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The Grey Zone: Civilian Protection Between Human Rights and the Laws of War

The Grey Zone: Civilian Protection Between Human Rights and the Laws of War

Author: Mark Lattimer; Philippe Sands
Publisher: Hart Publishing
ISBN: 9781509908639
Published In: July 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The high civilian death toll in protracted conflicts such as those in Syria or Iraq appears to demonstrate how little the international legal order has to offer to civilians at risk.

A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights that, at least in theory, are intended to protect civilians. But which law or laws apply in a given situation and what are the obstacles to their implementation?

How can the law assist civilians injured by new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing but sometimes controversial use of human rights courts to remedy violations of the laws of armed conflict, or by proposals for new instruments or mechanisms of civilian legal protection?

This volume brings together contributions from leading academic authorities and legal practitioners to shed light on the situation of civilians in the grey zone between human rights and the laws of war. In Part 1 each chapter considers a key contested or boundary issue in defining the rights of civilians or non-combatants in today's conflicts. Part 2 goes on to assess current and developing legal mechanisms for addressing violations.

As military intervention to protect civilians remains highly controversial, this volume looks at the alternative potential for developing a practice of civilian rights protection.

Part I: Rights

1. Who Is a Civilian? Membership of Opposition Groups and Direct Participation in Hostilities

Emily Crawford

2. The Duty in International Law to Investigate Civilian Deaths in Armed Conflict

Mark Lattimer

3. Protection by Process: Implementing the Principle of Proportionality in Contemporary Armed Conflicts

Amichai Cohen

4. Regulating Armed Drones and Other Emerging Weapons Technologies

Stuart Casey-Maslen

5. The Globalisation of Non-International Armed Conflicts

Pavle Kilibarda and Gloria Gaggioli

6. Administrative Detention in Non-International Armed Conflicts

Françoise J Hampson

7. The Crime of Rape in Military and Civilian Jurisdictions

Lois Moore and Christine Chinkin

Part II: Remedies

8. The Right to Reparation for Victims of Armed Conflict

Carla Ferstman

9. Arguing International Humanitarian Law Standards in National Courts—A Spectrum of Expectations

Sharon Weill

10. The Death of Lex Specialis? Regional Human Rights Mechanisms and the Protection of Civilians in Armed Conflict

Bill Bowring

11. Extraterritorial Obligations under Human Rights Law

Cedric Ryngaert

12. What Duties Do Peacekeepers Owe Civilians? Lessons from the NuhanovicCase

Liesbeth Zegveld

13. Civilian Protection and the Arms Trade Treaty

Blinne Ní Ghrálaigh

Part III: Developments

14. A Path Towards Greater Respect for International Humanitarian Law

Valentin Zellweger and François Voeffray

15. The Responsibility to Protect and Non-State Armed Groups

Jennifer M Welsh

16. Protecting Civilians by Criminalising the Most Serious Forms of the Illegal Use of Force: Activating the International Criminal Court’s Jurisdiction over the Crime of Aggression

Carrie McDougall

17. Elements and Innovations in a New Global Treaty on Crimes Against Humanity

Leila Nadya Sadat