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Detention of non-state actors engaged in hostilities : the future law / edited by Gregory Rose, Bruce Oswald.
- Format:
- Book
- Series:
- International humanitarian law series ; Volume 49.
- International Humanitarian Law Series, 1389-6776 ; Volume 49
- Language:
- English
- Subjects (All):
- Non-state actors (International relations)--Congresses.
- Non-state actors (International relations).
- Detention of persons--Congresses.
- Detention of persons.
- Physical Description:
- 1 online resource (451 pages).
- Edition:
- 1st ed.
- Place of Publication:
- Leiden, Netherlands ; Boston, [Massachusetts] : Brill Nijhoff, 2016.
- Language Note:
- English
- Summary:
- Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
- Contents:
- Preliminary Material / Gregory Rose and Bruce Oswald
- Introduction / Gregory Rose and Bruce Oswald
- Convergence of Norms across the Spectrum of Armed Conflicts: International Humanitarian and Human Rights Law / Emily Crawford
- The Limitations of Legal Reasoning: Negotiating the Relationships between International Humanitarian Law and Human Rights Law in Detention Situations / Sarah McCosker
- The Convergence of Violence around a Norm: Direct Participation in Hostilities and Its Significance for Detention Standards in Non-International Armed Conflict / Jody M. Prescott
- Reimagining the Wheel: Detention and Release of Non-State Actors under the Geneva Conventions / Chris Jenks
- The Coalition Provisional Authority for Iraq, 2004–2008: Transitioning from Administrative Internment to Criminal Justice-Based Detention Operations / Angeline Lewis
- Australian Detention Operations in Afghanistan: Practices and Challenges / Paul A. Cronan
- Detention in British International Military Operations / Linda Dann
- An Indian Perspective on Detention of Non-State Actors Engaged in Hostilities / B.V. Kumar
- Preventive Detention for National Security Purposes: The Three Facets of the Israeli Experience / Dvir Saar and Ben Wahlhaus
- U.S. Detention of Terrorists in the 21st Century / William K. Lietzau
- nato Responsibility for Detention / Mark Dakers
- Information and Notification Concerning Detention in Non-International Armed Conflicts / Bruce “Ossie” Oswald
- The Copenhagen Process Principles and Guidelines for Detention – Legal and Political Challenges / Thomas Winkler
- Detention in United Nations Peace Operations / Katarina Grenfell
- Management of Detention of Non-State Actors Engaged in Hostilities: Recommendations for Future Law / Gregory Rose
- Geneva Convention iii Relative to the Treatment of Prisoners of War, Article 4 / Gregory Rose and Bruce Oswald
- Convention iv Relative to the Protection of Civilians / Gregory Rose and Bruce Oswald
- Additional Protocol i to the Geneva Conventions / Gregory Rose and Bruce Oswald
- Geneva Conventions, Common Article 3 / Gregory Rose and Bruce Oswald
- Additional Protocol ii to the Geneva Conventions / Gregory Rose and Bruce Oswald
- 32nd International Conference of the Red Cross and Red Crescent / Gregory Rose and Bruce Oswald
- Index / Gregory Rose and Bruce Oswald.
- Notes:
- "This book is an outcome from an international conference held in Wollongong, Australia, in December 2011."
- Includes bibliographical references at the end of each chapters and index.
- Description based on print version record.
- ISBN:
- 90-04-31064-9
- Publisher Number:
- 10.1163/9789004310643 DOI
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