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Contents
Practitioners' Guide to Human Rights Law in Armed Conflict by Murray, Daragh (17th November 2016)
- Preliminary Material
- Disclaimer
- Foreword
- Contents
- Table of Cases
- African Commission on Human and Peoples’ Rights
- Court of Justice of the European Union
- European Commission of Human Rights
- European Court of Human Rights
- Germany, British Zone of Control, Control Commission Court of Criminal Appeal
- Inter-American Commission on Human Rights
- Inter-American Court of Human Rights
- International Court of Justice
- International Criminal Court
- International Criminal Court for the Former Yugoslavia
- Permanent Court of International Justice
- Un Committee against Torture
- UN Human Rights Committee
- National Cases
- Table of Treaties and Other Instruments
- Abbreviations
- Main Text
- Introduction
- Part I
- 1 Understanding International Human Rights Law
- Preliminary Material
- 1 Introduction
- 2 The Relevance of Human Rights Law to the Activities of Armed Forces
- 3 Features that Distinguish Human Rights Law from the Law of Armed Conflict
- 3.1 The Origins of Human Rights Law and the Law of Armed Conflict
- 3.2 Asymmetric Application of Human Rights Law v. Symmetric Application of the Law of Armed Conflict
- 3.3 Contrasting Compliance Mechanisms for International Human Rights Law and the Law of Armed Conflict
- 3.4 Key Differences Between the Operation of the Law of Armed Conflict and Human Rights Law
- 4 Understanding Human Rights Law
- 5 Human Rights Law Instruments
- 1.26
- 1.27
- 5.1 UN Treaties and Institutions
- 1.28
- 1.29
- 5.1.1 The Human Rights Council
- 5.1.2 The Office of the High Commissioner for Human Rights
- 5.1.3 Special Procedures of the Human Rights Council and Special Representatives of the UN Secretary-General
- 5.1.4 Treaty bodies (and the Main UN Human Rights Treaties)
- 1.35
- 5.1.4.1 International Covenant on Civil and Political Rights 1966
- 5.1.4.2 International Covenant on Economic, Social and Cultural Rights 1966
- 5.1.4.3 Convention on the Elimination of All Forms of Racial Discrimination 1965
- 5.1.4.4 Convention on the Elimination of Discrimination against Women 1979
- 5.1.4.5 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984
- 5.1.4.6 Convention on the Rights of the Child 1989
- 5.1.4.7 Convention on Enforced Disappearances 2006
- 5.2 Other Treaties and Standards
- 5.3 Regional Treaties and Arrangements
- 1.62
- 5.3.1 European Convention on Human Rights 1950
- 5.3.2 European Union Charter of Fundamental Rights 2000
- 5.3.3 American Declaration of the Rights and Duties of Man 1948
- 5.3.4 American Convention on Human Rights 1969
- 5.3.5 African Charter on Human and Peoples’ Rights 1981
- 5.3.6 Arab Charter on Human Rights 2004
- 5.3.7 ASEAN Intergovernmental Commission on Human Rights 2009
- 5.4 Customary International Law
- 6 Liability and Responsibility
- 7 Pleadings Before Human Rights Courts and Other Bodies
- 2 Identifying, Defining, and Classifying the Activities of Armed Forces
- 3 The Extra-Territorial Applicability of International Human Rights Law
- Preliminary Material
- 1 Introduction
- 3.01
- 3.02
- 3.03
- 3.04
- 3.05
- 3.06
- 1.1 Jurisdiction in International Human Rights Treaties
- 1.2 The Approach of Human Rights Treaty Bodies to the Extra-territorial Applicability of Human Rights
- 1.3 ‘Dividing and Tailoring’ Human Rights Obligations
- 1.4 Obligations to Respect, Protect, or Fulfil
- 1.5 Human Rights Obligations in Difficult Operational Circumstances
- 1.6 The Role of the Law of Armed Conflict
- 2 Categories of Territorial and Extra-territorial Jurisdiction
- 3 Territorial Jurisdiction
- 4 ‘Effective Control’ Over an Area
- 5 State Agent Authority and Control
- 6 Considerations for the Practitioner
- 4 The Relationship Between the Law of Armed Conflict and International Human Rights Law
- Preliminary Material
- 1 Introduction
- 2 The Case Law
- 3 The Model Used in This Guide : The ‘Active Hostilities’ and ‘Security Operations’ Frameworks
- 4 Determining the Balance Between the Law of Armed Conflict and International Human Rights Law Under the ‘Active Hostilities’ and ‘Security Operations’ Frameworks
- 5 Derogation from International Human Rights Law Treaties
- 6 Conclusions
- 1 Understanding International Human Rights Law
- Part II
- 5 Conduct of Hostilities and Targeting
- Preliminary Material
- 1 Introduction
- 5.01
- 5.02
- 1.1 When Should the ‘Active Hostilities’ and ‘Security Operations’ Frameworks Be Applied?
- 1.2 Key Human Rights Law Provisions Relevant to the Conduct of Hostilities and Targeting
- 2 Principles of Targeting
- 3 Precautions in Attack
- 4 Precautions Against the Effects of Attacks
- 5 Unusual Conditions of Combat
- 6 Starvation, Objects Indispensable to Survival
- 7 Prohibition of Environmental Modification
- 8 Environmental Protection
- 9 Intelligence Gathering
- 10 Reprisals
- 11 Sieges and Encircled Areas
- 12 Human Shields
- 13 Persons Hors de Combat
- 14 Denial of Quarter
- 15 Assassination
- 16 Pillage
- 6 Rules of Engagement
- 7 Weapons
- 8 Prisoners of War and Internment
- Preliminary Material
- 1 Introduction
- 2 Prisoners of War
- 8.02
- 8.03
- 8.04
- 8.05
- 8.06
- 8.07
- 2.1 Jurisdiction Over Prisoners of War
- 2.2 Recording Identity
- 2.3 Unusual Conditions of Combat
- 2.4 Status Review
- 2.5 Treatment of Prisoners of War
- 8.13
- 2.5.1 Evacuation of Prisoners of War and Location of Prisoner of War Camps
- 2.5.2 Humane Treatment
- 2.5.3 Questioning of Prisoners of War
- 2.5.4 Penal and Disciplinary Sanctions Against Prisoners of War
- 2.5.5 Use of Weapons Against Prisoners of War
- 2.5.6 The Provision of Free-of-charge Maintenance and Medical Care
- 2.5.7 Quarters
- 3 Internment
- 8.45
- 8.46
- 8.47
- 8.48
- 8.49
- 8.50
- 8.51
- 3.1 Procedural Safeguards Regulating Internment
- 3.2 Treatment of Internees
- 4 Other Forms of Detention
- 5 Children in Detention
- 9 Protection of Civilians in the Hands of a Party to the Conflict
- Preliminary Material
- 1 Introduction
- 2 Basic Standards of Treatment Applicable to All Civilians in the Hands of a Party to the Conflict
- 3 Evacuation of Children
- 4 Protected Persons Who Are Aliens in the Territory of a Party to the Conflict
- 5 Restrictions on Protected Persons
- 10 Occupation
- Preliminary Material
- 1 Introduction
- 2 The Definition of Occupation
- 3 Resistance to Occupation
- 4 The Administration of Occupied Territory
- 10.14
- 10.15
- 10.16
- 4.1 Legislative Authority of the Occupying Power
- 4.2 Censorship and Limitations on Communication
- 4.3 Restrictions on Movement, Association, and Assembly
- 4.4 Searches
- 4.5 The Administration of Criminal Law
- 4.6 Religion
- 4.7 Children and Education
- 4.8 Medical Care
- 4.9 Food and Other Essential Supplies
- 4.10 Labour
- 4.11 Transfer, Deportation, and Evacuation of Civilians
- 5 Property
- 11 Peace Support Operations
- Preliminary Material
- 1 Introduction
- 2 The Law Applicable to Peace Support Operations
- 3 PSO Forces That Are Parties to an Armed Conflict
- 4 PSO Forces That Are Not Parties to an Armed Conflict
- 5 The Use of Force for the Protection of Others
- 6 Responsibility
- 7 Protection Accorded to Peace Support Operation Forces Not Parties to an Armed Conflict
- 12 Humanitarian Assistance
- 13 Air Operations
- Preliminary Material
- 1 Introduction
- 2 General Provisions
- 3 Basic Rules and Target Discrimination
- 4 Methods and Means of Warfare
- 5 Measures Short of Attack: Interception, Visit, Search, Diversion, and Capture
- 6 Medical Aircraft
- 7 The Control of Airspace in Non-international Armed Conflict and Situations Short of Armed Conflict
- 8 Air Security Operations
- 14 Maritime Warfare
- Preliminary Material
- 1 Introduction
- 2 General Provisions
- 3 Basic Rules and Target Discrimination
- 4 Methods and Means of Warfare
- 5 Measures Short of Attack: Interception, Visit, Search, and Capture
- 6 Protected Persons, Medical Transports
- 7 Maritime Security Operations
- 15 Cyber Operations
- Preliminary Material
- 1 Introduction
- 2 Cyber Operations as an ‘Attack’ Within Armed Conflict
- 3 Determining the Applicable Legal Framework
- 4 Relevant International Human Rights Law Requirements
- 5 Cyber Operations and Direct Participation in Hostilities
- 6 Cyber Operations Involving Non-State Actors Occurring in the Context of Armed Conflict
- 16 Multinational Operations
- 17 Enforcement
- 5 Conduct of Hostilities and Targeting
- Further Material
