Investigating civilian casualties in time of armed conflict and belligerent occupation : manoeuvring between legal regimes and paradigms for the use of force / by Alon Margalit.
2018
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Citation
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Details
Author
Title
Investigating civilian casualties in time of armed conflict and belligerent occupation : manoeuvring between legal regimes and paradigms for the use of force / by Alon Margalit.
Imprint
Leiden ; Boston : Brill Nijhoff, 2018.
Description
1 online resource.
Series
International humanitarian law series ; 54.
Human Rights and Humanitarian Law E-Books Online, Collection 2018, ISBN ; 9789004353312.
Human Rights and Humanitarian Law E-Books Online, Collection 2018, ISBN ; 9789004353312.
Formatted Contents Note
Front Matter
Copyright Page
Contents
Preface
List of Abbreviations
Introduction
The Investigative Response to Civilian Casualties: More Questions Than Answers
Setting the Normative Framework
'The Trigger Question': When Do Civilian Casualties Require an Investigation?
'The Standards Question': How to Investigate Civilian Casualties?
Translating Investigation Obligations to LOAC Situations
Investigating Civilian Casualties in Practice
Challenges in Classifying and Identifying the Applicable Normative Framework(s)
Investigation Models and Constraints in Domestic Military Justice Systems
Military In-House Investigations and Some Mitigating Arrangements
Civilian Oversight of Military Investigations
Looking Forward
A Proposal for a Permanent Expert Commission
The Duty to Investigate and Shaping the Normative Discourse
Table of Treaties and Other International Instruments
Table of International Cases
Table of Domestic Instruments
Table of Domestic Cases.
Copyright Page
Contents
Preface
List of Abbreviations
Introduction
The Investigative Response to Civilian Casualties: More Questions Than Answers
Setting the Normative Framework
'The Trigger Question': When Do Civilian Casualties Require an Investigation?
'The Standards Question': How to Investigate Civilian Casualties?
Translating Investigation Obligations to LOAC Situations
Investigating Civilian Casualties in Practice
Challenges in Classifying and Identifying the Applicable Normative Framework(s)
Investigation Models and Constraints in Domestic Military Justice Systems
Military In-House Investigations and Some Mitigating Arrangements
Civilian Oversight of Military Investigations
Looking Forward
A Proposal for a Permanent Expert Commission
The Duty to Investigate and Shaping the Normative Discourse
Table of Treaties and Other International Instruments
Table of International Cases
Table of Domestic Instruments
Table of Domestic Cases.
Summary
In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.
Note
Based on author's thesis (doctoral - University of London, 2014), issued under title: Investigating civil casualties in times of armed conflict and occupation.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on print version record and CIP data provided by publisher; resource not viewed.
Location
www
Available in Other Form
Print version: Margalit, Alon, author. Investigating civilian casualties in time of armed conflict and belligerent occupation Leiden ; Boston : Brill Nijhoff, 2018
Access Note
Available to subscribing member institutions only.
Linked Resources
Alternate Title
Brill Human Rights and Humanitarian Law E-Books Online Collection
Language
English
ISBN
9789004368217 (electronic book)
9789004368200 (print)
9789004368200 (print)
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