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Part III Thematic Chapters, B Protection, 9 Protecting the right to protest in armed conflict

Milena Costas Trascasas

From: The War Report: Armed Conflict in 2014

Edited By: Annyssa Bellal

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 October 2020

Subject(s):
Military assistance — Armed conflict, international — Armed conflict, non-international — Humanitarian intervention — Armed forces

In recent years the direct connection between the right to protest and armed conflict has come to the fore. The aim of this chapter is to determine the scope of the state's obligations when protests take place in a context of armed conflict or occupation. Such situations may certainly pose a number of challenges to national authorities, not only regarding the circumstances under which the holding of protests might be restricted or banned due to security or public order reasons but also in the determination of the applicable rules governing the use of force in the dispersal of non-authorised or otherwise unlawful protests, as for example, where protesters undertake violent or armed actions against security forces. The chapter concludes by stating that the right to protest continues to serve to a critical democratic role, even in exceptional situations such as armed conflicts or occupation. However, in many countries, protests are systematically banned or otherwise heavy-handedly repressed.

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