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E-raamat: Armed Non-State Actors in International Humanitarian and Human Rights Law: Foundation and Framework of Obligations, and Rules on Accountability [Taylor & Francis e-raamat]

  • Formaat: 320 pages
  • Ilmumisaeg: 04-Dec-2017
  • Kirjastus: Routledge
  • ISBN-13: 9781315563114
  • Taylor & Francis e-raamat
  • Hind: 193,88 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 276,97 €
  • Säästad 30%
  • Formaat: 320 pages
  • Ilmumisaeg: 04-Dec-2017
  • Kirjastus: Routledge
  • ISBN-13: 9781315563114
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Table of Case haw
vii
Table of International Conventions
xiii
Table of Other Agreements
xxi
Table of Documents from International Organizations
xxvii
Table of Travaux Preparatoires
xlv
Table of National Documents
xlvii
Table of Documents from Non-Governmental Organizations
liii
List of Abbreviations
lvii
Preface lix
Introduction 1(6)
1 Notion of Armed Non-State Actors
7(32)
Non-State Actors: the Genus of Armed Non-State Actors
7(2)
Armed Non-State Actors
9(29)
Terminology
9(1)
The Characteristics of Armed Non-State Actors
10(28)
Concluding Remarks
38(1)
2 Classification of Armed Non-State Actors
39(16)
De Facto Entities
39(7)
Application of Public International Law Norms to De Facto Entities
41(2)
The Role of Effectiveness
43(3)
Armed Non-State Actors in Control of (a Certain) Territory
46(3)
Common Article 3 Armed Non-State Actors
49(6)
3 Obligations and Accountability of Armed Non-State Actors in International Humanitarian Law
55(84)
Introduction
55(3)
The Legal Basis of Obligations of Armed Non-State Actors
58(41)
Direct Obligations
59(19)
Indirect Obligations
78(21)
The Obligations of Armed Non-State Actors
99(13)
The Extent of Obligations: From Numerable Rules to Wider Obligations
99(6)
Between Over- and Under- Regulation: Does One Size Fit All Armed Non-State Actors?
105(7)
Accountability Norms: Problems and Prospects
112(24)
Non-State Actors Within State-centred International Law
117(4)
Attributing Conduct to Armed Non-State Actors
121(6)
Reparations
127(2)
Remedies / Reparation Mechanisms
129(3)
Reparations and Remedies: Further Prospects
132(4)
Concluding Remarks
136(3)
4 Obligations and Accountability of Armed Non-State Actors in International Human Rights Law
139(66)
Accountability in Human Rights Law: Justification, Theory and Practice
140(42)
Why Should Armed Non-State Actors be Held Accountable under Human Rights Law?
141(5)
Legal Basis for Obligations Under Human Rights Law
146(22)
Are Armed Non-State Actors Bound by Human Rights? Evaluating Practice
168(14)
Mapping Accountability: Actors, Extent of Obligations and Implementation
182(21)
Which Actors Are Bound?
183(2)
The Extent of Human Rights Obligations
185(12)
Putting the Accountability of Armed Non-State Actors into Operation
197(6)
Concluding Remarks
203(2)
5 The Obligations and Accountability of Armed Non-State Actors: Concluding Remarks
205(4)
Bibliography 209(22)
Index 231
Konstantinos Mastorodimos studied law at Queen Mary College, University of London (Phd), the Democritus University of Thrace (LLM), the University of Geneva (LLM/MAS) and the Aristotle University of Thessaloniki (LLM, Degree). He has published on topics relating to public international law, international humanitarian law, human rights law and constitutional law. He is currently employed at the Hellenic Coast-Guard.