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Author: Narissa Kashvi Ramsundar
Publisher:
Published: 2020
Total Pages: 0
ISBN-13: 9789004408432
DOWNLOAD EBOOKState Responsibility for the Support of Armed Groups in the Commission of International Crimes makes a case for the liberalisation of the tests of attribution of conduct of individuals to states under the rules of state responsibility in international law.
Author: Tilman Rodenhäuser
Publisher: Oxford University Press
Published: 2018
Total Pages: 401
ISBN-13: 0198821948
DOWNLOAD EBOOKThe number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.
Author: Eve Massingham
Publisher: Routledge
Published: 2020-07-20
Total Pages: 233
ISBN-13: 0429588755
DOWNLOAD EBOOKThis book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.
Author: Narissa Ramsundar
Publisher: BRILL
Published: 2020-04-14
Total Pages: 261
ISBN-13: 9004408452
DOWNLOAD EBOOKState Responsibility for the Support of Armed Groups in the Commission of International Crimes examines the law on attribution of conduct of individuals to states. Under established principles of international law, State responsibility only arises where armed groups act under the direction or control of the State, or are completely dependent on the State. These tests are under inclusive as they do not consider the different ways states can exert control over armed groups in the commission of international crimes. Ramsundar presents an interesting examination into the possibility of liberalization of the rules of State responsibility. The examination considers subtle ways states can exert control over armed groups in the commission of international crimes. Her proposal presents a compelling argument for widening the scope of responsibility to states through useful modifications to interpretation of the tests of control and dependence.
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
Published: 2012-08-02
Total Pages: 568
ISBN-13: 0191632236
DOWNLOAD EBOOKThis book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: Haidi Willmot
Publisher: Oxford University Press
Published: 2016
Total Pages: 497
ISBN-13: 019872926X
DOWNLOAD EBOOKThe protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.
Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
Published: 2001
Total Pages: 432
ISBN-13: 9780889369634
DOWNLOAD EBOOKResponsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Author: M. Cherif Bassiouni
Publisher: Martinus Nijhoff Publishers
Published: 2013
Total Pages: 1259
ISBN-13: 9004186441
DOWNLOAD EBOOKThis title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
Author: René Provost
Publisher: Routledge
Published: 2017-03-02
Total Pages: 589
ISBN-13: 1351898035
DOWNLOAD EBOOKIn the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.
Author: Paul Behrens
Publisher: Routledge
Published: 2013-05-07
Total Pages: 310
ISBN-13: 1136168559
DOWNLOAD EBOOKElements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
