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Vol 21 No 10 Oct/Nov 2016

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Protecting Civilians: Obligations of Troops in International Law

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ISBN13: 9780199533879
Published: February 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £82.00



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This book examines the obligations of troops to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It analyses the duty to intervene to stop the commission of serious abuses of human rights by analysing the meaning and practical consequences for troops, in terms of civilian protection, of the Article 1 duty to respect and ensure respect for the Geneva Conventions; of the duty to secure human rights (found in most international human rights treaties); and of the duty to restore law and order in an occupation.

The book also analyzes the extent of troops' obligations to provide protection in light of various different operational and legal contexts in and discusses 'grey areas' and lacuna of coverage. A discussion of whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights follows; and the book concludes by offering some guidelines for troops faced with such violations.

  • Highly topical analysis of international human rights law and international humanitarian law in the context of occupation law and peace support
  • Interdisciplinary analysis of a difficult issue, cutting across international law, international relations, the rules of armed conflict, and the Geneva Conventions
  • Offers a completely up to date account of key military operations both prior to the responsibility to protect policy, and after its adoption, including the most recent MONUC and AMIS/UNMIS operations

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Subjects:
Human Rights and Civil Liberties
Contents:
Table of Cases
Tables of Treaties
Tables of UN Resolutions
Abbreviations
Introduction
1. The Changing Nature of Peacekeeping and the Development of the Concept of the 'International Responsibility to Protect'
Part I: The Responsibility to Protect
2. The Extent to Which Military Forces have a 'Responsibility to Protect' under International Humanitarian Law
3. The Extent to Which Military Forces have a 'Responsibility to Protect' under International Human Rights Law
Part II: The Applicability of Occupation Law
4. The Applicability of Occupation Law to Peace Support and Other Multi-national Operations
5. Conclusion