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Belligerents’ Detention Practices in Afghanistan, Syria and Ukraine
Author: Jelena Plamenac
This book explores how States and armed groups deprive us of liberty in armed conflict. Intriguing insights into original field records of internal laws and first-hand testimonies by fighters and humanitarians reveal hidden patterns of belligerents’ controversial behaviours in relation to three complex aspects of security detention in non-international armed conflict that remain unsettled in international law – permissible grounds, procedural guarantees, and transfer standards. As you flip through the pages of this fascinating book, you will gain a new understanding of where the boundary of unlawful confinement lies between local and international law and why we need a new international legal framework to protect us from arbitrariness in the warring parties’ decision to detain.
In: Unravelling Unlawful Confinement in Contemporary Armed Conflicts
In: Unravelling Unlawful Confinement in Contemporary Armed Conflicts
In: Unravelling Unlawful Confinement in Contemporary Armed Conflicts
In: Unravelling Unlawful Confinement in Contemporary Armed Conflicts
In: Unravelling Unlawful Confinement in Contemporary Armed Conflicts
In: Unravelling Unlawful Confinement in Contemporary Armed Conflicts
Authors: Azra Kuci and Jelena Plamenac

Abstract

IHL has often been deemed outdated and frozen inside a rigid framework, unable to provide an adequate response to the changing reality of armed conflict. The present article contests such a view, arguing that IHL is an expanding corpus juris with legal means to address these challenges. The authors identify two main currents of IHL expansion: implementing legislative measures, which comprise all measures taken at the national level to implement existing IHL rules; and developing legislative measures, which come into existence at the international or national level as a response to the specific challenges – including international treaties focusing on specific topics, customary rules, decisions of international tribunals, and national legislation and jurisprudence. The authors further examine the effect of these measures on IHL, arguing that national implementing measures and developing measures taken at the international level have resulted in the advancement and strengthening of IHL rules, as well as in an increase in the protection afforded by these rules. By contrast, the authors conclude that developing legislative measures adopted by some States at the national level are inconsistent with the main principles of IHL, and have an inhibiting effect on compliance with IHL rules.

In: The Companion to International Humanitarian Law