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Oxford Law Citator
Contents
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Preliminary Material
[No Title]
Foreword
Preface
Table of Contents
Table of Cases
European Commission of Human Rights
European Court of Human Rights
Inter-American Commission on Human Rights
Inter-American Court of Human Rights
International Court of Justice
International Criminal Court
International Criminal Tribunal for Rwanda
International Criminal Tribunal for the Former Yugoslavia
Special Court for Sierra Leone
UN Committee against Torture
UN Human Rights Committee
National Cases
Canada
Colombia
Germany
Israel
United Kingdom
USA
US Military Tribunal at Nuremberg
Table of Treaties and Other Instruments
List of Abbreviations
General
5 (Northern Ireland)
6 (DRC)
7 (Colombia)
8 (Afghanistan)
9 and 12 (Gaza and Lebanon)
10 (South Ossetia)
11 (Iraq)
List of Contributors
Main Text
Part I
1 Introduction
2 The Nature of War and the Character of Contemporary Armed Conflict
1 Introduction
2 Clausewitz and the nature of war
2.1 Clausewitz and ‘New Wars’ theory
3 The changing characteristics of modern armed conflict
3.1 Regular warfare
3.1.1 A fourth generation of war?
3.2 Irregular war
3.2.1 Insurrection, insurgency, guerilla (and urban guerilla) warfare
3.2.2 Complex irregular warfare
3.2.3 Advanced irregular warfare
3.2.4 Compound warfare
3.2.5 Hybrid warfare
3.2.6 Criminal warfare and insurgency
3.2.7 Terrorism
3.3 Cosmopolitan action
4 Conclusions
3 Classification of Armed Conflicts: Relevant Legal Concepts
1 Introduction
2 History of the distinction between international and non-international armed conflicts
3 Consequences of the distinction between international and non-international armed conflicts
4 Why does the distinction exist and should it be abolished?
5 The scope of application of international humanitarian law: international armed conflicts
5.1 Inter-state conflict
5.1.1 War
5.1.2 Armed conflict
5.1.3 Occupation
5.2 Self-determination conflicts of national liberation under article 1(4) of Additional Protocol I
5.3 Recognition of belligerency
6 The scope of application of international humanitarian law: non-international armed conflicts
6.1 Common Article 3
6.2 Additional Protocol II
6.3 A third threshold?
7 Foreign intervention in non-international armed conflicts
7.1 Foreign intervention on the side of a non-state armed group against a State
7.2 Foreign intervention at the invitation (or with consent) of a State against a non-state group
7.3 Mixed conflicts
8 Intervention by multinational forces under UN command or authorized by the UN
9 Extraterritorial conflicts with non-state armed groups
4 Conflict Classification and the Law Applicable to Detention and the Use of Force
1 Introduction
2 Applicable law—an overview
3 Detention in armed conflict
1)
2)
3)
4)
3.1 Internment in armed conflict: international armed conflict
3.1.1 POW internment
3.1.2 Internment of civilians
3.2 Internment in armed conflict: non-international armed conflict
3.2.1 Ways forward
3.3 Transfer of detainees
Non-refoulement
3.3.1 Ways forward
4 The use of force in armed conflict
4.1 Rules on the conduct of hostilities in armed conflict
4.1.1 Meaning of the term ‘direct participation in hostilities’
4.2 Use of force in occupied territory
4.3 Use of force under human rights law
5 Concluding remarks
Part II
5 Northern Ireland 1968–1998
1 Introduction
2 General summary of the conflict
2.1 The rival forces
2.1.1 The Security Forces in Northern Ireland (SFNI)
2.1.2 Republican groups
2.1.3 Loyalist groups
2.2 Civil disturbances 1968–1971
2.3 Insurgency 1971–1974
2.4 Terrorism 1975–1994
2.5 Conflict resolution 1994–1998
3 Classification of the hostilities
3.1 Views of the parties and others on classification
3.1.1 The United Kingdom
3.1.2 PIRA
3.1.3 Others
3.2 Analysis of the classification
4 The application of force
4.1 The ‘shoot to kill’ controversy
5 Detention
5.1 Internment
5.2 Special category status
6 Other issues
6.1 Weapons issues
6.2 Interrogation
7 Conclusions
Chronology
6 The Democratic Republic of the Congo 1993–2010
1 Introduction
2 The legacy of Colonialism and the Cold War: March 1993–summer 1996
2.1 History
2.2 Classification of the conflict
2.2.1 Classification of the conflict by the parties and by others
2.2.2 Author’s classification
2.3 The use of force
2.4 Detention
2.5 Co-applicability of international humanitarian law and international human rights law
3 The First Congo War: from a global site of conflict to a regional one (July 1996–July 1998)
3.1 History
3.2 Classification of the conflict
3.2.1 Classification of the conflict by the parties and by others
3.2.2 Author’s classification
3.3 The use of force in armed conflict
3.4 Detention
3.5 The concurrent applicability of international human rights law
4 The Second Congo War: Africa’s World War (2 August 1998–July 2003)
4.1 History
4.2 Classification of the conflict
4.2.1 Classification of the conflict by the parties and by others
4.2.2 Author’s classification
‘3.1
3.2
4.3 Use of force
4.4 Detention
4.5 International human rights law
5 Transition or repetition? (2003–2011)
5.1 History
5.2 Classification of the conflict
5.2.1 Classification of the conflict by the parties and by others
5.2.2 Author’s classification
5.3 The use of force
5.4 Detention
5.5 International human rights law
6 Conclusion: Framing the DRC within the law
6.1 Difficulties of classification
6.2 Use of force and detention
6.3 Looking to the future
Chronology
7 Colombia
1 Introduction
2 Brief outline of the Colombian hostilities
2.1 The 1960s
2.2 The 1970s
2.3 The 1980s
2.4 Early 1990s to 2002
2.4.1 Paramilitary groups
2.5 2002 to the present day
2.5.1 FARC and ELN
2.5.2 Paramilitary groups
2.5.3 The emergence of new armed groups
2.6 Effects of the armed conflict
3 Classification of the Colombian conflict by the relevant actors
3.1 Colombia
3.2 FARC
3.3 ELN
3.4 AUC
3.5 Other States
3.5.1 Ecuador
3.5.2 Venezuela
3.5.3 The US
3.6 Other institutions
4 Authors’ classification of the Colombian conflict
4.1 Has the Colombian armed conflict been ‘internationalized’ through the intervention of foreign States?
4.2 Recognition of belligerency? The case of FARC
4.3 The relationship between paramilitary groups and the Colombian government, as it affects the classification of the armed conflict
4.4 Can criminal violence ever qualify as an armed conflict?
4.5 Classification of hostilities involving groups active in the Colombian armed conflict
5 Rules on opening fire
1
2
3
4
6 Rules on detention
7 Operation Phoenix
7.1 Classification of Operation Phoenix by the participants and others
7.1.1 Colombia
7.1.2 Ecuador
7.1.3 Responses by other States to Operation Phoenix
7.2 Authors’ classification of Operation Phoenix
7.3 Rules on opening fire in Operation Phoenix
7.4 Rules on detention in Operation Phoenix
8 Conclusions
Chronology
8 Afghanistan 2001–2010
1 Introduction
2 October 2011 to the installation of Hamid Karzai
2.1 Views of the parties on classification of the hostilities
2.1.1 Who were the parties?
a Taliban/Al-Qaeda
b The Coalition
2.1.2 Classification of the conflict by the parties
1
a
b
c
d
2.2 Author’s view of the classification of the conflicts
3 The installation of Hamid Karzai to the present
3.1 Views of the parties as to classification of the conflicts
3.1.1 Operation Enduring Freedom (OEF)
3.1.2 ISAF
3.2 Author’s view of the classification of the conflicts
4 Rules on opening fire
5 Rules on detention
5.1 First phase of the conflicts: October 2001–June 2002
5.2 Second phase of the conflicts: June 2002–present
5.3 Transfer
6 International human rights law
7 Conclusions
7.1 Classification
7.2 Consequences
7.3 In sum
Chronology
9 Gaza
1 Introduction
2 Description of the situation
2.1 Background
2.2 Restrictions relating to Gaza
2.3 The aims of Hamas
3 The views of States and others on the classification of the conflict
3.1 Before disengagement (2000–2005)
3.1.1 Israel’s views
3.1.2 Hamas’ views
3.2 Israel’s disengagement from Gaza (2005 onwards)
3.2.1 Israel’s views
3.2.2 Hamas’ views
3.2.3 Views of other States
3.3 Hamas’ accession to power in Gaza (2007)
4 Author’s analysis of the classification of the conflict (September 2000–March 2011)
4.1 Withdrawal of troops leading to termination of occupation?
4.2 Inability to carry out obligations of occupier?
4.3 Israel’s continuing control
4.4 A separate conflict with Hamas?
5 Rules on application of force
6 Rules on capture and detention
7 Other significant problems of international humanitarian and human rights law
8 Conclusions
Chronology
10 South Ossetia (2008)
1 Introduction
2 The hostilities
2.1 Historical context
2.2 Events of August 2008
2.2.1 The armed conflict
2.2.2 The ceasefire agreement
2.3 The aftermath of the conflict
2.3.1 The buffer zone
3 Views of the parties and others on conflict classification
3.1 Russia
3.2 Georgia
3.3 South Ossetia
3.4 Other parties
3.5 The International Independent Fact-Finding Mission on the Conflict in Georgia (IIFFMCG)(the Tagliavini Report)
4 Author’s analysis of classification
4.1 International armed conflict
4.2 A concurrent, non-international armed conflict
4.3 The extent of Russian control over South Ossetia
i
ii
iii
iv
4.4 Russia’s presence in South Ossetia
5 Use of force and detention
5.1 Domestic law on the use of force, on capture and detention, and other international humanitarian law problems
5.2 Treatment of detainees and other significant international humanitarian law problems
5.3 Detainees
5.4 Russia’s responsibilities as an occupying power
5.5 The Georgian law on occupied territories
6 Conclusions
6.1 Difficulties of classification
6.2 Consequences of classification for international humanitarian law
6.3 Application of human rights law
6.4 Impact of classification for application of the law
Chronology
11 Iraq (2003 onwards)
1 Introduction
2 Classification of the conflict
2.1 Phase I: international armed conflict
2.1.1 Views of the parties and others
2.1.2 Author’s analysis of classification
2.2 Phase II: belligerent occupation
2.2.1 Views of the parties and others
1)
2)
2.2.2 Author’s analysis of classification
2.3 Phase III: non-international armed conflict
2.3.1 Views of the parties and others
2.3.2 Author’s analysis of classification
1
2
3
3 Rules on capture and detention
4 Rules on use of force
5 Other significant problems of international humanitarian law
6 Conclusions
1)
2)
3)
4)
Chronology
12 Lebanon 2006
1 Introduction
1.1 Context
1.2 The initiation and conduct of the hostilities
2 The views of the relevant States and others on the classification of the conflict
2.1 Israel
2.2 Lebanon
2.3 Views expressed by other States in the Security Council and other fora
2.4 Official UN statements
3 Author’s analysis of the classification of the conflict
3.1 The conflict between Israel and Lebanon
3.2 The conflict between Israel and Hezbollah
4 The rules governing the application of force
5 Rules on capture and detention
6 Conclusions
6.1 Difficulties of classification
6.2 Whether classification had practical consequences
Chronology
13 The War (?) against Al-Qaeda
1 Introduction
2 Background to the hostilities
2.1 Al-Qaeda
3 Views of the parties and of others on conflict classification
3.1 The United States
3.2 Al-Qaeda and territorial States
3.3 Other States and entities
4 Author’s analysis of the classification (or existence) of the conflict
1)
2)
3)
4)
5)
4.1 International armed conflict
4.2 Non-international armed conflict
4.3 Part of pre-existing armed conflict
4.4 New type of conflict
4.5 No armed conflict
5 Rules on application of force
6 Rules on detention
6.1 Guantánamo and formal detention
6.2 Secret detention and detention by proxy
7 Rules on other significant problems of international humanitarian law
7.1 Drones
7.2 Individual status
8 Conclusions
8.1 Difficulties of classification
8.2 Consequences of classification for international humanitarian law
8.3 Application of human rights law
8.4 Impact of classification for application of the law
14 Classification in Future Conflict
1 Introduction: understanding future conflict
2 Cyber warfare
3 Transnational terrorism
4 Complex battlespaces
5 Law’s influence on future conflict
6 Conclusions
Part III
15 Conclusions
1 Introduction
2 Case studies: problems of classification
2.1 Non-international armed conflict
2.2 Issues of recognition
2.3 Extraterritorial operations against non-state groups
2.4 Occupation and hostilities within an occupation
2.5 Operations established or authorized by the UN Security Council
2.6 Attribution
2.7 Mixed or parallel conflicts
2.8 Geography
3 Case studies: the legal and practical consequences of classification
3.1 Few or no consequences
3.2 The consequences of classification for the application of force, detention, and other issues of international humanitarian law and international criminal law
3.2.1 Application of force
3.2.2 Detention
3.2.3 International human rights law
3.2.4 International criminal law
4 Conclusions
Further Material
Index
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Index
Edited By: Elizabeth Wilmshurst
From:
International Law and the Classification of Conflicts
Edited By: Elizabeth Wilmshurst
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
02 August 2012
ISBN:
9780199657759
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