Detention in Non-International Armed Conflict (Oxford Monographs in International Humanitarian and Criminal Law)

"International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts (including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq) it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups"--Book jacket. Read more... Abstract: Detention under international law is highly regulated, but the law appears to be silent on non-international armed conflicts. This book uses case studies to examine the extent to which international humanitarian law can be applied in non-international contexts, and sets out a concrete proposal for how the law might develop in this area. Read more... International Law Has Long Differentiated Between International And Non-international Armed Conflicts, Traditionally Regulating The Former Far More Comprehensively Than The Latter. This Is Particularly Stark In The Case Of Detention, Where The Law Of Non-international Armed Conflict Contains No Rules On Who May Be Detained, What Processes Must Be Provided To Review Their Detention, And When They Must Be Released. Given That Non-international Armed Conflicts Are Now The Most Common Form Of Conflict, This Is Especially Worrying, And The Consequences Of This Have Been Seen In The Detention Practices Of States Such As The Us And Uk In Iraq And Afghanistan. This Book Provides A Comprehensive Examination Of The Procedural Rules That Apply To Detention In Non-international Armed Conflict, With The Focus On Preventive Security Detention, Or 'internment'. All Relevant Areas Of International Law, Most Notably International Humanitarian Law And International Human Rights Law, Are Analysed In Detail And The Interaction Between Them Explored. The Book Gives An Original Account Of The Relationship Between The Relevant Rules Of Ihl And Ihrl, Which Is Firmly Grounded In General International Law Scholarship, Treating The Issue As A Matter Of Treaty Interpretation. With That In Mind, And With Reference To State Practice In Specific Non-international Armed Conflicts - Including Those In Sri Lanka, Colombia, Nepal, Afghanistan, And Iraq - It Is Demonstrated That The Customary And Treaty Obligations Of States Under Human Rights Law Continue, Absent Derogation, To Apply To Detention In Non-international Armed Conflicts. The Practical Operation Of Those Rules Is Then Explored In Detail. The Volume Ends With A Set Of Concrete Proposals For Developing The Law In This Area, In A Manner That Builds Upon, Rather Than Replaces, The Existing Obligations Of States And Non-state Armed Groups--dust Jacket. Introduction -- Pt. I. Context -- The Distinction Between International And Non-international Armed Conflict -- Pt. Ii. International Humanitarian Law -- Internment In International Armed Conflict Under Ihl -- Internment In Non-international Armed Conflict Under Ihl -- Pt. Iii. International Human Rights Law -- Detention Under Ihrl -- Detention And The Relationship Between Ihl And Ihrl -- The Practical Application Of Ihrl To Detention In Non-international Armed Conflict -- Pt. Iv. Developing The Law -- Conclusion : Developing An Internment Regime For Non-international Armed Conflicts. Lawrence Hill-cawthorne. Includes Bibliographical References (pages [245]-268) And Index. "International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts (including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq) it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups"--Jaquette