International humanitarian law and non-state actors : debates, law and practice /

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Bibliographic Details
Imprint:The Hague : T.M.C. Asser Press, ©2020.
Description:xiii, 451 pages : illustrations ; 25 cm.
Language:English
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12033384
Hidden Bibliographic Details
Other authors / contributors:Heffes, Ezequiel, editor.
Kotlik, Marcos D., editor.
Ventura, Manuel J., editor.
ISBN:9789462653382
9462653380
Notes:Includes bibliographical references.
Summary:This book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
Table of Contents:
  • The functions and interactions of non-state actors in the realm of international humanitarian law / Ezequiel Heffes, Marcos D. Kotlik, Manual J. Ventura
  • What are "armed non-state actors"? A legal and semantic approach / Annyssa Bellal
  • Beyond banning mercenaries: the use of private military and security companies under IHL / Martina Gasser, Mareva Malzacher
  • The legal protection of personnel of United Nations peacekeeping operations in times of NIAC / Keiichiro Okimoto
  • Chemical weapons and non-state actors / Yasmin Naqvi, Olufemi Elias
  • Automatic criminal liability for unlawful confinement (imprisonment) as a war crime? A potential consequence of denying non-state armed groups the power to detain in NIACs / Manuel J. Ventura
  • Detention by non-state armed groups in NIACs: IHL, international human rights law and the question of the right authority / Frédéric Mégret
  • Human rights obligations of non-state armed groups: an assessment based on recent practice / Jean Marie Henckaerts, Cornelius Wiesener
  • Post-conflict justice: extending international criminal responsibility to non-state entities / Ilya Nuzov
  • Uses of IHL by the International Court of Justice: a critical approach towards its role in the international legal arena / Brian E. Frenkel, Sebastián A. Green Martínez, Nahuel Maisley
  • The development of IHL by human rights bodies / Gerd Oberleitner
  • Targeting members of non-state armed groups in NIACs: an attempt to reconcile international human rights law with IHL's (de facto) status-based targeting / Nader I. Diab
  • Generating respect for the law by non-state armed groups: the ICRC's role and activities / Anne Quintin, Marie-Louise Tougas
  • Compliance with humanitarian rules on the protection of children by non-state armed groups: the UN's managerial approach / Marcos D. Kotlik
  • Non-state actors engaging non-state actors: the experience of Geneva Call in NIACs / Ezequiel Heffes.