Suchergebnisse

The United States administration's policy of detaining 'unlawful enemy combatants' at the United States military base in Guantánamo Bay falls short of international and domestic law standards. The problem in the authors' view is not that the United States has decided to designate those captured on the battlefield in Afghanistan as 'unlawful combatants' who (allegedly) fall outside the scope of international humanitarian law. International humanitarian law has long recognized the existence of such a category. The problem is rather that international humanitarian law has been sporadically and selectively applied and in many respects has been ignored or violated with respect to the detainees held in Guantánamo and elsewhere within the context of the 'war on terror'. In its recent judgements in Hamdi v. Rumsfeld, Rumsfeld v. Bush and Rasul v. Bush the United States Supreme Court has not passed an unambiguous and clear judgement on the United States policy towards unlawful enemy combatants. The Court may have rejected the executive's claim that it has the authority to incarcerate people suspected of terrorist connections without any judicial review, the three decisions have not imposed on the executive a clear framework governing the detention of alleged terrorists. The Court has upheld the government's power to hold 'enemy combatants' according to standards that fall short of the requirements of the Geneva Conventions. Moreover, the due process protection granted to those challenging their status as' enemy combatant' is so deferential to the executive that it could render review virtually insignificant.

Part I. Expert Manuals -- Chapter 1. Law of Armed Conflicts Manuals -- Chapter 2. A Room Full of Experts: Expert Manuals and Their Influence on the Development of International Law -- Chapter 3. The Leuven Manual on the International Law Applicable to Peace Operations: An Ambitious Sui Generis Expert Panel Manual with Time on Its Side? -- Part II. Other Articles -- Chapter 4. Examining a Norm of Customary International Law that Criminalises the Intentional Use of Starvation of the Civilian Population as a Method of Warfare -- Chapter 5. Does International Law Permit the Provision of Humanitarian Assistance Without Host State Consent? Territorial Integrity, Necessity and the Determinative Function of the General Assembly -- Chapter 6. Article 36: Review of AI Decision-Support Systems and Other Emerging Technologies of Warfare -- Part III. Year in Review -- Chapter 7. Year in Review 2020 -- Table of Cases -- Index.

The general theme of this volume of the Yearbook of International Humanitarian Law is armed groups and the challenges arising from the participation of such groups in contemporary armed conflicts. It is elaborated upon in several chapters, addressing the organisation criterion, respect for and compliance with international humanitarian law and international human rights law, targeted sanctions and accountability issues, among other things. Besides these chapters that can be connected to the general theme, the book also contains a chapter dedicated to the 'knock on the roof ' practice, a Year in Review, describing the most important events and legal developments that took place in 2016, as well as the final report from the ILA Study Group 'The Conduct of Hostilities Under International Humanitarian Law - Challenges of 21st Century Warfare'. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.--

The Leuven Manual is the authoritative, comprehensive overview of the rules that are to be followed in peace operations conducted by the United Nations, the European Union, NATO, the African Union and other organisations, with detailed commentary on best practice in relation to those rules. Topics covered include human rights, humanitarian law, gender aspects, the use of force and detention by peacekeepers, the protection of civilians, and the relevance of the laws of the host State. The international group of expert authors includes leading academics, together with military officers and policy officials with practical experience in contemporary peace operations, supported in an individual capacity by input from experts working for the UN, the African Union, NATO, and the International Committee of the Red Cross. This volume is intended to be of assistance to states and international organisations involved in the planning and conduct of peace operations, and practitioners and academia