The Right To Life In Armed Conflict

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The application of the right to life during armed conflict is an issue that polarizes opinion and generates considerable debate. Many believe that human rights law has no place in armed conflict, yet the European Court of Human Rights, and domestic courts, have ruled that it can apply. The exact contours of how the right to life applies during armed conflict remain largely unresolved. In this text, Ian Park seeks to clearly articulate the right to life obligations of states during both international and non-international armed conflict in respect of those individuals affected by the actions of states' armed forces and members of the armed forces themselves. In determining the right to life obligations of states, Park identifies the sources of law from which right to life obligations arise, how case law has developed and modified these obligations, and analyses how the law creates obligations in practice. Implicit in this analysis is a consideration of recent armed conflicts, and the actions of states, that lead to a series of concrete proposals designed to best ensure compliance with a state's right to life obligations.

Product Details :

Genre : Law
Author : Ian Park
Publisher : Oxford University Press
Release : 2018-02-02
File : 273 Pages
ISBN-13 : 9780192554475


The Oxford Handbook Of International Law In Armed Conflict

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Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.

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Genre : Law
Author : Andrew Clapham
Publisher : OUP Oxford
Release : 2014-03-13
File : 1008 Pages
ISBN-13 : 9780191632686


The Right To Life Under International Law

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Offers the first-ever comprehensive treatment under international law of the foundational human right to life.

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Genre : Law
Author : Stuart Casey-Maslen
Publisher :
Release : 2021-09-23
File : 795 Pages
ISBN-13 : 9781108494786


Human Rights In Armed Conflict

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A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

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Genre : History
Author : Gerd Oberleitner
Publisher : Cambridge University Press
Release : 2015-03-05
File : 433 Pages
ISBN-13 : 9781107087545


Practitioners Guide To Human Rights Law In Armed Conflict

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Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.

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Genre : Law
Author : Daragh Murray
Publisher : Oxford University Press
Release : 2016-11-17
File : 423 Pages
ISBN-13 : 9780192508928


Theoretical Boundaries Of Armed Conflict And Human Rights

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A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.

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Genre : Law
Author : Jens David Ohlin
Publisher : Cambridge University Press
Release : 2016-08-04
File : 417 Pages
ISBN-13 : 9781107137936


Bioethics And Armed Conflict

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An analysis of medical ethics during war and the inherent conflict between the principles of bioethics and the morally legitimate but competing demands of military necessity.

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Genre : History
Author : Michael Gross
Publisher : MIT Press
Release : 2006-06-16
File : 401 Pages
ISBN-13 : 9780262572262


Israel Yearbook On Human Rights Volume 46 2016

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The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

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Genre : Law
Author : Yoram Dinstein
Publisher : BRILL
Release : 2016-11-01
File : 370 Pages
ISBN-13 : 9789004331181


The Law Of War

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The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain 'intrinsic' rules in the Law of War, such as rules giving individuals the right to be spared genocide, torture, slavery and, at least nowadays, apartheid and assure them basic democratic rights.

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Genre : Political Science
Author : Ingrid Detter De Lupis
Publisher : Ashgate Publishing, Ltd.
Release : 2013
File : 569 Pages
ISBN-13 : 9781409464983


The Law Of Armed Conflict And The Use Of Force

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This volume collects articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, to facilitate easy access to content from the leading reference work in international law.

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Genre : Law
Author : Frauke Lachenmann
Publisher : Oxford University Press
Release : 2017
File : 1473 Pages
ISBN-13 : 9780198784623