International Law and the Classification of Conflicts

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Elizabeth Wilmshurst
OUP Oxford, 2 ago 2012 - 568 pagine
This 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.
 

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Sommario

Table of Cases
List of Abbreviations
List of Contributors
Why does the distinction exist and should it be abolished?
The Nature of War and the Character of Contemporary Armed Conflict
noninternational
Intervention by multinational forces under UN command or authorized by
Extraterritorial conflicts with nonstate armed groups
EUROPEAN COURT OF HUMAN RIGHTS
Iraq 2003 onwards
Lebanon 2006
The War ? against AlQaeda
Classification in Future Conflict
Other issues
Introduction
Al Jedda v The United Kingdom Judgment App No 2702108 7 July 65 92 93 270 275 276 346

Conflict Classification and the Law Applicable to Detention and the Use
Northern Ireland 19681998
The Democratic Republic of the Congo 19932010
Colombia
Afghanistan 20012010
Gaza
Relevant Legal Concepts
Applicable lawan overview
AlSaadoon and Mufdhi v The United Kingdom Judgment App No 100
Brannigan and McBride v The United Kingdom Judgment App No 140
Demopoulos and others v Turkey Decision App No 4611399 et seq 1 351
Turkey Judgment App No 2381894 28 July 1998 104 114
Ilascu and others v Moldova and Russia Judgment App No 4878799 8 345
Copyright

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Informazioni sull'autore (2012)

Elizabeth Wilmshurst CMG is Associate Fellow in International Law, at Chatham House (the Royal Institute of International Affairs) and a visiting professor at University College, London University. She was a legal adviser in the United Kingdom diplomatic service between 1974 and 2003, during which time she was the Legal Adviser to the UK mission to the United Nations in New York between 1994 and 1997. She is a co-author of An Introduction to International Criminal Law and Procedure (2nd ed. Cambridge, 2010) and a co-editor of Perspectives on the ICRC Study on Customary International Humanitarian Law (Cambridge, 2007).

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