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A security measure designed to neutralize threats from an enemy
party, internment is common in warfare. In the context of
internment operations in Afghanistan, Iraq, Guantanamo Bay and the
Democratic Republic of the Congo, and of increasing international
military intervention in internal conflicts more generally, the
legal framework for internment has been widely criticised for being
at best ambiguous and full of loopholes, at worst out-dated and
inadequate.In light of such criticism, this book examines the
continued relevance and adequacy of the existing legal framework,
identifies its shortcomings and proposes possible avenues to remedy
them. It offers answer to fundamental questions such as who may be
lawfully interned in armed conflict, on what legal basis, for what
reasons and for how long. She lays bare significant challenges in
non-international armed conflict, such as the lack of a legal basis
to intern in international humanitarian law and the serious risks
involved in solutions proposed so far to remedy that gap. Indeed,
sole reliance on international human rights law, domestic law or,
alternatively, on the rules on targeting are unsatisfactory and
inappropriate. Heeding calls for the clarification and
modernization of the existing legal framework for internment in
armed conflict, the author puts forward concrete proposals for
normative developments that seek to reconcile both the practical
realities of contemporary armed conflict and significant
developments in international law that affirm the right to liberty
as one of the most fundamental attributes of any human being.
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