The grey zone : civilian protection between human rights and the laws of war /

The grey zone : civilian protection between human rights and the laws of war /

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Bibliographic Details
Imprint:Oxford, UK ; New York, NY : Hart Publishing, 2018.
©2018
Description:xxvi, 448 pages ; 24 cm
Language:English
Subject:
War -- Protection of civilians.
Combatants and noncombatants (International law)
War (International law)
Civilians in war.
Civilian war casualties.
War victims -- Legal status, laws, etc.
War victims -- Civil rights.
Humanitarian law.
Civilian war casualties.
Civilians in war.
Combatants and noncombatants (International law)
Humanitarian law.
War (International law)
War -- Protection of civilians.
War victims -- Civil rights.
War victims -- Legal status, laws, etc.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11685065
Hidden Bibliographic Details
Other authors / contributors:Lattimer, Mark, editor.
Sands, Philippe, 1960- editor.
ISBN:9781509908639
1509908633
Notes:Includes bibliographical references (pages [413]-427) and index.
Summary:The high civilian death toll in protracted conflicts such as those in Syria or Iraq appears to demonstrate how little the international legal order has to offer to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to `an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights that, at least in theory, are intended to protect civilians. But which law or laws apply in a given situation and what are the obstacles to their implementation? How can the law assist civilians injured by new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing but sometimes controversial use of human rights courts to remedy violations of the laws of armed conflict, or by proposals for new instruments or mechanisms of civilian legal protection? This volume brings together contributions from leading academic authorities and legal practitioners to shed light on the situation of civilians in the grey zone between human rights and the laws of war. In Part 1 each chapter considers a key contested or boundary issue in defining the rights of civilians or non-combatants in today's conflicts. Part 2 goes on to assess current and developing legal mechanisms for addressing violations. As military intervention to protect civilians remains highly controversial, this volume looks at the alternative potential for developing a practice of civilian rights protection.
Table of Contents:
  • Preface
  • List of Contributors
  • Table of Cases
  • Table of Treaties and Other International Acts
  • Abbreviations
  • Introduction
  • Part I. Rights
  • 1. Who Is a Civilian? Membership of Opposition Groups and Direct Participation in Hostilities
  • 2. The Duty in International Law to Investigate Civilian Deaths in Armed Conflict
  • 3. Protection by Process: Implementing the Principle of Proportionality in Contemporary Armed Conflicts
  • 4. Regulating Armed Drones and Other Emerging Weapons Technologies
  • 5. The Globalisation of Non-International Armed Conflicts
  • 6. Administrative Detention in Non-International Armed Conflicts
  • 7. The Crime of Rape in Military and Civilian Jurisdictions
  • Part II. Remedies
  • 8. The Right to Reparation for Victims of Armed Conflict
  • 9. Arguing International Humanitarian Law Standards in National Courts-A Spectrum of Expectations
  • 10. The Death of Lex Specialis? Regional Human Rights Mechanisms and the Protection of Civilians in Armed Conflict
  • 11. Extraterritorial Obligations under Human Rights Law
  • 12. What Duties Do Peacekeepers Owe Civilians? Lessons from the Nuhanovic Case
  • 13. Civilian Protection and the Arms Trade Treaty
  • Part III. Developments
  • 14. A Path Towards Greater Respect for International Humanitarian Law
  • 15. The Responsibility to Protect and Non-State Armed Groups
  • 16. Protecting Civilians by Criminalising the Most Serious Forms of the Illegal Use of Force: Activating the International Criminal Court's Jurisdiction over the Crime of Aggression
  • 17. Elements and Innovations in a New Global Treaty on Crimes Against Humanity
  • Bibliography
  • Index

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