دانلود کتاب The Grey Zone: Civilian Protection Between Human Rights and the Laws of War

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Preface\nContents\nList of Contributors\nTable of Cases\nTable of Treaties and Other International Acts\nAbbreviations\nIntroduction\n I. Scope of Application\n II. Relationship between Norms\n III. Implementation and Availability of Remedies\n IV. Rights, Remedies and Developments\nPart I: Rights\n 1. Who Is a Civilian? Membership of Opposition Groups and Direct Participation in Hostilities\n I. Introduction\n II. The Civilian in International Humanitarian Law\n III. Direct Participation in Hostilities in IHL—Defining the Term in Treaties and State Practice\n IV. Defining Direct Participation in Other Instruments\n V. Duration of Direct Participation in Hostilities—When Does DPH Terminate and When Does Loss of Immunity Due to Direct Participation Cease to Be Temporary?\n VI. Who Is a Civilian? Making Sense of DPH and Membership in Armed Groups\n VII. Concluding Thoughts\n 2. The Duty in International Law to Investigate Civilian Deaths in Armed Conflict\n I. Introduction\n II. General Obligations on Parties to Account for the Dead\n III. Investigation of Possible Violations of IHL\n IV. Investigations in Cases of Suspected War Crimes or Other Violations of International Criminal Law\n V. Conclusion\n 3. Protection by Process: Implementing the Principle of Proportionality in Contemporary Armed Conflicts\n I. Introduction\n II. Traditional Proportionality in IHL\n III. New Wars, New Law\n IV. Revisiting Proportionality\n V. Proportionality as Procedure\n VI. Summary\n 4. Regulating Armed Drones and Other Emerging Weapons Technologies\n I. Introduction\n II. The Development of Armed Drones\n III. The International Normative Framework\n IV. Concluding Remarks\n 5. The Globalisation of Non-International Armed Conflicts\n I. Introduction\n II. The Evolution of the Typology of Non-International Armed Conflict\n III. A Typology of NIACs in Light of Contemporary Practice—Is Territory Really Irrelevant?\n IV. Contemporary Perspectives on the Geographical Scope of Application of International Humanitarian Law\n V. The Challenges of the Globalisation of NIACs for Civilian Protection\n 6. Administrative Detention in Non-International Armed Conflicts\n I. Introduction\n II. How and Why a Person May Be Apprehended and Interned\n III. Internment in Domestic Emergencies\n IV. Internment in International Armed Conflicts\n V. Internment in Non-International Armed Conflicts\n VI. The Way Forward\n 7. The Crime of Rape in Military and Civilian Jurisdictions\n I. Introduction\n II. International Criminal Framework\n III. Military v Civilian Criminal Jurisdiction\n IV. What Crime Should Be Prosecuted?\n V. Conclusion\nPart II: Remedies\n 8. The Right to Reparation for Victims of Armed Conflict\n I. Introduction\n II. The Right to Reparation: An Overview\n III. Claiming Reparations for IHL Violations\n IV. The Award of Reparations\n V. Forms of Reparation\n VI. Conclusions\n 9. Arguing International Humanitarian Law Standards in National Courts—A Spectrum of Expectations\n I. The Apologist Role\n II. The Avoiding Role of Courts\n III. The Deferral Role of Courts\n IV. The Limiting/Normative Role of Courts\n V. The Utopian Role of Courts\n VI. Conclusion\n 10. The Death of Lex Specialis? Regional Human Rights Mechanisms and the Protection of Civilians in Armed Conflict\n I. Introduction\n II. What Are the Issues?\n III. The Issues in the Inter-American System\n IV. The Strasbourg Court: Turning a Blind Eye to the Issues?\n V. The African System Gets Involved\n VI. Conclusion\n 11. Extraterritorial Obligations under Human Rights Law\n I. The European Position: the Approach of the European Court of Human Rights\n II. The US Position\n III. Expanding Jurisdiction: Beyond the Control Standard\n IV. Extraterritorial Application of Human Rights as Intervention?\n V. Extraterritorial Application of Human Rights Legitimising Occupation?\n VI. Flexible Extraterritorial Application of Human Rights: From Lex Specialis to Contextualised Interpretation\n VII. Derogation\n VIII. Concluding Observations\n 12. What Duties Do Peacekeepers Owe Civilians? Lessons from the Nuhanović Case\n I. July 1995\n II. Nuhanović\'s Claim in the Dutch Court\n III. State versus UN Responsibility\n IV. Effective Control of the Netherlands\n V. Wrongfulness of Dutchbat\'s Conduct\n VI. Concluding Observations\n 13. Civilian Protection and the Arms Trade Treaty\n I. Introduction\n II. An Overview of the ATT and Its Negotiating History\n III. Civilian Protection and the Prohibition of Weapons Transfers under ATT Article 6\n IV. Civilian Protection under ATT Article 7: Export Risk Assessment\n V. Conclusion\nPart III: Developments\n 14. A Path Towards Greater Respect for International Humanitarian Law\n I. Introduction\n II. Deficiencies in the Existing IHL Implementation Mechanisms\n III. Bridging the Institutional Gap\n IV. Conclusion\n Appendix\n 15. The Responsibility to Protect and Non-State Armed Groups\n I. The Political Role of the \'Responsibility to Protect\'\n II. R2P and Non-State Armed Groups\n III. Countering the Threats Posed by NSAGs\n IV. State Responsibility for the Acts of NSAGs\n V. Conclusion\n 16. Protecting Civilians by Criminalising the Most Serious Forms of the Illegal Use of Force: Activating the International Criminal Court\'s Jurisdiction over the Crime of Aggression\n I. Introduction\n II. Key Concerns Relating to the Definition of the Crime of Aggression\n III. Key Concerns Relating to the Jurisdictional Provisions\n IV. Key Concerns Relating to the Supposed Impact on International Peace and Security\n V. Conclusion\n 17. Elements and Innovations in a New Global Treaty on Crimes Against Humanity\n I. The Emergence of Crimes Against Humanity at Nuremberg\n II. Post-War Prosecutions for Crimes Against Humanity\n III. The Rome Statute of the International Criminal Court\n IV. The Continued Need for a New Global Treaty on Crimes Against Humanity\n V. The Crimes Against Humanity Initiative\n VI. The International Law Commission\'s Current Project on Crimes Against Humanity\n VII. Conclusion\nBibliography\nIndex