Detention in Non-International Armed Conflict

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Lawrence Hill-Cawthorne (Lecturer in Law, Lecturer in Law, School of Law, University of Reading)

Detention in Non-International Armed Conflict

Lawrence Hill-Cawthorne (Lecturer in Law, Lecturer in Law, School of Law, University of Reading)

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English

Oxford University Press
10 January 2020

Armed conflict; International human rights law; International humanitarian law; Responsibility of states & other entities

Series: Oxford Monographs in International Humanitarian & Criminal Law

International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

By: Lawrence Hill-Cawthorne (Lecturer in Law Lecturer in Law School of Law University of Reading)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 155mm, Spine: 17mm
Weight: 476g
ISBN: 9780198843092
ISBN 10: 0198843097
Series: Oxford Monographs in International Humanitarian & Criminal Law
Pages: 312
Publication Date: 10 January 2020
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Lawrence Hill-Cawthorne is an Associate Professor in the School of Law at the University of Reading. Previously he was a Graduate Teaching Assistant in Public International Law at the University of Oxford; Stipendiary Lecturer in Law at Merton College, Oxford; and British Research Council Fellow at the Kluge Center in the Library of Congress, Washington, DC. He holds an LLB from the London School of Economics and BCL, MPhil, and DPhil degrees from the University of Oxford.

Winner of Joint winner of the 11th Paul Reuter Prize 2016 Francis Lieber Prize for Best Book in the Field of International Law and Armed Conflict.
Winner of Winner of the 2016 ASIL Francis Lieber Prize for Best Book in the Field of International Law and Armed Conflict Winner of the 11th Paul Reuter Prize for International Humanitarian Law.