Detention of Non-State Actors Engaged in Hostilities: The Future Law

Human Rights

Detention of Non-State Actors Engaged in Hostilities: The Future Law

Edited by Gregory Rose · Bruce Oswald
Brill Nijhoff August 2016

Specifications

ISBN-13
9789004310636
Publisher
Brill Nijhoff
Publication
August 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Detention of Non-State Actors EEngaged 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.

Table of Contents

i Author Index
ii Glossary
1.Introduction Gregory Rose and Bruce Oswald

Perspectives
2.Convergence of Norms across the Spectrum of Armed Conflicts: International Humanitarian and Human Rights Law Emily Crawford
3.The Limitations of Legal Reasoning: Negotiating the Relationships between International Humanitarian Law and Human Rights Law in Detention Situations Sarah McCosker
4.The Convergence of Violence around a Norm: Direct Participation in Hostilities and Its Significance for Detention Standards in Non-International Armed Conflict Jody Prescott
5.Reimagining the Wheel: Detention and Release of Non-State Actors under the Geneva Conventions Chris Jenks

Case Studies
6.The Coalition Provisional Authority for Iraq 2004-2008: Transitioning From Administrative Internment to Criminal Justice Based Detention Operations Angeline Lewis
7.Australian Detention Operations in Afghanistan: Practices and Challenges Paul Cronan
8.Detention in British International Military Operations Linda Dann
9.An Indian Perspective on Detention of Non-State Actors Engaged in Hostilities B.V. Kumar
10.Preventive Detention for National Security Purposes: A Three Dimensional View of the Israeli Experience Dvir Saar and Ben Walhaus
11.U.S. Detention of Terrorists in the 21st Century Bill Lietzau
12.NATO Responsibility for Detention Mark Dakers

Formulating Guidance
13.Information and Notification concerning Detention in Non-International Armed Conflicts Bruce Oswald
14.Copenhagen Process Principles and Guidelines for Detention - Legal and Political Challenges Thomas Winkler
15.Detention in United Nations Peace Operations Katarina Grenfell

Recommendations
16.Detention of Non-State Actors Engaged in Hostilities – Recommendations for Future Law Gregory Rose

Appendices
Geneva Conventions, Common Article 3
Geneva Convention III, Article 4
Geneva Convention IV, Articles 5, 42, 43
Additional Protocol I – Article 75
Additional Protocol II – Articles 4, 5
ICRC – Resolution and Report on Strengthening Legal Protection for Victims of Armed Conflicts: Introduction by Monica Silverwood, ICRC
Subject Index.
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