Security detention in international territorial administrations : Kosovo, East Timor, and Iraq /
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| Author / Creator: | Direk, Ömer Faruk, author. |
|---|---|
| Imprint: | Leiden ; Boston : Brill Nijhoff, ©2015. |
| Description: | xix, 250 pages ; 25 cm |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/10390294 |
Table of Contents:
- Preface
- List of Abbreviations
- Table of Treaties and Other Major International Instruments
- Table of Case Law
- 1. Introduction
- 1. Why Examine the Applicability of International Law to Security Detention Issues in the Internationally-administered Territories of Kosovo, East Timor and Iraq?
- 2. The Central Argument of the Book
- 3. The Relevant Complex Legal Questions
- 4. Methodology
- 5. The Structure of the Book
- 2. Responsibility in Peace Support Operations: Revisiting the Proper Test for Attribution of Conduct and the Meaning of the Effective Control Standard
- 1. Introduction
- 2. The Current Legal Framework for Attribution of Conduct in Peace Support Operations
- 3. Revisiting the Proper Test for Attribution of Conduct in Peace Support Operations
- 4. Dual Attribution of Conduct and Plurality of Responsibility in Peace Support Operations
- 5. Conclusion
- 3. Norm Conflict under Security Council Decisions and Human Rights Law
- 1. Introduction
- 2. Internal and External Reviews of Security Council Resolutions
- 3. The Kadi and Yusuf Judgments of the European Court of Justice and the Idea of a Separate Legal Order
- 4. The Al-Jedda Judgment of the UK House of Lords
- 5. Interpretation of the Applicable Security Council Resolutions
- 6. The ECtHR's Response to Norm Conflict Issues in Al-Jedda
- 7. The Stipulation that Clear Language be Used
- 8. Discretion as to the Means of Choice
- 9. Conclusion
- 4. Appraising Extraterritorial Human Eights Obligations in a Post-conflict Environment: Security Detainee Cases in the Context of UN-authorised Military Missions
- 1. Introduction
- 2. The Relationship between jurisdiction and State Responsibility
- 3. Extraterritorial Jurisdiction in Human Rights Law
- 4. The Relationship between the Concept of Jurisdiction in Human Rights Law and Public International Law
- 5. The ECtHR's Approach to Extraterritorial Jurisdiction after Bankovic
- 6. The ECtHR's Judgment in Al-Skeini
- 7. Identifying the Proper Methodology
- 8. Conclusion
- 5. The Complex Relationship between International Humanitarian Law and International Human Rights Law and Its Implications for Security Detention Cases in UN-authorised Security Missions
- 1. Introduction
- 2. The Historical Background of the Relationship between IHL and IHRL
- 3. Developments in the Jurisprudence of International Judicial Bodies
- 4. Positions Adopted in Legal Literature
- 5. A Reflection on the Relationship between IHL and IHRL
- 6. The Interplay between IHL and IHRL in the Context of UN-authorised Missions
- 7. Conclusion
- 6. Security Detention Practices during the International Territorial Administration of Kosovo
- 1. Introduction
- 2. The Background to the Kosovan Case
- 3. Transitional Territorial Administration in International Law
- 4. UNMIK and the Detention of Civilians in Kosovo
- 5. The Compatibility of Security Detention by KFOR with Human Rights Law
- 6. Lessons Learned from Detention Practices in Kosovo
- 7. Conclusion
- 7. Security Detention Practices during the International Territorial Administration of East Timor
- 1. Introduction
- 2. The Background to the East Timorese Case
- 3. The Security Detention Practices of INTERFET and the Law of Occupation
- 4. UNTAET's Security Detention Practices and Human Rights Law
- 5. Conclusion
- 8. Security Detention Practices during the International Territorial Administration of Iraq
- 1. Introduction
- 2. The Background to the Iraqi Case
- 3. The Coalition Provisional Authority and Its Security Detention Policies
- 4. MNF and Its Policy and Practices of Security Detention
- 5. Conclusion: Lessons Learned from Iraq
- 9. Conclusion
- 1. Overview
- 2. Apportionment of Responsibility in UN Peace-Support Operations
- 3. Norm Conflict Issues
- 4. Extraterritorial Application of Human Rights Treaties
- 5. The Relationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL)
- 6. Lessons Learned from Security Detention Practices on the Ground
- 7. The Future of International Territorial Administration
- Bibliography
- Index