Unravelling Unlawful Confinement in Contemporary Armed Conflicts


Book Description

International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.




Unravelling Unlawful Confinement in Contemporary Armed Conflicts


Book Description

"It is generally accepted that detention in armed conflicts is an inevitable security measure that all warring parties use extensively in their daily operations. In such violent contexts, the legal protection afforded to detainees may be lifesaving. International humanitarian law (IHL) treaties recognise this reality in international armed conflicts by incorporating safeguards from unlawful and arbitrary detention in formulated legal grounds and procedural guarantees that the detaining powers are obliged to follow. The same guarantees are, however, not afforded to people affected by non-international armed conflicts under IHL. Instead, in the absence of a clearly defined international normative framework, security detention remains among the least regulated aspects of military behaviour in this type of armed conflict"--




Conceptualising Arbitrary Detention


Book Description

Available open access digitally under CC-BY-NC-ND licence. This book examines how governments misuse detention to abuse power, suppress dissent and maintain social hierarchies. Proposing solutions for future policy, this is a call for greater respect for the rule of law and human rights.




The Politics of International Criminal Law


Book Description

The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.




Moral Dilemmas of Modern War


Book Description

A practical guide for policy makers, military officers, students, and anyone else interested in asymmetric conflicts.




Human Rights and International Criminal Law


Book Description

The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.




World Development Report 2011


Book Description

The 2011 WDR on Conflict, Security and Development underlines the devastating impact of persistent conflict on a country or region's development prospects - noting that the 1.5 billion people living in conflict-affected areas are twice as likely to be in poverty. Its goal is to contribute concrete, practical suggestions on conflict and fragility.




The Conflict in Syria and the Failure of International Law to Protect People Globally


Book Description

This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.




Regions and Powers


Book Description

This book develops the idea that since decolonisation, regional patterns of security have become more prominent in international politics. The authors combine an operational theory of regional security with an empirical application across the whole of the international system. Individual chapters cover Africa, the Balkans, CIS Europe, East Asia, EU Europe, the Middle East, North America, South America, and South Asia. The main focus is on the post-Cold War period, but the history of each regional security complex is traced back to its beginnings. By relating the regional dynamics of security to current debates about the global power structure, the authors unfold a distinctive interpretation of post-Cold War international security, avoiding both the extreme oversimplifications of the unipolar view, and the extreme deterritorialisations of many globalist visions of a new world disorder. Their framework brings out the radical diversity of security dynamics in different parts of the world.




Asia-Pacific Perspectives on International Humanitarian Law


Book Description

Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.