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Oxford Law Citator
Contents
Expand All
Collapse All
Preliminary Material
Disclaimers
Editor’s Preface
Contents
Table of Cases
International
African Commission on Human and People’s Rights
Committee Against Torture
European Court of Human Rights (ECtHR)
European Court of Justice
Human Rights Committee
Inter-American Court of Human Rights (IACtHR)
International Court of Justice (ICJ)
International Criminal Court (ICC)
International Criminal Tribunal for Rwanda (ICTR)
International Criminal Tribunal for the former Yugoslavia (ICTY)
Mechanism for International Criminal Tribunals
Nuremberg Military Tribunal
Permanent Court of Arbitration (PCA)
Permanent Court of International Justice
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon
National Courts
International Crimes Tribunal of Bangladesh (ICT)
France
Germany
Greece
Israel
Italy
Japan
Kenya
United Kingdom
United States
Table of Treaties
Treaties, Conventions, and Declarations
Peace Agreements
Soft Law Instruments
Table of United Nations Resolutions
General Assembly
Human Rights Council
Security Council
List of Abbreviations
Main Text
Introduction
Part I Armed Conflicts in 2013 and their Impacts
Armed conflicts in 2013 and their impacts
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 2013?
International Armed Conflicts in 2013
Non-International Armed Conflicts in 2013
Casualties in armed conflicts in 2013
Situations of armed violence not amounting to armed conflict
Part II Situations of Armed Conflict in 2013
Situations of armed conflict in 2013
Armed conflicts between Israel and Syria in 2013
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict between India and Pakistan in 2013
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 Azerbaijan by Armenia in 2013
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 2013
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 2013
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 Georgia by the Russian Federation in 2013
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 2013
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 2013
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 2013
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
War Crimes Allegations, Investigations, and Prosecutions
Military occupation of Syria by Israel in 2013
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 2013
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 conflicts in Afghanistan in 2013
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 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflicts
Central African Republic Armed Forces
South African National Defence Forces
African Union force
Séléka
The People’s Army for the Restoration of Democracy
The Union of Democratic Forces for Unity
The Democratic Front of the Central African People
Lord’s Resistance Army
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Colombia in 2013
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)
National Liberation Army (ELN)
Casualties
Cumulative Totals
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in the Democratic Republic of Congo in 2013
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
M23
ADF–NALU
LRA
Casualties
Conflict with the M23
Conflict with the ADF–NALU
Conflict with the LRA
Other armed violence casualties
Sexual violence and rape
Displaced
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 India in 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Indian armed forces
Maoists
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Mali in 2013
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
MOJWA
Casualties
Civilian casualties
Casualties among combatants
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Mexico in 2013
Classification of the Conflicts
Summary of Applicable International Law
History of the Conflicts
Parties to the Conflicts
Mexican security forces
Los Zetas
Sinaloa Cartel
Mexico’s other drug cartels
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Myanmar in 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Myanmar armed forces
Kachin Independence Army
Casualties
Displacement
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Nigeria in 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Nigerian armed forces
Boko Haram
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in the Philippines in 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Philippine armed forces
MNLF
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Somalia in 2013
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 2013
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
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Sudan in 2013
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
Casualties in Darfur
Casualties in South Kordofan and Blue Nile states
War Crimes Allegations, Investigations, and Prosecutions
Armed conflicts in Syria in 2013
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
ISIL
Hezbollah
Casualties
Displaced
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Thailand in 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Thai armed and police forces
BRN
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Turkey in 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Turkish armed forces
The Kurdistan Workers’ Party (PKK)
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Armed conflict in Yemen in 2013
Classification of the Conflict
Summary of Applicable International Law
History of the Conflict
Parties to the Conflict
Yemeni armed forces
Houthi rebels
Casualties
War Crimes Allegations, Investigations, and Prosecutions
Part III Important Themes in Armed Conflicts in 2013
1 The ‘new’ US policy on drone strikes: domestic and international legal considerations
Introduction
A Policy evolution via leaks and ‘senior administration officials’
Location, Location, Location
‘Known knowns’
‘Known Unknowns’
Pakistan
Yemen
‘US persons’ and ‘US interests’
CIA versus JSOC
Guidelines, Standards, and Procedures
B The USA’s putative legal framework for drone strikes
Applicable Law
Domestic and International Legal Authority
Interpreting ‘Imminence’
Nature and Geographic Scope of the Conflict
Threshold for Being Targeted
Standards and Procedures for Using Lethal Force
US-Born Terrorists
Oversight
C Analysis and evaluation of the USA’s legal framework
Applicable Law
Domestic Legal Authority
Imminent Threat of Violent Attack
Aumf
International Legal Authority
Interpreting ‘Imminence’
Nature and Geographic Scope of the Conflict
Threshold for Being Targeted
Standards and Procedures for Using Lethal Force
US-Born Terrorists
Oversight
Concluding remarks
2 Sexual violence against men and boys in armed conflict
Preliminary Material
Introduction
A Sexual violence against men and boys
B Sexual violence under international law
The 1949 Geneva Conventions and the 1977 Additional Protocols
The International Criminal Tribunals and the International Criminal Court
Rape
Sexual Slavery and Enforced Prostitution
Enforced Sterilization
Sexual Violence
Prosecutions for Sexual Violence Against Men and Boys
International Human Rights Law
C Sexual violence in 2013
Afghanistan
Central African Republic
Côte D’ivoire
Democratic Republic of Congo
Sudan (Darfur)
Syria
Concluding remarks
3 Use of chemical weapons in the Syrian conflicts and under international law
Preliminary Material
Introduction
A Chemical warfare in history
Use in Syria
B Use of chemical weapons in armed conflict under international law
Treaty Law
Customary International Law
Concluding remarks
4 Foreign fighters and international law
Introduction
A Foreign fighters: a growing phenomenon?
Foreign Fighters as Insurgents
Foreign Fighters as a Terrorism Threat
Foreign Fighters in Syria
B Foreign fighters under international humanitarian law
The Status of Foreign Fighters during Armed Conflicts
Foreign Fighters in International Armed Conflicts
Foreign Fighters in Non-International Armed Conflicts
Foreign Fighters in a Non-International Armed Conflict Involving Foreign States
Foreign Fighters in the so-called ‘Global War on Terror’
Foreign Fighters and Terrorism
C Foreign fighters and third states
Preventing Foreign Fighters from Joining an Armed Conflict: Non-Intervention and the Law of Neutrality
Diplomatic Protection of Captured Foreign Fighters
Prosecution of Foreign Fighters
Foreign Fighters as a Terrorism Threat: Extraordinary Renditions, Non-Refoulement, and Denationalization
Concluding remarks
5 Child soldiers in 2013: trends, challenges, and opportunities
Introduction
A The prohibition of child recruitment and use under international law
International Humanitarian Law
International Human Rights Law
International Criminal Law
B Underage recruitment and use by state armed forces
C Recruitment and use of children by non-state armed groups
Engaging Armed Groups on Child Soldiers
State Responsibility for Supporting Armed Groups Recruiting or Using Children
D Opportunities to address child soldiers in conflict and post-conflict situations
Incorporating Prevention of Child Soldiers into Ceasefire and Peace Agreements
Arms Transfer, Security Sector Reform, and the Prevention of Child Recruitment and Use
Concluding remarks
6 The protection of cultural heritage in armed conflict
Introduction
A International legal framework
Defining and Identifying Cultural Property under the 1954 Hague Convention
General Protection: Safeguard and Respect
The Exception of Imperative Military Necessity
Additional Protection: From Special to Enhanced Protection
Applying and Implementing the 1954 Hague Convention
Scope of application
Implementation and enforcement measures
B The role of international courts
International Courts and Tribunals
Jurisdiction for crimes against cultural property
Summary of relevant case law
ICTY
International Criminal Court (ICC)
International Court of Justice
C The role of international organizations
United Nations
International Council of Museums
International Committee of the Blue Shield
Concluding remarks
7 Protecting persons with disabilities in armed conflict
Introduction
A Protection under international humanitarian law
B Protection under international human rights law
C Policy and action to protect persons with disabilities in armed conflict
State Actions and Responses
Practice in Colombia
Practice in Afghanistan
Practice in Myanmar
Practice in South Sudan
Practice in Syria
Non-state actors
Regional Entities
African Union: integrating disability into security programming
European Union
International Organizations
UN Department of Peacekeeping Operations
Other UN agencies
International NGOs
Concluding remarks
Data collection
Role of funders
Education and training
8 Central African Republic: from conflict to chaos and back again?
Introduction
A Historical and political context
B Legal issues arising from the crisis in CAR in 2013
A Non-International Armed Conflict from December 2012 until March 2013
From 24 March 2013 To The Beginning Of 2014: A Situation Of Extreme Violence, But Not An ‘Armed Conflict’ Under International Law
Human Rights Obligations and Non-State Armed Groups
Issues Relating to the Qualification of Armed Conflicts
Which Entity has an Authoritative Voice on Applicable International Law?
International Criminal Law Issues
Concluding remarks
9 The responsibility to protect, and Syria
Introduction
A The UN principle of the responsibility to protect
B The UN strategy on implementation of R2P
Pillar I: The Protection Responsibilities of the State
Pillar II: International Assistance and Capacity-Building
Pillar III: Timely and Decisive Response
C Protection in armed conflict: the relevance of R2P
Early Warning and Assessment
Threshold Crimes
D The international dimensions of R2P
Diplomatic, Humanitarian, and Other Peaceful Means
Available peaceful measures
‘Inadequate’ peaceful measures
Manifest failure of the state in its responsibility to protect
Collective action, including under Chapter VII of the UN Charter
Collective action and state sovereignty
The parameters of collective action through the Security Council
E R2P in context: the conflict in Syria
R2P in the Syrian Conflict
Syria’s Failure to Protect
Pillars II and III: An Adequate Response?
Threats of Military Intervention in Syria
Concluding remarks
10 Protecting civilians in populated areas during the conduct of hostilities after the Gotovina case
Introduction
A Regulation of the conduct of hostilities under IHL
International Armed Conflict
Non-International Armed Conflict
B The Gotovina case: the artillery attacks on Knin
C How to improve legal protection of civilians during the conduct of hostilities
D Capability of non-state armed groups to comply
Concluding remarks
11 National trials of international crimes in 2013: procedural and fair trial guarantees
Introduction
A National trials of international crimes in 2013
War Crimes Committed During Military operations Abroad
Remedying Past Injustices
The International Crimes Tribunal of Bangladesh
EULEX war crimes trials in Kosovo
The ‘Bloody Sunday’ Commission of Inquiry
Other cases
B Procedural challenges for national prosecutions of international crimes
Obstacles in the Deliberation of Justice
Collection of evidence
Witness testimony and protection
Prosecutorial strategies
Lengthy proceedings
Politicization of international crimes trials
The Anonymity of the Defendant
Concluding remarks
12 A critical review of jurisprudence of the ad hoc tribunals in 2013
Introduction
A Crimes and responsibility
B Procedure and sentencing
C Removal of Judge Harhoff
Concluding remarks
13 Farewell ‘specific direction’: aiding and abetting war crimes and crimes against humanity in Perišić, Taylor, Šainović et al., and US Alien Tort Statute jurisprudence
Introduction
A Perišić and Tadić: the origins of specific direction
Perišić Trial Judgment and Judge Moloto’s Foreboding Dissent
Perišić Appeal Judgment: The (Re)Birth of Specific Direction
Perišić’s Fundamentally Flawed Legal Analysis of Specific Direction
Practical Problems with Perišić’s Specific Direction Requirement
B Taylor and Šainović et al.: the judicial dismantling of specific direction
Taylor: The First Shot against Specific Direction
Šainović et al.: The Final Nail in the Coffin for Specific Direction
C Aiding and abetting in US Alien Tort Statute jurisprudence
Presbyterian Church of Sudan: Purpose is the Mens Rea for Aiding and Abetting
Doe VIII: Knowledge is the Mens Rea for Aiding and Abetting
Aziz: Purpose is the Mens Rea for Aiding and Abetting
The Relevance of the Split in US ATS Jurisprudence for Specific Direction at the ICTY and the SCSL
D Reflections on ‘specific direction’ in aiding and abetting in international criminal law
Concluding remarks
14 Redress and reparation for victims of armed conflict: a critical review of practice in 2013
Introduction
A Reparation for victims under international law
State Responsibility
International Humanitarian Law
Human Rights Law
Non-State Actors
B The scope of reparation under international law
Restitution
Compensation
Rehabilitation
Satisfaction
Guarantees of Non-Repetition
C Enforcement mechanisms and challenges
International Level
Domestic Level
Transitional Justice
D Reparation in 2013
Afghanistan
Implementation challenges: a glimpse of US practice in Afghanistan
Colombia
Best practices: insights into collective and symbolic reparation in Colombia
Democratic Republic of Congo
Recent developments: insights on alternative ways to address reparation in DRC
Concluding remarks
Further Material
Index
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Table of Cases
Edited By: Stuart Casey-Maslen
From:
The War Report: Armed Conflict in 2013
Edited By: Stuart Casey-Maslen
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
20 November 2014
ISBN:
9780198724681
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