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Status and Treatment of Deserters in International Armed Conflicts

Status and Treatment of Deserters in International Armed Conflicts

Status and Treatment of Deserters in International Armed Conflicts

Author: Heike Niebergall-Lackner
Publisher: Brill Nijhoff
ISBN: 9789004308831
Published In: February 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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In this study, Heike Niebergall-Lackner discusses the classical military offence of desertion from the standpoint of international law.

Taking account of the three factual situations that might arise following a desertion in international armed conflicts - capture by the home country, capture or crossing over to the enemy party, and seeking refuge in a country not involved in the conflict – the examination offers a comprehensive overview of the treatment and the protection afforded to deserters under international human rights law, international humanitarian law and refugee law.

The examination is conducted against the background of the duties of soldiers under modern international law and shows that, depending on the legality of the conflict, desertion might represent the legitimate decision of the individual to act in accordance with these duties.

Acknowledgements

Introduction

Chapter 1: Defining desertion

A. When soldiers stop fighting

B. Desertion in domestic military law

I. Definitions of the military offence

II. Punishment ranges

III. Summary

C. Desertion in the context of international law

I. International and multinational forces

II. Desertion in international law literature

III. Summary

D. The use and meaning of the term desertion in the present study

Chapter 2: The deserter and his or her home country

A. Desertion in past conflicts – a history of severe punishment and reluctant forgiveness

I. Punishment of deserters

II. Acts of clemency

III. Legal rehabilitation

IV. Summary

B. New standards of international law and their impact on the punishment of deserters

I. Procedural guarantees for criminal trials

II. The right to conscientious objection to military service

III. International criminal law

IV. Conclusion

Chapter 3: The deserter and the enemy party

A. Treatment in past conflicts – contempt, strategic use and cautious solidarity

I. Prisoner of war status

II. Use of enemy deserters in the military forces

III. Repatriation of deserters

IV. Summary

B. The protection of deserters under contemporary international humanitarian law

I. The deserter’s legal status under international humanitarian law

II. Rights and obligations of the enemy party with regard to the deserter

III. Conclusion

Chapter 4: The deserter in a country of refuge

A. The deserter as a beneficiary of international protection

I. Territorial asylum

II. Refugee status according to the Geneva Refugee Convention

III. Refugee protection at a regional level – the European example

IV. Complementary or subsidiary protection

V. The prohibition of refoulement

VI. Conclusion

B. Obligations under the law of neutrality

I. Duty to intern foreign troops

II. Summary

C. Extradition of a deserter to his home country

I. Duty to extradite

II. Principles of extradition law

III. Conclusions regarding the obligation to extradite

Chapter 5: Conclusion and outlook

Bibliography, Index.

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