Ezequiel Heffes - Böcker

Most armed conflicts today are non-international. These are conflicts in which one or more organized non-State armed groups (NSAG) are fighting either between themselves or against State armed forces. The International Law of Non-International Armed Conflict offers a clear and practical analysis of the application of international humanitarian law (IHL) and international human rights law (IHRL) to limit the effects of non-international armed conflicts (NIACs).This book examines the threshold for the existence of a NIAC and the application of IHL, and explores how treaty and customary rules balance military necessity with humanitarian concerns to regulate the conduct of hostilities and protect persons not participating in the fighting. It also addresses contemporary challenges, such as counter-terrorism operations, environmental protection, and the use of new technologies. Furthermore, the book examines the application of IHRL, particularly in light of the millions living under NSAG control and de facto governance. It also explores mechanisms for ensuring the parties' compliance with international law and accountability for violations, including developments in international criminal law, as well as State and corporate responsibility.Rich in legal analysis and grounded in practice, this volume is an essential resource for scholars, legal practitioners, and advanced students seeking a comprehensive understanding of the legal dimensions of modern armed conflict.

Most armed conflicts today are non-international. These are conflicts in which one or more organized non-State armed groups (NSAG) are fighting either between themselves or against State armed forces. The International Law of Non-International Armed Conflict offers a clear and practical analysis of the application of international humanitarian law (IHL) and international human rights law (IHRL) to limit the effects of non-international armed conflicts (NIACs).This book examines the threshold for the existence of a NIAC and the application of IHL, and explores how treaty and customary rules balance military necessity with humanitarian concerns to regulate the conduct of hostilities and protect persons not participating in the fighting. It also addresses contemporary challenges, such as counter-terrorism operations, environmental protection, and the use of new technologies. Furthermore, the book examines the application of IHRL, particularly in light of the millions living under NSAG control and de facto governance. It also explores mechanisms for ensuring the parties' compliance with international law and accountability for violations, including developments in international criminal law, as well as State and corporate responsibility.Rich in legal analysis and grounded in practice, this volume is an essential resource for scholars, legal practitioners, and advanced students seeking a comprehensive understanding of the legal dimensions of modern armed conflict.

During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.

During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.

Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful book identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. Armed Groups and International Law provides essential peer-reviewed analyses of the place of armed groups in the legal framework. A collaborative effort between eminent scholars from different disciplines, it summarises various points of contention within the study of these armed actors, detailing examples that are highly relevant to the contemporary world, such as Afghanistan and Syria. Addressing law-making, rebel governance and accountability, this illuminating book will be of great benefit to students of international humanitarian law, human rights law, international criminal law, and public international law seeking to expand their understanding of the treatment of armed groups within the international legal system. It will also serve as a useful resource for practitioners working in the area of civilian protection and academics conducting research on armed conflict from a variety of disciplines.

This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict.With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes.The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law.Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.