Detention in Non-International Armed Conflict
Series: Oxford Monographs in International Humanitarian & Criminal Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 27 April 2020
- ISBN 9780198843092
- Binding Paperback
- No. of pages312 pages
- Size 229x155x16 mm
- Weight 476 g
- Language English 57
Categories
Short description:
Detention under international law is highly regulated, but the law appears to be silent on non-international armed conflicts. This book uses case studies to examine the extent to which international humanitarian law can be applied in non-international contexts, and sets out a concrete proposal for how the law might develop in this area.
MoreLong description:
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.
Table of Contents:
Introduction
Part I: Context
The Distinction between International and Non-International Armed Conflicts
Part II: International Humanitarian Law
Detention in International Armed Conflict
Detention in Non-International Armed Conflict
Part III: International Human Rights Law
Detention under International Human Rights Law
Detention and the Relationship between IHL and IHRL
Practical Application of IHRL to Detention in Non-International Armed Conflict
Part IV: Developing the Law
Developing a Detention Regime for Non-International Armed Conflicts
