The Impact Of Human Rights Law On Armed Forces

Author: Peter Rowe
Publisher: Cambridge University Press
ISBN: 1139448323
Size: 16.28 MB
Format: PDF, Mobi
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The Impact Of Human Rights Law On Armed Forces from the Author: Peter Rowe. This book considers those aspects of human rights law which may become relevant to the activities of armed forces whether they remain in barracks, undertake training or are deployed in military operations within their own state or outside it. The unique nature of military service and of military courts gives rise to human rights issues in respect both of civilians and soldiers, whether volunteers or conscripts, who find themselves before these courts. Rowe examines these issues as well as the application of international humanitarian law alongside the human rights obligations of the state when forces are training for and involved in armed conflict; where armed forces are deployed in situations of civil disorder; and where states contribute armed forces to multinational forces. An invaluable resource for scholars in human rights, international law and military studies, and anyone concerned with policy relevant to the armed forces.

Contemporary Challenges To The Laws Of War

Author: Caroline Harvey
Publisher: Cambridge University Press
ISBN: 1107063558
Size: 34.24 MB
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Contemporary Challenges To The Laws Of War from the Author: Caroline Harvey. This book brings together leading experts to explore contemporary issues facing the laws of war.

House Of Commons Defence Committee Uk Armed Forces Personnel And The Legal Framework For Future Operations Hc 931

Author: Great Britain: Parliament: House of Commons: Defence Committee
Publisher: The Stationery Office
ISBN: 9780215070654
Size: 26.84 MB
Format: PDF, Kindle
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House Of Commons Defence Committee Uk Armed Forces Personnel And The Legal Framework For Future Operations Hc 931 from the Author: Great Britain: Parliament: House of Commons: Defence Committee. UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.

Routledge Handbook Of The Law Of Armed Conflict

Author: Rain Liivoja
Publisher: Routledge
ISBN: 1136028889
Size: 39.63 MB
Format: PDF
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Routledge Handbook Of The Law Of Armed Conflict from the Author: Rain Liivoja. The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

The Emergence Of Private Military Firms And Their Impact On Global Human Rights

Author: Tanay Nandi
Publisher: GRIN Verlag
ISBN: 3640613686
Size: 52.33 MB
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The Emergence Of Private Military Firms And Their Impact On Global Human Rights from the Author: Tanay Nandi. Research Paper from the year 2010 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, National Law University, course: BSc LLB (Hons.), language: English, abstract: International law has generally been considered by the students of law as a subject with little practical relevance. However, the importance of international law in legal practice is increasingly being recognized in recent years. This may, in great measure, be attributed to the impact of globalization. Great strides in the field of commerce, technology and communication make one doubt whether transnational boundaries are going to disappear. Environmental concerns and human rights issues really transcend state borders and assume global dimensions. International law and international institutions have to play a dynamic role in response to the new challenges. In current situation, the study of international law can no more remain uninspiring. Arising out of the dying embers of the Cold War, private military firms (PMFs) market their military force and skills primarily to decolonialized States, countries overrun with domestic conflict and unable to provide effectively for their own security needs. As a result, PMFs amass unchecked power to affect conflict resolution, world economic stability, and geo-strategic negotiations. Indeed, as corporations become larger--both economically and politically--corporate managers increasingly engage in decision-making traditionally exercised by politicians. The decentralization of international security from state-organized militaries not only threatens the traditional Westphalian model of state-monopolized force, but also accentuates the inability of international law to hold private actors accountable for their unchecked violation of basic human rights in conflict ridden regions.

Human Rights In Changing Times

Author: G. P. Agarwal
Publisher: Cambridge Scholars Publishing
ISBN: 144386157X
Size: 23.72 MB
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Human Rights In Changing Times from the Author: G. P. Agarwal. This book is an outcome of a two-day international conference convened to discuss the changing notion of human rights from different perspectives. While focusing on the increasing relevance of human rights in an era of globalization, the book analyses the various legal-political, socio-economic, gender, ecological and international dimensions of this issue. From the large number of papers presented at the conference, sixteen articles have been selected for this volume. These are presented in four parts: namely, politico-legal, socio-economic, ecological and gender, and the transnational. The introductory section presents the major issues and concerns highlighted by the editors and carries the keynote address by Professor Yogesh Atal. Written by both young and veteran social scientists, the book presents a unique combination of theoretical and practical studies of human rights in comparative perspectives. The book will attract readership from the academe, human rights activists, and the concerned citizenry, and will be useful to students of law, political science, public administration, and sociology.

Ensuring And Enforcing Human Security

Author: Ulf Häussler
Size: 65.78 MB
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Ensuring And Enforcing Human Security from the Author: Ulf Häussler. The progressive development of international peace operatiuons calls for continuous legal and policy review. Ulf Haubler succeeds in assessing recent changes in peace missions and their underlying legal framework. He describes the requirements for comprehensive mandates and also loks into the limits of authority, as defined in principles and rules of human rights and international humanitarian law.

Ethics Law And Military Operations

Author: David Whetham
Publisher: Palgrave Macmillan
ISBN: 1137063815
Size: 27.73 MB
Format: PDF
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Ethics Law And Military Operations from the Author: David Whetham. Public anger at perceived ethical and legal failures in recent wars has reinforced the importance of understanding military ethics. Ethics, Law and Military Operations is one of the first texts to examine both the ethical and the legal considerations of contemporary military conflict. It adopts a practical approach to explore the ways in which legal and normative issues combine to affect the entire spectrum of military operations, from high-intensity conflict to peacekeeping activities and the provision of humanitarian aid. With an operational perspective in mind, this text delivers accessible frameworks for evaluating and applying fundamental legal and ethical concepts. Written by an international team of military practitioners and academics, this book provides interdisciplinary insights into the major issues facing military decision-makers. The first half of the book explores the ethical and legal underpinnings of warfare. Later chapters use case studies to examine specific issues in the contemporary operating environment.

The Human Rights Treaty Obligations Of Peacekeepers

Author: Kjetil Mujezinović Larsen
Publisher: Cambridge University Press
ISBN: 113951069X
Size: 34.82 MB
Format: PDF, ePub, Docs
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The Human Rights Treaty Obligations Of Peacekeepers from the Author: Kjetil Mujezinović Larsen. Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces.