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Books > Social sciences > Politics & government > Political activism > Armed conflict
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Detention in Non-International Armed Conflict (Hardcover)
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Detention in Non-International Armed Conflict (Hardcover)
Series: Oxford Monographs in International Humanitarian & Criminal Law
Expected to ship within 9 - 17 working days
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International law has long differentiated between international and
non-international armed conflicts, traditionally regulating the
former far more comprehensively than the latter. This is
particularly stark in the case of detention, where the law of
non-international armed conflict contains no rules on who may be
detained, what processes must be provided to review their
detention, and when they must be released. Given that
non-international armed conflicts are now the most common form of
conflict, this is especially worrying, and the consequences of this
have been seen in the detention practices of states such as the US
and UK in Iraq and Afghanistan. This book provides a comprehensive
examination of the procedural rules that apply to detention in
non-international armed conflict, with the focus on preventive
security detention, or 'internment'. All relevant areas of
international law, most notably international humanitarian law and
international human rights law, are analysed in detail and the
interaction between them explored. The book gives an original
account of the relationship between the relevant rules of IHL and
IHRL, which is firmly grounded in general international law
scholarship, treating the issue as a matter of treaty
interpretation. With that in mind, and with reference to State
practice in specific non-international armed conflicts - including
those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is
demonstrated that the customary and treaty obligations of States
under human rights law continue, absent derogation, to apply to
detention in non-international armed conflicts. The practical
operation of those rules is then explored in detail. The volume
ends with a set of concrete proposals for developing the law in
this area, in a manner that builds upon, rather than replaces, the
existing obligations of States and non-State armed groups.
General
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