Detention of Non State Actors Engaged in Hostilities The Future Law 1st Edition by Gregory 9789004310643 9789004310636

Detention of Non State Actors Engaged in Hostilities The Future Law 1st Edition Gregory Rose – Ebook Instant Download/Delivery ISBN(s): 9789004310643,9004310649

Product details:

• ISBN 10:9789004310636
• ISBN 13:9789004310643
• Author: Gregory 

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.

Table contents:

part 1 Perspectives

2 Convergence of Norms across the Spectrum of Armed Conflicts: International Humanitarian and Human Rights Law

3 The Limitations of Legal Reasoning: Negotiating the Relationships between International Humanitarian Law and Human Rights Law in Detention Situations

4 The Convergence of Violence around a Norm: Direct Participation in Hostilities and Its Significance for Detention Standards in Non-International Armed Conflict

5 Reimagining the Wheel: Detention and Release of Non-State Actors under the Geneva Conventions

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