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Oxford Law Citator
Contents
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The War Report: Armed Conflict in 2014 edited by Bellal, Annyssa (1st December 2015)
Preliminary Material
Disclaimers
Editor’s Preface
Acknowledgements
Contents
Table of cases
African Commission on Human and Peoples’ Rights
Committee against Torture
European Court of Human Rights (ECtHR)
European Court of Justice
Human Rights Committee
Inter-American Court of Human Rights (IACtHR)
Inter-American Commission of Human Rights (IAComHR)
International Court of Justice (ICJ)
Contentious Cases
Advisory Opinions
International Criminal Court (ICC)
International Criminal Tribunal for the former Yugoslavia (ICTY)
International Criminal Tribunal for Rwanda (ICTR)
Permanent Court of International Justice (PCIJ)
Special Court for Sierra Leone
National courts
Australia
Canada
Greece
Hungary
Slovakia
Sweden
United Kingdom
United States
Table of Treaties
Peace agreements and negotiations
Soft law instruments
United Nations Resolutions
General Assembly
Human Rights Council
Security Council
European Legislation
Directives
Regulations
National Legislation
Angola
Australia
Azerbaijan
Bosnia Herzegovina
Canada
Central African Republic
Colombia
Georgia
Nepal
Serbia
South Africa
Turkey
Uganda
Ukraine
UK
USA
List of abbreviations
Main Text
Introduction
Part I Summary
Summary
What is an armed conflict?
International armed conflict
Criteria for the Existence of an International Armed Conflict
The Geographical Scope of an International Armed Conflict
Summary IHL Rules Governing International Armed Conflict
Summary IHL Rules Governing a Situation of Belligerent Occupation
When Does an International Armed Conflict End?
Non-international armed conflict
Criteria for the Existence of a Non-International Armed Conflict
When Does a Non-International Armed Conflict End?
The Geographical Scope of a Non-International Armed Conflict
Summary Rules Applicable in a Non-International Armed Conflict
Which armed conflicts occurred in 2014?
International Armed Conflicts in 2014
Non-International Armed Conflicts in 2014
Casualties in armed conflicts in 2014
Part II Situations of Armed Conflict in 2014
Situations of Armed Conflict in 2014
Armed conflict between India and Pakistan in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
Displaced Persons
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict between Israel and Palestine in 2014
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
Evolution towards the 2014 war
‘Operation Protective Edge’
Developments after Operation Protective Edge
Parties to the Conflicts
Hamas: Ezzedeen al-Qassam Brigades
Palestinian Islamic Jihad: Al-Quds Brigade
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts between Israel and Syria in 2014
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Azerbaijan by Armenia in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Cyprus by Turkey in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Eritrea by Ethiopia in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Ukraine by the Russian Federation in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Georgia by the Russian Federation in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Lebanon by Israel in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Moldova by the Russian Federation in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Palestine by Israel in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Ezzeddeen al-Qassam Brigades
al-Quds Brigade
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Syria by Israel in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Western Sahara by Morocco in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Afghanistan in 2014
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Afghan forces
International Security Assistance Force
Taliban
Hezb-e-Islami
Haqqani Network
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in the Central African Republic in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Ex-Séléka
Anti-Balaka
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Colombia in 2014
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Colombian Armed Forces
Revolutionary Armed Forces of Colombia (FARC-EP)
National Liberation Army (ELN)
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in the Democratic Republic of Congo in 2014
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Armed Forces of the Democratic Republic of Congo (FARDC)
MONUSCO
ADF-NALU
Mai-Mai
FDLR
Kifuafua-Raia Mutomboki
Casualties
Armed conflict with the ADF-NALU
Armed Conflict with the Mai-Mai
Displacement
War Crimes Allegations, Investigations, and Prosecutions
Prosecutor v Thomas Lubanga Dyilo
Prosecutor v Germain Katanga and Mathieu Ngudjolo Chui
Prosecutor v Bosco Ntaganda
Prosecutor v Sylvestre Mudacumura
National trials
Armed conflict in Egypt in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Egypt armed forces
Sinai Province
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in India in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Indian armed forces
Maoists
Casualties
Displaced Persons
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Iraq in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Iraqi Army
Popular Mobilisation (Hashid Shaabi)
Islamic State (IS)
Kurdish Peshmerga
Islamic Army of Iraq
Sadr fighters/Sadr’s Peace Brigades/Saraya Al-Salam Shia
Casualties
Displaced Persons
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Libya in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Libya Dignity Alliance
Libya Dawn
Ansar al-Sharia
Casualties
Displaced
War Crimes and Prosecutions
Armed conflict in Mali in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Malian armed forces
AFISMA
MINUSMA
Al-Qaeda in the Islamic Maghreb (AQIM)
Ansar Dine
Mouvement pour le Tawhîd et du Jihad en Afrique de l’Ouest (MOJWA)
National Movement for the Liberation of Azawd (MNLA)
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Nigeria in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Nigerian armed forces
Boko Haram
Casualties
Displaced Persons
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Pakistan in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Pakistani Armed Forces
Tehrik-i-Taliban Pakistan (TTP/Pakistani Taliban)
Haqqani Network
Lashkar-E-Jhangvi
Jundallah
East Turkestan Islamic Movement
Islamic Movement of Uzbekistan
Casualties
Displaced Persons
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Somalia in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Somalia armed forces
Ethiopian armed forces
Kenyan armed forces
Uganda People’s Defence Force
AMISOM
al-Shabaab
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in South Sudan in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
South Sudan armed forces
Dissident South Sudan armed forces
Uganda People’s Defence Force
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Sudan in 2014
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
The conflict in Darfur
Southern Kordofan and Blue Nile States
Parties to the Conflict
Sudan armed forces
Justice and Equality Movement (JEM)
Sudan People’s Liberation Army/Movement (SPLA/M-North)
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Syria in 2014
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Syrian armed forces
Free Syrian Army
Jabhat al-Nusra
Islamic State (IS)
YPG-YPJ
Hezbollah
Khorasan Group
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Thailand in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Thai Armed and Police Forces
BRN
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Ukraine in 2014
Classification of the Conflict
Summary of Applicable International Law
Means and methods of warfare
History of the Conflict
Eastern Ukraine
Parties to the Conflicts
Ukraine armed forces
‘The Donetsk People’s Republic’ and the ‘Luhansk People’s Republic’
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Yemen in 2014
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Yemeni armed forces
Houthi rebels
Al-Qaeda in the Arab Peninsula (AQAP)
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Part III Thematic Chapters
A Means and Methods of Warfare
1 The CIA Torture Report: was there a method in the madness?
Introduction
A Origins and functions of the Central Intelligence Agency
Conspiracy Theories and the Counter-Narrative
Method number 1: the ostrich approach to oversight
Method number 2: disingenuous definitions
B A renaissance in responsible leadership
Concluding remarks: a new frontier?
2 Gender perspectives in armed conflicts in 2014
Introduction
A Gender-based crimes other than sexual violence
B Gender-based crimes in 2014: gender-based threats to education, forced marriage, child marriage, slavery, and the recruitment of girls
C Participation of women in armed conflicts and peacebuilding
D Targeting of women’s participation in peace, gender rights, and conflict resolution
Concluding remarks
3 The 2014 Gaza War: reflections on jus ad bellum, jus in bello , and accountability
Introduction
A The right to self-defence under jus ad bellum and the Gaza 2014 conflict
Article 51 as an Exception to an Otherwise Illegal Act under Article 2(4): The Requirement of an Inter-State Context
Non-State Armed Groups as Authors of an Article 51 Armed Attack: A Distinct Issue
A higher gravity threshold for an armed attack authored by NSAGs?
Armed attacks emanating from Gaza
The Case of an Occupation
The requirement of an extraterritorial armed attack
Gaza’s control by Israel and the possibility to invoke Article 51
The illegal use of force to maintain an occupation and its impact on the possibility to invoke Article 51
The ‘armed attack’ as constituting an illegal use of force
B Principal violations of IHL during the 2014 Gaza hostilities
Protection of Civilians: Between Precautions and Distinction
Warnings and Risk to Civilians
Of Proportionality, Indiscriminate Attacks, and the ‘Hannibal’ Protocol
Targeting houses
Indiscriminate and disproportionate use of force in populated area
Violations by Hamas and Palestinian Armed Groups
C The International Criminal Court and local investigations
War Crimes Allegations and Local Investigations
4 The conflict with Islamic State: a critical review of international legal issues
Introduction
How did is Come to Life?
Is is a State or a Non-State Actor?
What are the Main Differences Between is and al-Qaeda?
A Jus ad bellum considerations
The Legality of the US-Led Coalition Airstrikes Against is in Iraq
The Legality of the US-Led Coalition Airstrikes against is in Syria
Collective self-defence
Intervention by invitation
B State responsibility
Syria and Iraq (Territorial States)
Direct responsibility for violations of international law perpetrated by IS
Failure to comply with the obligation to protect
Third States
Direct responsibility for violations of international law perpetrated by IS
State complicity in the violations of International Law perpetrated by IS
Other provisions engaging States’ responsibility for their implication in the IS violations
B Protection
5 Refugees and asylum seekers from conflict-affected States
Introduction
A International refugee law
Scope of Application: Who is a Refugee?
Applying International Refugee Law to War Refugees
Limitations on Eligibility for Refugee Status
The Rights of Refugees and the Obligations of States
Rights of refugees
Non-refoulement principle
Other rights
Obligations of States
B Refugees under international human rights law
C Refugees under international humanitarian law
General Protection
Additional Protection
Concluding remarks
6 Protection of IDPs in armed conflict in 2014: a critical review of law and practice
Introduction
A The protection of IDPs under international law
The Emergence of IDPs in the International Humanitarian Agenda
The Protection of IDPs under International Humanitarian Law
The General Protection of IDPs as Part of the Civilian Population under IHL
The Special Protection of IDPs Under IHL
The Protection of IDPs Under International Human Rights Law
Key Provisions Protecting IDPs Under International Human Rights Law
B Towards a normative framework for the protection of IDPs
The Guiding Principles on Internal Displacement 1998
The Guiding Principles , More than Soft Law?
C Regional and national developments
Regional Initiatives for the Protection of IDPs
The 2009 Kampala Convention
The Challenges of Implementation
National Laws and Policies for the Protection of IDPs
D The institutional framework for the protection of IDPs
The Humanitarian Reform and the Cluster Approach
E Current challenges in protecting IDPs
Concluding remarks
7 The legality of detention in armed conflict
Introduction
A Applicable legal frameworks
International Human Rights and Humanitarian Law
Application of human rights law in armed conflict
Complementarity between IHL and human rights
Extraterritorial application of human rights treaties
Sole application of human rights outside armed conflict
Developments Relating to Applicable Law and Standards
Human Rights Committee General Comment on the right to liberty
ICRC Opinion Paper on internment in armed conflict
UN Working Group on Arbitrary Detention Basic Principles and Guidelines on habeas corpus
B Grounds for the deprivation of liberty in armed conflict
Deprivation of Liberty Under International Human Rights Law
The prohibition against arbitrary and unlawful detention
Derogating from the prohibition against arbitrary and unlawful detention
Deprivation of Liberty in International Armed Conflicts
International humanitarian law as lex specialis
The authority to detain prisoners of war
The authority to detain protected persons in an international armed conflict
Deprivation of Liberty in Non-International Armed Conflicts
Implied authority under IHL to detain in a NIAC?
Detention in a NIAC under international human rights law
Detention in a NIAC pursuant to Security Council authorization
C Review of the lawfulness of detention
The Right to Habeas Corpus Under International Human Rights Law
Prisoners of War
Protected Persons in an International Armed Conflict
Alien civilians in the territory of a party to the conflict
Civilians in an occupied territory
Review of Detention in a Non-International Armed Conflict
Concluding remarks
8 Engaging with drug lords: protecting civilians in Colombia, Mexico, and Honduras
Introduction
A The international framework to tackle criminal organizations
B Criminal organizations under international humanitarian law: the organization requirement
Opposition Groups Engaging in Drug Trafficking
Criminal Organizations
Colombian bandas criminales (BACRIMs)
Mexican drug cartels
Maras and other criminal organizations in Honduras
Mexican Self-Defence Groups
C Criminal organizations under international humanitarian law: the intensity requirement
Colombia
Mexico
Honduras
D Zonas de impunidad : human rights obligations of criminal organizations
E The responsibility of criminal organizations under international criminal law
F Engaging with drug lords
The Challenges of Engagement
Concluding Truces with Criminal Organizations
Criminal Organizations Between Territorial Control and Local Legitimacy
9 Protecting the right to protest in armed conflict
Introduction
A Legal regime applicable to protests
Can the Right to Protest be Suspended?
Ordinary Restrictions to the Right to Protest
Unauthorized Protests
B Use of force in protests
The Law Enforcement Model
Distinction Between Peaceful, Violent, and Armed Protests
Can Violent Activities be Considered as Direct Participation in the Hostilities?
Use of Lethal Force Against Protesters
C Right to protest in occupied territories
Concluding remarks
10 Youth as main victims and perpetrators of violence: are the mechanisms behind joining ‘criminal’ gangs similar to those for joining violent extremist groups?
Preliminary Material
Introduction
A Defining youth
B Defining gangs
C Age and gang membership
D Youth gangs in recent history
E Adolescence: a potentially dangerous transition
F Push and pull factors
Playing Out the Karpman Triangle
Cultural Resistance Identities: Hip-Hop and Islam, ‘même Combat’?
G The use and role of violence
What Works
Potential areas of intervention
Age of intervention
Types of intervention
Programming Examples
Government-Led Programmes; A Case in Point
Programmes Aimed at Reintegrating Returning Would-Be Jihadists
The Common Denominators Between Programmes that Work
Schools
Community-based programming for school drop-outs or to fill after-school hours
Beyond Vocational Training and Job Placement
Concluding remarks
C Accountability
11 Extraordinary rendition and the European Court of Human Rights
Introduction
A Defining extraordinary rendition
B Strasbourg expands its extraordinary rendition doctrine
The Al Nashiri, Abu Zubaydah , and El Masri Cases
The Six-Month Rule
Article 3 ECHR Violations
Violations of Article 5 ECHR
Violations of Article 6 and of Articles 2 and 3 in conjunction with Article 1 of Protocol 6 of the Convention
C Outstanding problematic aspects of Strasbourg’s extraordinary rendition doctrine
Attribution of State Responsibility
The Right to Truth
Extraordinary Renditions as Cases of Enforced Disappearance
Diplomatic Assurances
Concluding remarks
12 National trials of international crimes in 2014: prosecuting ‘refugees’ suspected of international crimes
Introduction
A The legal framework
In the Intersection Between Different Branches of International Law
International Refugee Law
International Humanitarian Law and International Criminal Law
International human rights law and the principle of non-refoulement
Exclusion clause v. criminal proceedings
B Developments in 2014
Extradition Cases
Prosecution of Suspects of International Crimes in the Host Country
Completed trials against suspects of international crimes
Procedures related to the Syrian conflict
Procedures related to Rwandan genocide
Arrests of suspects in relation to the first Liberian civil war
After the proceedings are completed
Convictions for Immigration Fraud
Deportations
Stuck in the Host State
Concluding remarks
13 War crimes trials at Guantánamo Bay: key developments in 2014
Introduction
A Charges and Procedures
Charges
Procedure
Stagnation in 2014
B Appellate issues
Al-Bahlul v United States
United States v Al-Nashiri
The Interlocutory Appeal
Mandamus
Mandamus jurisdiction
Mandamus merits
C Interferences and collateral issues delaying the commissions
Conflicts of Interest and the Right to Conflict-Free Counsel
Unlawful Influence
Female Guards
D New charges
E Torture Report
Concluding remarks
14 Tackling impunity for sexual violence
Introduction
A Sex, gender, and sexual violence
B Sexual violence under international law
Rape
Sexual Slavery and Enforced Prostitution
Forced Marriage
Forced pregnancy
Enforced Sterilization
Sexual Violence
C (Lack of) Prosecutions for sexual violence at the International Court and ad hoc Tribunals
Are there Better Alternatives to Existing Criminal Justice Mechanisms?
Concluding remarks
15 A review of the work of the International Criminal Court in 2014
Introduction
A Preliminary examinations and preliminary stages
B Admissibility and jurisdiction
C Katanga and Lubanga judgments
Forms of Responsibility
Definition of Certain Crimes
D Penalties
16 Transitional justice mechanisms: challenges and opportunities
Introduction
A The contribution and limits of prosecution
B Toward a comprehensive approach: truth seeking, reparation, and institutional reform
Truth Seeking
Truth seeking: a multifaceted notion
Truth seeking under international law
Truth commissions
Commissions of Inquiry and Fact-Finding Missions
Reparation
Reparation under international law
Types of reparation
Individual and collective reparation
Reparation programmes
Institutional Reform
Vetting
C Transitional justice in 2014
Bosnia and Herzegovina
The National Strategy on Transitional Justice
Truth seeking
Reparation
Institutional reform
Colombia
Peace talks
Truth seeking
Reparation
Women.
Victims of sexual violence.
Indigenous groups.
Other communities.
Concluding remarks
Further Material
Index
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Table of Treaties
Edited By: Annyssa Bellal
From:
The War Report: Armed Conflict in 2014
Edited By: Annyssa Bellal
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
01 December 2015
ISBN:
9780198766063
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