Fortin, Katharine
자료유형 | 단행본 |
---|---|
개인저자 | Fortin, Katharine |
서명/저자사항 | The accountability of armed groups under human rights law / Katharine Fortin:Fortin, Katharine. |
발행사항 | Oxford, OX:Oxford University Press,2017. |
형태사항 | xxxii, 430 p;24 cm. |
ISBN | 9780198808381 |
서지주기 | Includes bibliographical references (p. 395-419) and index. |
요약 | "This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-a-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice" -- |
해제 | Provided by publisher. |
일반주제명 | Liability for human rights violations. Non-state actors (International relations) Human rights. War crimes (International law) |
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