International Law and the Classification of ConflictsElizabeth 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. |
Sommario
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 | |
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International Law and the Classification of Conflicts Elizabeth Wilmshurst Anteprima non disponibile - 2012 |
Parole e frasi comuni
action activities acts Additional Protocol Afghanistan agreement Al-Qaeda appear applicable areas armed forces armed groups Army attacks August authorities belligerent chapter civilians claimed classification clear Colombian combat Common Article concerned conduct considered continued Court criminal customary detained detention determine difficulties direct distinction effective engaged established evidence example existence fact FARC fighting foreign further Gaza Geneva Conventions Georgia ground hostilities human rights law insurgency international armed conflict international humanitarian law international law involved Israel issue killed Lebanon means military nature non-international armed conflict non-state Northern Ireland obligations occupation operations organized participation particular parties period persons PIRA political possible practice President principle problems protection question reasons recognized referred regard relation relevant remains Report resolution respect responsibility result rules Russian Security Security Council situation status territory threshold transfer United violations violence warfare