Captured in war
Subtitle: lawful internment in armed conflict
By: [Els Debuf] ; preface, Andrew Clapham
Contributors: Clapham, Andrew, writer of introduction
Series: Publications de l'institut international des droits de l'homme -- 20; Publications de l'institut international des droits de l'homme -- 20
Publisher: Editions A. Pedone
Published: 2013
Place of publication: Paris
Language: eng
Number of pages: 619
ISBN-13: 9781849465304; 9782233006721
Subjects: Humanitarian law; War; Protection of civilians; Detention of persons; Prisoners of war; Legal status, laws
Description: "A security measure designed to neutralize threats from an enemy party, internment is common in warfare. In the context of internment operations in Afghanistan, Iraq, Guantanamo Bay and the Democratic Republic of Congo, and of increasing international military intervention in internal conflicts more generally, the legal framework for internment has been widely criticised for being at best ambiguous and full of loopholes, at worst out-dated and inadequate. In light of such criticism, this book examines the continued relevance and adequacy of the existing legal framework, identifies its shortcomings and proposes possible avenues to remedy them. It offers answers to fundamental questions such as who may be lawfully interned in armed conflict, on what legal basis, for what reasons and for how long. Starting from the premise that internment in armed conflict cannot be lawful under one branch of international law while at the same time unlawful under another, the book offers a fresh view of the interaction between the simultaneously applicable norms of international humanitarian and human rights law. Applying this approach to a comprehensive analysis of relevant normative texts, international and national case-law and other actual battlefield practice of the 20th and 21st century, the book not only answers the questions it raises but also offers a novel perspective on related issues such as the personal scope of application of the Third and Fourth Geneva Conventions, the influence of international human rights law on the interpretation of international humanitarian law and whether States need to derogate from the first in order to rely on the latter"--Page [4] of cover.
Notes: "This work is co-published by Editions Perdone in Paris, France and Hart Publishing Ltd in Oxford, United Kingdom"

Based on author's thesis (doctoral-Graduate Institute for International Studies, Geneva, 2011).

Includes bibliographical references (pages 549-619).

René Cassin Prize 2012.
Table of contents: title: Preface / -- Andrew Clapham; title: THE RIGHT TO LIBERTY AND THE PROHIBITION OF ARBITRARY DEPRIVATION OF LIBERTY IN INTERNATIONAL LAW:; title: Requirements for lawful deprivation of liberty under general international law --; title: Exceptional times and exceptional measures --; title: SECURITY INTERNMENT IN SITUATIONS OF INTERNATIONAL ARMED CONFLICT AND OCCUPATION:; title: Internment on the basis of the Third Geneva Convention : prisoners of war --; title: Internment on the basis of the First and Second Geneva Convention : retention of medical and religious personnel of the armed forces of the parties to the conflict --; title: Internment on the basis of the Fourth Geneva Convention : protected persons --; title: Internment of persons who are not protected by the Geneva Conventions --; title: Conclusions on internment in situations of international armed conflict and occupation --; title: SECURITY INTERNMENT IN SITUATIONS OF NON-INTERNATIONAL ARMED CONFLICT:; title: The absence of a legal basis for internment in international humanitarian law --; title: Recommendations for a normative development of international humanitarian law ---- CONCLUSIONS.