Full Description
The primary focus of this book is the laws of war, also referred to as the international law of armed conflict and international humanitarian law. There are two aspects to the laws of war, jus ad bellum, the rules governing resort to armed conflict, and jus in bello, the rules governing the conduct of armed conflict. The purpose of the book is to inform police officials about the latter. It is also written for other State officials, including the military, who may carry out police operations, educators and trainers of police and those who monitor or investigate police or otherwise seek to hold them accountable.
In addition to considering rules of behaviour in actual armed conflict, the book focuses on police conduct in those forms of conflict that fall below the armed conflict threshold, that is to say situations of internal disturbance and tension. Whilst the laws of war are not legally applicable in such situations, it is argued here that some of its principles and provisions should form an important element in the strategy and tactics of policing civil disturbances, especially when they are serious in terms of scale or intensity of violence.
Contents
Preface; Introduction;
Part I The Legal Framework
1. Introduction to the Laws of War
A. Introduction; B. Laws of War: Sources and Historical Development; C. Field of Application; D. Combatants and Non-Combatants; E. The Laws of War and International Human Rights Law; F. The Lawful Limits on Human Rights; G. Means to Secure Compliance; H. The Duty to Investigate;
2. Conduct of Hostilities and Public Order Operations
A. Introduction; B. International Armed Conflict; C. Non-International Armed Conflict; D. Disturbance And Tension; 3. Protection of Detainees; A. Introduction; B. International Armed Conflict; C. Non-International Armed Conflict; D. Disturbance and Tension;
4. Protection of the Vulnerable
A. Introduction; B. Wounded and Sick; C. Civilians; D. Refugees and Internally Displaced Persons; E. Women; F. Children; G. Members of Racial or Ethnic Minority Groups;
5. Responses to Terrorism
A. Introduction; B. Terrorism and the Laws of War; C. Characteristics and Definitions of Terrorism; D. International Measures to Counter Terrorism; E. Victims of Terrorism; F. States' Responses to Terrorism
Part II Summaries of International Cases
1. Introduction to the Laws of War
A. Introduction ; B. Case Summaries
(a) Kepa Urra Guridi v. Spain (Committee against Torture)
2. Conduct of Hostilities and Public Order Operations
A. Introduction ; B. Case Summaries
(a) Prosecutor v. Ljube Boškoski and Johan Tarčulovski (International Tribunal for the former Yugoslavia); (b) Sudan Human Rights Organisation et al. v. the Sudan and Centre on Housing Rights and Evictions v. the Sudan (African Commission on Human and Peoples' Rights); (c) Montero Aranguren et al. case (Venezuela), the "Detention Centre of Catia" case (Inter-American Court of Human Rights) ; (d) Isayeva v. Russia (European Court of Human Rights) ; (e) Giuliani and Gaggio v. Italy (European Court of Human Rights);
3. Protection of Detainees
A. Introduction; B. Case Summaries
(a) Yasoda Sharma v. Nepal (Human Rights Committee); (b) Opinion No. 44/2005 (Iraq and United States of America) (Working Group on Arbitrary Detention); (c) Opinion No. 26/2007 (Israel) (Working Group on Arbitrary Detention); (d) Luluyev and Others v. Russia (European Court of Human Rights);
4. Protection of the Vulnerable
A. Introduction; B. Case Summaries
(a) Marcellana and Gumanoy v. Philippines (Human Rights Committee); (b) De La Cruz Flores case (Peru) (Inter-American Court of Human Rights);
5. Responses to Terrorism
A. Introduction; B. Case Summaries
(a) Ahmed Hussein Mustafa Kamil Agiza v. Sweden (Committee against Torture); (b) Opinion No. 3/2004 (Israel) (Working Group on Arbitrary Detention); (c) Opinion No. 47/2005 (Yemen) (Working Group on Arbitrary Detention); (d) Opinion No. 29/2006 (United States of America) (Working Group on Arbitrary Detention); (e) Opinion No. 43/2006 (United States of America) (Working Group on Arbitrary Detention); (f) Opinion No. 11/2007 (Afghanistan and United States of America) (Working Group on Arbitrary Detention); (g) Opinion No. 2/2009 (United States of America) (Working Group on Arbitrary Detention); (h) Opinion No. 3/2009 (United States of America) (Working Group on Arbitrary Detention);
PART III International Instruments
1A. Convention (IV) Respecting the Laws and Customs of War on Land (Hague Convention IV of 1907); 1B. Annex to the Convention: Regulations Respecting the Laws and Customs of War on Land (Hague Regulations of 1907); 2. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Geneva Convention I); 3. Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Geneva Convention II); 4. Geneva Convention relative to the Treatment of Prisoners of War (Geneva Convention III); 5. Geneva Convention relative to the Protection of Civilian Persons in Time of War (Geneva Convention IV); 6. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I); 7. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II); 8. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III); 9. International Convention for the Suppression of Terrorist Bombings; 10. International Convention for the Suppression of the Financing of Terrorism; 11. Council of Europe Convention on the Prevention of Terrorism;
Table of Cases
(a) Human Rights Committee; (b) Committee on the Elimination of Racial Discrimination; (d) Working Group on Arbitrary Detention; (e) International Court of Justice; (f) International Tribunal for the former Yugoslavia; (g) African Commission on Human and Peoples' Rights; (h) Inter-American Court of Human Rights; (i) European Court of Human Rights;
Table of Instruments
(a) Laws of war; (b) Universal Declaration of Human Rights and universal human rights treaties; (c) Regional human rights treaties; (d) Non-treaty human rights instruments; (e) Other international instruments.
