By Lawrence Hill-Cawthorne
"International legislation has lengthy differentiated among foreign and non-international armed conflicts, ordinarily regulating the previous way more comprehensively than the latter. this is often rather stark relating to detention, the place the legislations of non-international armed clash comprises no ideas on who will be detained, what procedures has to be supplied to check their detention, and once they needs to be released. provided that non-international armed conflicts at the moment are the commonest type of clash, this is often in particular being concerned, and the results of this were obvious within the detention practices of states equivalent to the U.S. and united kingdom in Iraq and Afghanistan. This e-book offers a accomplished exam of the procedural ideas that practice to detention in non-international armed clash, with the focal point on preventive protection detention, or 'internment'. All appropriate components of foreign legislation, so much particularly overseas humanitarian legislation and foreign human rights legislation, are analysed intimately and the interplay among them explored. The ebook offers an unique account of the connection among the suitable ideas of IHL and IHRL, that is firmly grounded usually overseas legislations scholarship, treating the difficulty as an issue of treaty interpretation. With that during brain, and just about nation perform in particular non-international armed conflicts (including these in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq) it truly is tested that the prevalent and treaty responsibilities of States lower than human rights legislations proceed, absent derogation, to use to detention in non-international armed conflicts. the sensible operation of these principles is then explored intimately. the amount ends with a suite of concrete proposals for constructing the legislation during this zone, in a way that builds upon, instead of replaces, the prevailing responsibilities of States and non-State armed groups"--Book jacket. Read more...
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Additional info for Detention in non-international armed conflict
Notwithstanding developments in IHL, therefore, how an armed conflict is categorized can still have important consequences. 46 J Pejić, ‘Status of Armed Conflicts’ in E Wilmshurst and SC Breau (eds), Perspectives on the ICRC Study on Customary International Humanitarian Law (CUP, Cambridge 2007) 78–9. 47 See, eg, Rome Statute of the International Criminal Court (adopted 17 July 1998, opened for signature 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3 (arts 8(2)(a) and (b) give the Court jurisdiction over specific war crimes committed in international conflicts, whilst the much shorter arts 8(2)(c) and (e) relate to war crimes in non-international conflicts).
1 Overview and Historical Basis Until the adoption of the four Geneva Conventions of 1949,2 the distinction between international and non-international armed conflicts arose from the fact 1 Parts of this chapter were originally published in L Hill-Cawthorne, ‘Humanitarian Law, Human Rights Law and the Bifurcation of Armed Conflict’ (2015) 64 ICLQ 293. 2 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (adopted 12 August 1949, opened for signature 12 August 1949, entered into force 21 October 1950) 75 UNTS 31 (hereinafter ‘GCI’); Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea (adopted 12 August 1949, opened for signature 12 August 1949, entered into force 21 October 1950) 75 UNTS 85 (hereinafter ‘GCII’); Geneva Convention Relative to the Treatment of Prisoners of War (adopted 12 August 1949, opened for signature 12 August 1949, entered into force 21 October 1950) 75 UNTS 135 (hereinafter ‘GCIII’); Geneva Convention Relative to the Protection of Civilian Persons in Time of War (adopted 12 August 1949, opened for signature 12 August 1949, entered into force 21 October 1950) 75 UNTS 287 (hereinafter ‘GCIV’).
27 T Meron, The Humanization of International Law (The Hague Academy of International Law, Martinus Nijhoff, The Hague 2006) 7 (footnotes omitted). Whilst Meron also refers to the prosecution of crimes against humanity, at the time these could only be prosecuted where linked to an inter-state conflict: E Schwelb, ‘Crimes Against Humanity’ (1946) 23 BYIL 178, 207; A Cassese, International Criminal Law (2nd edn, OUP, Oxford 2008) 104. 28 B de Schutter and C Van Der Wyngaert, ‘Coping with Non- International Armed Conflicts: The Borderline Between National and International Law’ (1983) 13 Ga J Intl & Comp L 279, 284 (noting that common Art 3 was the most debated provision at the conference).