This book responds to ongoing calls for clarification and consensus
regarding the meaning, scope and interplay of humanitarian law and
human rights law in the 'grey zones' of unconventional operational
environments such as counterterrorism and counterinsurgency
operations. It contributes to the debate in this area by developing
objective criteria for determining where the shift from the legal
framework of law enforcement to that of non-international armed
conflict occurs in relation to targeting law and weaponry law; by
developing improved objective criteria for determining what
constitutes direct participation in hostilities and de facto
membership in an organised armed group; by taking stock of how
existing targeting and weaponry rules are being applied to
unconventional conflicts within civilian populated areas by key
state players as well as by international and regional human rights
mechanisms; by arguing for the progressive realisation of targeting
and weaponry law so that they are more fitting for operational
environments that are increasingly urbanised and civilianised; by
seeking to understand how global networked connectivity may affect
our understanding of the operational theatre of war and the
geographical reach of the legal framework of non-international
armed conflict.
General
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