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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Unravelling Unlawful Confinement in Contemporary Armed Conflicts: Belligerents’ Detention Practices in Afghanistan, Syria and Ukraine


ISBN13: 9789004470538
Published: November 2021
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £128.00



Despatched in 13 to 15 days.

This book explores how States and armed groups deprive us of liberty in armed conflict. Intriguing insights into original field records of internal laws and first-hand testimonies by fighters and humanitarians reveal hidden patterns of belligerents’ controversial behaviours in relation to three complex aspects of security detention in non-international armed conflict that remain unsettled in international law – permissible grounds, procedural guarantees, and transfer standards. As you flip through the pages of this fascinating book, you will gain a new understanding of where the boundary of unlawful confinement lies between local and international law and why we need a new international legal framework to protect us from arbitrariness in the warring parties’ decision to detain.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
Introduction
Chapter 1. Introducing the Legal Quandary about Internment in Non-International Armed Conflict
Chapter 2. Exploring the Legal Approaches to Internment in Armed Conflict
Chapter 3. Initiating the Empirical Quest: Methodology
Chapter 4. The Hidden Dimension of States’ Detention in Non-International Armed Conflict
Chapter 5. The Plurality of Armed Non-State Actors’ Detention in Non-International Armed Conflict
Chapter 6. Objectivising Internment
Chapter 7. Epilogue
The Roadmap to Legislating Unlawful Confinement in Non-International Armed Conflict
Bibliography
Annex I – Interview Questionnaire
Index