Download or read book The Transfer of Conflict Related Detainees written by Maral Kashgar and published by Nomos Verlag. This book was released on 2022-09-14 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.
Download or read book Torture transfers and denial of due process written by Afghanistan Independent Human Rights Commission (AIHRC) and published by . This book was released on 2012 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report, published jointly by the Afghanistan Independent Human Rights Commission (AIHRC) and the Open Society Foundations, documents evidence of torture of conflict-related detainees by Afghanistan's National Directorate of Security (NDS), Afghanistan's intelligence agency, and the Afghan National Police (ANP). The report found credible evidence of torture at nine separate NDS facilities and a number of ANP locations, including beatings, suspension, electric shocks, and threats of physical violence and sexual abuse, which were routinely used to obtain confessions and other information. The report also details systematic violations of due process, and a persistent failure to hold Afghan officials accountable for abuse. The AIHRC and Open Society also documented cases in which U.S. transferred detainees were subjected to torture by NDS officials. The report calls on the Afghan government to fully investigate allegations of abuse, hold those responsible accountable, and ensure that AIHRC monitors have full, unfettered access to all detention facilities. The report also recommends that the ISAF and the United States ensure no detainees are transferred to Afghan detention facilities where they face a real risk of torture and that all U.S. forces in Afghanistan are subject to ISAF detainee transfer policies and monitoring.
Download or read book Torture Transfers and Denial of Due Process written by Afghanistan Independent Human Rights Commission (AIHRC) and published by . This book was released on 2012 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report, published jointly by the Afghanistan Independent Human Rights Commission (AIHRC) and the Open Society Foundations, documents evidence of torture of conflict-related detainees by Afghanistan's National Directorate of Security (NDS), Afghanistan's intelligence agency, and the Afghan National Police (ANP). The report found credible evidence of torture at nine separate NDS facilities and a number of ANP locations, including beatings, suspension, electric shocks, and threats of physical violence and sexual abuse, which were routinely used to obtain confessions and other information. The report also details systematic violations of due process, and a persistent failure to hold Afghan officials accountable for abuse. The AIHRC and Open Society also documented cases in which U.S. transferred detainees were subjected to torture by NDS officials. The report calls on the Afghan government to fully investigate allegations of abuse, hold those responsible accountable, and ensure that AIHRC monitors have full, unfettered access to all detention facilities. The report also recommends that the ISAF and the United States ensure no detainees are transferred to Afghan detention facilities where they face a real risk of torture and that all U.S. forces in Afghanistan are subject to ISAF detainee transfer policies and monitoring.
Download or read book Detention of Non State Actors Engaged in Hostilities written by Gregory Rose and published by BRILL. This book was released on 2016-08-01 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Treatment of Conflict Related Detainees in Afghan Custody written by Jan Kubis and published by . This book was released on 2013-02-22 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Treatment of Conflict related Detainees in Afghan Custody written by and published by . This book was released on 2011 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through its detention observation, UNAMA found a compelling pattern and practice of systematic torture and ill-treatment at a number of NDS and ANP detention facilities. In many other facilities, UNAMA identified practices and documented allegations of abuse that raise serious concerns about the possible use of torture and ill-treatment. These allegations require further investigation and prompt action by all concerned. Use of interrogation methods, including suspension, beatings, electric shock, stress positions, and threatened sexual assault is unacceptable by any standard of international human rights law, Afghan law and professional standards for security forces. In particular, the abuses found against children in custody are a clear indication that NDS and ANP should undertake urgent reforms to ensure proper oversight and accountability within their ranks. To improve their human rights records and meet their human rights obligations, the NDS and the ANP should undertake serious systemic reform and cease any use of torture and ill-treatment. Internal education is needed to ensure that all NDS and ANP officials understand what constitutes torture, know that using such methods is illegal under the Constitution, criminal laws and international law and that any official using or condoning such practices will be prosecuted and disciplined. International support and assistance could play a key role. Decisions to provide donor support should be based on NDS and ANP taking concerted action to cease torture and abusive interrogation practices accompanied by appropriate safeguards. The provision of training in non-coercive interviewing techniques, modern prison management and administration and a basic understanding of national legal norms and international standards relating to prohibitions of torture and respect for legal safeguards and due process rights are essential to assisting NDS and ANP to move forward with institutional reform and modernization. In the context of transition of lead security responsibility from international military forces to ANSF, the imperative to ensure that NDS or ANP do not abuse detainees or provoke local grievance through mistreatment or arbitrary detention is particularly important.
Download or read book The Treatment of Prisoners Under International Law written by Nigel Rodley and published by Oxford University Press on Demand. This book was released on 2009-08-13 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.
Download or read book Treatment of Conflict Related Detainees in Afghan Custody written by United Nations Assistance Mission to Afghanistan and published by . This book was released on 2011 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unravelling Unlawful Confinement in Contemporary Armed Conflicts written by Jelena Plamenac and published by International Humanitarian Law. This book was released on 2021-12-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It is generally accepted that detention in armed conflicts is an inevitable security measure that all warring parties use extensively in their daily operations. In such violent contexts, the legal protection afforded to detainees may be lifesaving. International humanitarian law (IHL) treaties recognise this reality in international armed conflicts by incorporating safeguards from unlawful and arbitrary detention in formulated legal grounds and procedural guarantees that the detaining powers are obliged to follow. The same guarantees are, however, not afforded to people affected by non-international armed conflicts under IHL. Instead, in the absence of a clearly defined international normative framework, security detention remains among the least regulated aspects of military behaviour in this type of armed conflict"--
Download or read book Treatment of Conflict related Detainees in Afghan Custody written by and published by . This book was released on 2011 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Afghanistan's security and intelligence forces continue using abusive interrogation techniques, including torture, with detainees, according to an investigation by the United Nations. Results of the findings, detailed in this report, suggest the police are increasing their use of such techniques.
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Download or read book Imagining Justice for Syria written by Beth Van Schaack and published by Oxford University Press, USA. This book was released on 2020 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The situation in Syria poses an acute-some might say existential-challenge to the international community's commitment to justice and accountability. It also marks the abject failure of the international system of peace and security erected in the post-World War II period. The Security Council has been almost entirely incapacitated by the propensity of Russia to wield its veto against nearly every coercive measure of any consequence, including legal accountability, that might be imposed on the regime of Syrian President Bashar Al-Assad. As a result, other actors, within and outside of the United Nations, have endeavored to find inventive ways around this geopolitical impasse. This forced creativity has generated a number of innovative institutions, legal arguments, and investigative techniques aimed at advancing justice and accountability for Syria, wherever possible. This book catalogues the many obstacles to this pursuit of justice for Syria and analyzes ways today's justice entrepreneurs have worked to find paths around them. The book's subtitle-Water Always Finds Its Way-reflects this idea that the quest for justice is inexorable. Just as water eventually finds its way through cracks and around obstacles, even if at a trickle, so too will justice. Virtually every international crime that forms part of the international penal code-a mélange of customary international law and treaty provisions-has been committed in and around Syria. The Syrian people have witnessed and been subjected to deliberate, indiscriminate, and disproportionate attacks; the misuse of conventional, unconventional, and improvised weapon systems; industrial-grade custodial abuses in a vast network of formal and informal prisons; unrelenting siege warfare; the denial of humanitarian aid and what appears to be the deliberate use of starvation as a weapon of war; sexual violence, including the sexual enslavement of Yezidi women and girls trafficked from Iraq and the sexual torture of detained men and boys; and the intentional destruction of irreplaceable cultural property. Thousands of Syrians are missing, many of them victims of enforced disappearances. Even children are not spared. The long-standing taboo against the use of chemical weapons has been repeatedly flouted in ways that constitute a double violation of IHL: the use of a prohibited weapon to target civilians. And, the sectarian nature of the violence has raised the specter of genocide against ethno-religious minorities. Indeed, then-Secretary of State John Kerry announced in 2016 that ISIL was committing genocide against a number of minority groups in Syria and Iraq. Violence in the region has contributed to the biggest exodus of refugees since World War II"--
Download or read book Commentary on the Third Geneva Convention written by and published by Cambridge University Press. This book was released on 2021-09-09 with total page 3034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.
Download or read book Unravelling Unlawful Confinement in Contemporary Armed Conflicts written by Jelena Plamenac and published by BRILL. This book was released on 2021-11-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law protects against unlawful confinement only in international armed conflict. And yet most of unlawful detentions arise as governments and armed groups resort to violence in over 65% of armed conflicts today that are not of an international character. Where do we draw the line and how can international law better serve our right to liberty in contemporary armed conflicts? A captivating and brutally honest book that sheds the light on the plight of millions across nations.
Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Download or read book Detention in Non international Armed Conflict written by Lawrence Hill-Cawthorne and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
