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The Grey Zone: Civilian Protection Between Human Rights and the Laws of War

Editat de Mark Lattimer, Professor Philippe Sands
en Limba Engleză Hardback – 26 iul 2018
The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today's conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.
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Specificații

ISBN-13: 9781509908639
ISBN-10: 1509908633
Pagini: 480
Dimensiuni: 156 x 234 x 35 mm
Greutate: 0.86 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Brings together the expertise of world-leading scholars to suggest an alternative framework of civilian protection.

Notă biografică

Mark Lattimer is Executive Director of the Ceasefire Centre for Civilian Rights. Philippe Sands QC is Professor of International Law at University College London.


Cuprins

Part I: Rights1. Who Is a Civilian? Membership of Opposition Groups and Direct Participation in Hostilities Emily Crawford2. The Duty in International Law to Investigate Civilian Deaths in Armed Conflict Mark Lattimer3. Protection by Process: Implementing the Principle of Proportionality in Contemporary Armed Conflicts Amichai Cohen4. Regulating Armed Drones and Other Emerging Weapons Technologies Stuart Casey-Maslen5. The Globalisation of Non-International Armed Conflicts Pavle Kilibarda and Gloria Gaggioli6. Administrative Detention in Non-International Armed Conflicts Françoise J Hampson7. The Crime of Rape in Military and Civilian Jurisdictions Lois Moore and Christine Chinkin Part II: Remedies8. The Right to Reparation for Victims of Armed Conflict Carla Ferstman9. Arguing International Humanitarian Law Standards in National Courts-A Spectrum of ExpectationsSharon Weill10. The Death of Lex Specialis? Regional Human Rights Mechanisms and the Protection of Civilians in Armed Conflict Bill Bowring11. Extraterritorial Obligations under Human Rights Law Cedric Ryngaert12. What Duties Do Peacekeepers Owe Civilians? Lessons from the NuhanovicCase Liesbeth Zegveld13. Civilian Protection and the Arms Trade Treaty Blinne Ní Ghrálaigh Part III: Developments14. A Path Towards Greater Respect for International Humanitarian Law Valentin Zellweger and François Voeffray15. The Responsibility to Protect and Non-State Armed Groups Jennifer M Welsh16. Protecting Civilians by Criminalising the Most Serious Forms of the Illegal Use of Force: Activating the International Criminal Court's Jurisdiction over the Crime of Aggression Carrie McDougall17. Elements and Innovations in a New Global Treaty on Crimes Against HumanityLeila Nadya Sadat


Recenzii

This is an important and insightful book. The chapters are of a uniformly high standard and deftly marry rigorous legal analysis with a sure-footed handling of the political complexities that abound in times of war. They combine to make a compelling whole... Anyone interested in contemporary war and the protection of its victims should read it.

Descriere

The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today's conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.