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
KZ7390 .M37 2018 (Mapit)
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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
XII, 292 pages ; 25 cm.
Series
International humanitarian law series ; v. 54.
Formatted Contents Note
The investigative response to civilian casualties : more questions than answers
'The trigger question': when do civilian casualties require an investigation?
'The standards question': how to investigate civilian casualties?
Translating investigation obligations to LOAC situations
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
A proposal for a permanent expert commission
The duty to investigate and shaping the normative discourse.
'The trigger question': when do civilian casualties require an investigation?
'The standards question': how to investigate civilian casualties?
Translating investigation obligations to LOAC situations
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
A proposal for a permanent expert commission
The duty to investigate and shaping the normative discourse.
Summary
"[This book] 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. [The author] 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."-- Back cover.
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 (269-288) and index.
Call Number
KZ7390 .M37 2018
Language
English
ISBN
9789004368200 hardcover alkaline paper
9004368205 hardcover alkaline paper
9789004368217 (e-book)
9004368205 hardcover alkaline paper
9789004368217 (e-book)
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