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Detention in Non-International Armed Conflict


ISBN13: 9780198749929
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £86.00
Paperback edition , ISBN13 9780198843092



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International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released.

Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan.

This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored.

The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation.

With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts.

The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction
PART I: CONTEXT
1. The Distinction between International and Non-International Armed Conflicts
PART II: INTERNATIONAL HUMANITARIAN LAW
2. Detention in International Armed Conflict
3. Detention in Non-International Armed Conflict
PART III: INTERNATIONAL HUMAN RIGHTS LAW
4. Detention under International Human Rights Law
5. Detention and the Relationship between IHL and IHRL
6. Practical Application of IHRL to Detention in Non-International Armed Conflict
PART IV: DEVELOPING THE LAW
7. Developing a Detention Regime for Non-International Armed Conflicts

Series: Oxford Monographs in International Humanitarian & Criminal Law 

Doing Justice to History: Confronting the Past in International Criminal Courts ISBN 9780198846871
Published March 2021
Oxford University Press
£80.00
Detention in Non-International Armed Conflict ISBN 9780198843092
Published April 2020
Oxford University Press
£24.99
Rules of Engagement and the International Law of Military Operations ISBN 9780198853886
Published February 2020
Oxford University Press
£80.00
To Serve the Enemy: Informers, Collaborators, and the Laws of Armed Conflict ISBN 9780198788898
Published October 2019
Oxford University Press
£80.00
Internationalized Armed Conflicts in International Law ISBN 9780198819868
Published July 2018
Oxford University Press
£74.00
The Law of Maritime Blockade: Past, Present, and Future ISBN 9780198808435
Published December 2017
Oxford University Press
£89.00
Fairness in International Criminal Trials (eBook) ISBN 9780191060410
Published January 2016
Oxford University Press
£81.00
(ePub)
Buy
Fairness in International Criminal Trials ISBN 9780198739814
Published January 2016
Oxford University Press
£100.00
The Special Tribunal for Lebanon: Law and Practice ISBN 9780199687459
Published March 2014
Oxford University Press
£105.00
The Special Tribunal for Lebanon: Law and Practice (eBook) ISBN 9780191511165
Published March 2014
Oxford University Press
£95.00
(ePub)
Buy
Rwanda's Gacaca Courts: Between Retribution and Reparation ISBN 9780199694471
Published January 2012
Oxford University Press
£115.00
Rwanda's Gacaca Courts: Between Retribution and Reparation (eBook) ISBN 9780191627590
Published January 2012
Oxford University Press
£105.00
(ePub)
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