Human Rights in War

Series Preface
Volume Preface
Contents
About the Series Editor
About the Editor
Contributors
Overview of International Human Rights in War
Introduction
Issues of Concern
Emergence of Human Rights Concerns in Armed Conflict
Public International Law
Protecting People and Prohibiting Weapons
Contemporary Situations
Emerging Themes and Future Directions
Part I: Emergence of Human Rights Concerns in Armed Conflict
Concepts of War and International Human Rights
Introduction
Conceptualizing War
War Studies
Existing Notions of War
State-Maker as War-Maker
Politico-cultural War
Conceptualizing International Human Rights
Universal Declaration of Human Rights
International Human Rights Law
Conclusion
References
Human Rights and the Just War Tradition
Introduction: Contemporary Thinking About Human Rights and War
Deeper Historical Survey of the Idea of Rights and Its Relation to Just War
Changes in the Modern Period
Developments Leading to the Present
Conclusion
References
Humanitarian Restraints in Early Modern Warfare
Introduction
Historical Developments Prior to 1850
Kill Them All and Let God Sort Them Out!
In the Beginning
The Middle Ages
The Beginning of Modern Times
Historical Developments from 1850 to 1900
Rise of the Humanitarians
Lieber Code
Rise of Humanitarian Conference Diplomacy
Historical Developments from 1900 to The Great War
LOAC´s Compliance Challenges
More Humanitarian Conference Diplomacy
The Great War
Conclusion
Cross-References
References
Contemporary Humanitarian Intervention
Introduction
Humanitarian Intervention: Definitions as Normative Qualifications
Humanitarian Intervention: Toward a Rules-Based International Order?
Rules and/or Power?
State Sovereignty
Who Acts? Who Decides?
The ``Problem´´ of Power
Humanity
The End of Interventionism?
Conclusion: Toward a Tragic International Order?
Cross-References
References
Part II: Public International Law Systems
International Human Rights Law and States of Emergency
Introduction
Analytical Framework: State of Emergency in an Ideological, Historical, and Societal Context
The Role of the Sovereign
The Threat from the Other
Securitization
The Origins of and National Variations in the Doctrine of Emergency
Suspension of Law and Dictatorship in Rome
State of Siege and France
Martial Law and the United Kingdom
The Weimar Constitution in the Interwar Period and Militant Democracy in Post-War Germany
The US Constitution
Emergency Powers and Constitutional Necessity in Sweden
International Law Framework
Accommodation of and Derogation from Human Rights Norms in the State of Peace
Derogation from Human Rights Norms in the State of Emergency
The European Convention on Human Rights
The International Covenant on Civil and Political Rights
The Gap in International Human Rights Law and International Humanitarian Law in the Protection of Individuals
Widening the Use of States of Emergency
Counterterrorism
Arab Spring
Migration Crisis
Contagious Diseases and Pandemics
Ebola Outbreak in Western Africa
COVID-19 Pandemic
WHO as a Global Emergency Regime
Economic Crises
Conclusions
References
Laws of Political Violence
Introduction
Political Violence
Fields of Law
Outlawing War: Prohibiting the Use of Armed Force in International Affairs
Restraining War´s Fury: International Humanitarian Law
Prosecuting Mass Atrocity: International Criminal Law
Suppressing Terrorism and Arms Trafficking: Transnational Criminal Law
Sites of Struggle
Conclusion
Cross-References
References
Instruments of International Law
The Interplay Between International Humanitarian and Human Rights Law When Applied During International Criminal Trials
Introduction
Fair Trial Rights
Systematic Violations of IHRL Versus Serious Violations of IHL
Cumulative Charging and Convictions
Challenges Resulting from Dual Application
Concluding Remarks
Cross-References
References
International Committee of the Red Cross and the Use of International Human Rights Law
Introduction
Right to Nondiscrimination
Right to Life
Murder, Extermination, and Summary Executions
Torture or Other Forms of Ill-Treatment
Inhumane Conditions of Detention
Slavery and Forced Labor
Recruitment of Children into Armed Forces
Violation of the Due Process of Law
Arbitrary or Unlawful Arrest or Detention
Disrespect of Judicial Guarantees
Violations with Respect to the Family Unit
Enforced Disappearance
Violation of Rules Related to Movement
Deprivation of Property
Conclusion
References
Part III: Protecting People and Prohibiting Weapons
Rights and Duties of Civilians in Armed Conflict
Introduction
Duties of Civilians
Rights of Civilians Under International Law
Distinction
Proportionality
Conclusion
Cross-References
References
Cases and Reports
Protecting Children in Armed Conflict
Introduction
Development of the Child Protection Framework
Review of the Literature
Development of the ``Child in Armed Conflict´´ and Contemporary Understandings
A Focus on Child Soldiers
Children as Women, or as Accessories to Women
Social Constructivist and Critical Feminist Approaches
Disaster Response Studies
Conclusion
Cross-References
References
Civil Society Coalitions and the Humanitarian Campaigns to Ban Landmines and Cluster Munitions
Introduction
Antipersonnel Landmines
Non-state Armed Groups
Cluster Munitions
Conclusion
References
Small Arms and Light Weapons
Introduction
The SALW Profile
SALW Restraint Repertoire
International Human Rights, Humanitarian, and Criminal Law Considerations
A Stronger SALW Restraint Order?
Conclusions
References
Reports
Protection of Individuals Hors de Combat
Introduction
Protection of Individuals Hors de Combat under International Humanitarian Law
The Notion of Individuals Hors de Combat
Civilians Taking a Direct Part in Hostilities
Applicability of the Concept of Hors de Combat in Non-international Armed Conflict
Specific Protections for Enemies Hors de Combat
Prohibition of Attack
Duty to Ensure the Safety of Enemies Hors de Combat
Procedural Safeguards relating to Deprivation of Liberty and Basic Fair Trial Guarantees
Parallel and Complementary Protection under International Human Rights Law
Application of International Human Rights Treaties in Times of Armed Conflict
The Right to Life and the Prohibition of Ill-Treatment
Substantive Protection
Positive Obligations to Investigate Killings and Acts of Ill-Treatment
The Right to Liberty
Basis for Detention
Procedural Safeguards
Mechanisms of Enforcement and the Right to an Effective Remedy under IHRL
Conclusion
Cross-References
References
Part IV: Contemporary Situations
ISIS´s Sexual Slavery of Yazidi Women and Girls
Introduction
Protection from Sexual Slavery Under International Law
Sexual Slavery of Yazidi Women and Girls
Response to ISIS´s Sexual Slavery
Prosecution by National Courts
Prosecution by the International Criminal Court
Prosecution by Courts of Third States
Conclusion
References
Confronting Human Rights Violations in Ukraine
Introduction
Background
Legal Challenges
Where Are Obligations Owed?
Ukraine: Obligations in Crimea and the Eastern Regions
Russia: Obligations in Crimea and the Eastern Regions
Who Owes the Obligations?
What Standard of Obligations Are Owed?
Practical Challenges
Conclusion
References
Human Rights Violations in Yemen and the Prospects for Justice
Introduction
Current Armed Conflict in Yemen
Background
Yemen´s International Obligations
Classifying the Armed Conflict in Yemen
IHR and IHL Violations and Abuses
Principles of Distinction, Proportionality, and Precaution
Recruitment of Children to Armed Forces
Arbitrary Detention and Freedom of Expression
Other Violations
Responses to Violations and Abuses
Domestic-Level Responses
United Nations Institutions and Mechanisms
Civil Society
Postconflict Transitional Justice
Conclusion
References
Books/Chapters/Journals
United Nations documents
News/Other
Fractured Lives of the Rohingya Victims of Genocide in Attrition in Myanmar
Introduction
Literature Review
Method
Data Analysis: Coding the Interview Transcripts
Findings
Territorial Segregation
Identification
Persecution and Forced Displacement
Restriction on Religious Practices
Restriction on Movement
Restriction on Marriage and Imposition of the Two-Child Policy
Rape and Sexual Assault
Conclusion
References
Human Rights and Counterterrorism: The American ``Global War on Terror´´
Introduction: Constructing Plausible Legality
Recasting Torture as ``Enhanced Interrogation Techniques´´
Exploiting Loopholes and Gaps in Detention and Targeting Law
Conclusion: The Paradox of Legal Constraint
Cross-References
References
Part V: Emerging Themes and Future Directions
Anthropolemos
Introduction
Anthropocene and Modernity
Waging War on Nonhuman Life
Rewilding and Misanthropy
Conclusion
Cross-References
References
An Evolving Research Agenda for International Human Rights in War
Introduction
Volume´s Contribution to Knowledge
Diverse Approaches
New and Emerging Issues
References
Index