| Description |
1 online resource (363 pages) |
| Series |
Yearbook of International Humanitarian Law Ser. ; v. 20 |
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Yearbook of International Humanitarian Law Ser
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| Contents |
Intro; Board of Advisors to the Editorial Board; Board of Recommendation; Editorial; Contents; The Development and Interpretation of International Humanitarian Law; 1 The Role of Non-State Armed Groups in the Development and Interpretation of International Humanitarian Law; Abstract; 1.1 Introduction; 1.2 Should NSAGs Be Included in the Creation of IHL Applicable in NIACs?; 1.2.1 Disadvantages of Involving NSAGs in the Creation of IHL; 1.2.2 Advantages of Including NSAGs in the Development of IHL |
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1.3 The Participation of Non-State Armed Groups in the Creation of International Humanitarian Law1.3.1 Normative Basis for the Capacity of NSAGs to Participate in the Creation of IHL; 1.3.2 International Agreements and Unilateral Declarations; 1.3.2.1 Traditional Treaties; 1.3.2.2 "Hybrid" Treaties and Special Agreements; 1.3.2.3 Unilateral Declarations; 1.3.3 Customary IHL; 1.3.3.1 Scope of NSAGs' Capacity to Contribute to the Formation of Customary IHL; 1.3.3.2 Identification, Selection and Weight of the Practice of NSAGs; 1.3.3.3 Indirect Influence on the Formation of Customary IHL |
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1.4 The Contribution of NSAGs to the Interpretation of IHL1.4.1 NSAGs as Interpreters; 1.4.2 The Relevance of the Practice of NSAGs in the Interpretation of IHL; 1.5 Conclusion; References; Articles, Books and Other Documents; Case Law; Treaties; 2 A Fine Line Between Protection and Humanisation: The Interplay Between the Scope of Application of International Humanitarian Law and Jurisdiction over Alleged War Crimes Under International Criminal Law; Abstract; 2.1 Introduction; 2.2 Clarification of IHL by International Courts and Tribunals; 2.3 The Notion of Armed Conflict in IHL and ICL |
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2.3.1 ICTY Practice2.4 Expansion of the Scope of Application of IHL; 2.4.1 Expansion of the Concept of International Armed Conflict; 2.4.2 Expansion of the Scope of Non-International Armed Conflicts; 2.4.3 Temporal Scope Without End?; 2.4.4 Undue Expansion?; 2.4.5 Impact on Fair Trial Rights; 2.4.6 Potential Distortion of Reality on the Ground Due to the Nature and Limitations of Criminal Trials; 2.5 Concluding Remarks; References; Articles, Books and Other Documents; Cases; Treaties |
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3 The Notion of External NIACs: Reconsidering the Intensity Threshold in Light of Contemporary Armed ConflictsAbstract; 3.1 Introduction; 3.2 Evaluation of the Notion of NIAC in Relation to Counterterrorism Operations; 3.2.1 The Relationship Between Counterterrorism and Armed Conflict; 3.2.2 Preliminary Examination of NIAC Sub-Classifications; 3.2.3 Inimitability of Cross-Border NIACs and Transnational NIACs; 3.3 Assessment of the Consequences of the Application of the Tadić Test to External NIACs; 3.3.1 Policy Arguments Against the Use of the Tadić Test for External NIACs |
| Notes |
3.3.2 Arguments Against Revisiting the Tadić Test |
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Print version record |
| Form |
Electronic book
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| Author |
McCormack, Tim
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Geiß, Robin
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Krieger, Heike
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Paulussen, Christophe
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| ISBN |
9789462652644 |
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9462652643 |
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