hostilities falls within the competence of that State. As ... More


Wars of National Liberation and Humanitarian Law *

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0004
Subject:
Law, Public International Law

It is common knowledge that as soon as the upsurge of national independence started in colonial territories in the early 1950s, liberation movements attempted to blow up the traditional distinction ... More


Parallel Tracks and Fraught Encounters: The Human Rights and Feminist Movements (and Campesina Protagonism) in Peru

Pascha Bueno-Hansen

in Feminist and Human Rights Struggles in Peru: Decolonizing Transitional Justice

Published in print:
2015
Published Online:
April 2017
ISBN:
9780252039423
eISBN:
9780252097539
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252039423.003.0002
Subject:
Society and Culture, Latin American Studies

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address ... More


Finding Each Other’s Hearts: Weaving Interculturality into Gender and Human Rights

Pascha Bueno-Hansen

in Feminist and Human Rights Struggles in Peru: Decolonizing Transitional Justice

Published in print:
2015
Published Online:
April 2017
ISBN:
9780252039423
eISBN:
9780252097539
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252039423.003.0006
Subject:
Society and Culture, Latin American Studies

This chapter examines how DEMUS wove interculturality into its feminist human rights work as it sought to address the challenges involved in cases of sexual violence during the internal armed ... More


Waiting in the Garden of Broken Trees

Pascha Bueno-Hansen

in Feminist and Human Rights Struggles in Peru: Decolonizing Transitional Justice

Published in print:
2015
Published Online:
April 2017
ISBN:
9780252039423
eISBN:
9780252097539
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252039423.003.0001
Subject:
Society and Culture, Latin American Studies

This book examines how social inequality functions within Peru's transitional justice process by focusing on the gender-based violence that occurred during the internal armed conflict of 1980–2000. ... More


War and the New Millennium

John Yoo

in Point of Attack: Preventive War, International Law, and Global Welfare

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199347735
eISBN:
9780199347742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199347735.003.0001
Subject:
Law, Public International Law

Chapter 1 observes that the nature of war in the twenty-first century has evolved. Wars between nation-states have been fading away, while internal civil wars have exploded. The international system ... More


Imperial Versus Humanitarian Wars

John Yoo

in Point of Attack: Preventive War, International Law, and Global Welfare

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199347735
eISBN:
9780199347742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199347735.003.0002
Subject:
Law, Public International Law

Chapter 2 discusses in greater detail the change in war. It shows that the great majority of deaths in war since WWII have been civilians killed during internal civil wars. It argues that the ... More


Feminist and Human Rights Struggles in Peru: Decolonizing Transitional Justice

Pascha Bueno-Hansen

Published in print:
2015
Published Online:
April 2017
ISBN:
9780252039423
eISBN:
9780252097539
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252039423.001.0001
Subject:
Society and Culture, Latin American Studies

This book elucidates the tension between the promise of transitional justice and persistent social inequality and impunity. In 2001, following a generation of internal armed conflict and ... More


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