Investigating civilian casualties in time of armed conflict and belligerent occupation : manoeuvring between legal regimes and paradigms for the use of force / by Alon Margalit.

Format:

Book

Author/Creator:

Margalit, Alon.

Series:

International Humanitarian Law Series 54.

International humanitarian law series ; v. 54

Language:

English

Subjects (All):

War crimes investigation.

Military occupation.

War--Protection of civilians.

War.

Physical Description:

1 online resource (304 pages).

Place of Publication:

Leiden ; Boston : Brill Nijhoff, 2018.

Summary:

In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.

Contents:

Front Matter

Copyright Page

Contents

Preface

List of Abbreviations

Introduction

The Investigative Response to Civilian Casualties: More Questions Than Answers

Setting the Normative Framework

‘The Trigger Question’: When Do Civilian Casualties Require an Investigation?

‘The Standards Question’: How to Investigate Civilian Casualties?

Translating Investigation Obligations to LOAC Situations

Investigating Civilian Casualties in Practice

Challenges in Classifying and Identifying the Applicable Normative Framework(s)

Investigation Models and Constraints in Domestic Military Justice Systems

Military In-House Investigations and Some Mitigating Arrangements

Civilian Oversight of Military Investigations

Looking Forward

A Proposal for a Permanent Expert Commission

The Duty to Investigate and Shaping the Normative Discourse

Table of Treaties and Other International Instruments

Table of International Cases

Table of Domestic Instruments

Table of Domestic Cases.

Notes:

Based on author's thesis (doctoral - University of London, 2014), issued under title: Investigating civil casualties in times of armed conflict and occupation.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

90-04-36821-3

Publisher Number:

10.1163/9789004368217 DOI