Detention in Non-International Armed Conflict by Lawrence Hill-CawthorneDetention in Non-International Armed Conflict by Lawrence Hill-Cawthorne

Detention in Non-International Armed Conflict

byLawrence Hill-Cawthorne

Hardcover | April 6, 2016

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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 containsno 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 detentionpractices 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 internationalhuman 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 treatyinterpretation. 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 existingobligations of States and non-State armed groups.
Lawrence Hill-Cawthorne is a Lecturer in the School of Law at the University of Reading. Previously he was a Graduate Teaching Assistant in Public International Law at the University of Oxford; Stipendiary Lecturer in Law at Merton College, Oxford; and British Research Council Fellow at the Kluge Center in the Library of Congress, Wash...
Title:Detention in Non-International Armed ConflictFormat:HardcoverDimensions:272 pages, 9.21 × 6.14 × 0.03 inPublished:April 6, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198749929

ISBN - 13:9780198749929

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Table of Contents

IntroductionPart I: Context1. The Distinction between International and Non-International Armed ConflictsPart II: International Humanitarian Law2. Detention in International Armed Conflict3. Detention in Non-International Armed ConflictPart III: International Human Rights Law4. Detention under International Human Rights Law5. Detention and the Relationship between IHL and IHRL6. Practical Application of IHRL to Detention in Non-International Armed ConflictPart IV: Developing the Law7. Developing a Detention Regime for Non-International Armed Conflicts