Overview

Full Product Details

Author:   Alon Margalit
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   54
Weight:   0.612kg
ISBN:  

9789004368200

ISBN 10:   9004368205
Pages:   292
Publication Date:   19 July 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

Table of Contents

Preface List of Abbreviations Part 1: Introduction 1 The Investigative Response to Civilian Casualties: More Questions Than Answers 1.1 Introduction 1.2 Taking a Closer Look 1.3 Book Overview 1.3.1 The Use of Force, Civilian Casualties and Investigations 1.3.2 Manoeuvring between Operational Paradigms and Legal Regimes Part 2: Setting the Normative Framework 2 `The Trigger Question': When Do Civilian Casualties Require an Investigation? 2.1 The Investigation Trigger under International Human Rights Law (ihrl) 2.2 The Investigation Trigger under the Law of Armed Conflict (loac) 2.2.1 War Crimes 2.2.2 A Failure of Precautions 2.2.3 A Duty to Investigate All Cases of Civilian Casualties? 2.3 Conclusion 3 `The Standards Question': How to Investigate Civilian Casualties? 3.1 Investigation Standards under ihrl 3.1.1 General 3.1.2 An Effective Investigation 3.1.3 Independence and Impartiality 3.1.4 Victim Involvement and Transparency 3.1.5 A Formal and Professional Investigation and the Margin of Appreciation 3.2 Investigation Standards under loac 3.2.1 General 3.2.2 War Crimes 3.2.3 A Failure of Precautions 3.3 Conclusion 4 Translating Investigation Obligations to loac Situations 4.1 The Interaction between ihrl and loac 4.2 Classification Issues 4.3 International Armed Conflict (iac) 4.4 Non-international Armed Conflict (niac) 4.5 A Conduct-of-Hostilities Paradigm: Temporal and Geographical Dimensions 4.6 Occupation 4.6.1 General 4.6.2 Troubled Occupation 4.6.3 The Use of Force 4.7 Conclusion Part 3: Investigating Civilian Casualties in Practice 5 Challenges in Classifying and Identifying the Applicable Normative Framework(s) 5.1 `Stretching' a Hostilities Paradigm 5.1.1 us 5.1.2 uk 5.1.3 Israel 5.2 `Stretching' a Law-Enforcement Paradigm 5.2.1 Iraq 5.2.2 Afghanistan 5.2.3 oPt 5.3 Uncertainty in Relation to the Intensity Test 5.4 iac/niac Classification 5.5 Further Complications: Additional Legal Sources and Policy Considerations 5.5.1 uk, Canada 5.5.2 us 5.6 The Applicability of ihrl 5.6.1 General 5.6.2 Effective Control and Provision of Governmental Services 5.6.3 Consent of the Local Government 5.6.4 Prolonged Occupation 5.7 Al-Skeini and B'tselem Cases: Two Sides of a Legal Coin 5.7.1 Al-Skeini 5.7.2 B'tselem 5.8 Conclusion 6 Investigation Models and Constraints in Domestic Military Justice Systems 6.1 Introduction 6.2 Models Identified in State Practice 6.2.1 The Commander Model 6.2.2 The Professional Model 6.2.3 A Mixed Model: Mandatory Reporting to a Professional Body in Serious Cases 6.3 Conclusion 7 Military In-House Investigations and Some Mitigating Arrangements 7.1 Command Investigations 7.1.1 A Controversial Mechanism 7.1.2 Judging Command Investigations in Light of Their Function 7.2 Considering Mitigating Arrangements 7.2.1 Enhancing the Involvement of Professional Bodies 7.2.2 Setting Time Frames and Considering Initial Findings Carefully 7.2.3 Openness 7.3 Problems with Professional Bodies 7.3.1 Failure to Open a Formal and Professional Investigation 7.3.2 Problems with the Conduct of Criminal Investigations 7.4 Conclusion 8 Civilian Oversight of Military Investigations 8.1 An Ad Hoc Civilian Investigatory Body 8.2 Administrative Review 8.3 Judicial Review 8.3.1 General 8.3.2 Jurisdiction and Admissibility 8.3.3 The Scope of Review 8.4 A Permanent Civilian Expert Body 8.4.1 The mpcc (Canada) 8.4.2 hmic (uk) 8.4.3 Israel 8.5 Conclusion Part 4: Looking Forward 9 A Proposal for a Permanent Expert Commission 9.1 A Question of Mandate 9.1.1 General 9.1.2 External-Civilian Investigations? 9.1.3 ihrl and Lessons Learned from the Civilian Oversight of Police Investigations 9.2 The Proposed Mandate 10 The Duty to Investigate and Shaping the Normative Discourse 10.1 The Difficulties of Investigating 10.2 Enhanced Scrutiny and Heavier Burden 10.3 State Pushback 10.4 A Permanent Expert Commission: Incentives for States 10.5 Conclusion Table of Treaties and Other International Instruments Table of International Cases 26 Table of Domestic Instruments Table of Domestic Cases Bibliography

Reviews

Author Information

Alon Margalit, Ph.D. (2014), University of London, is an Israeli lawyer who has held various legal positions, including at the Intentional Committee of the Red Cross, the Norwegian Refugee Council, SOAS University of London and the Tel Aviv District Court.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions