The Impact of Human Rights Law on Armed Forces

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Cambridge University Press, 12 янв. 2006 г.
This book considers those aspects of human rights law which may become relevant to the activities of armed forces whether they remain in barracks, undertake training or are deployed in military operations within their own state or outside it. The unique nature of military service and of military courts gives rise to human rights issues in respect both of civilians and soldiers, whether volunteers or conscripts, who find themselves before these courts. Rowe examines these issues as well as the application of international humanitarian law alongside the human rights obligations of the state when forces are training for and involved in armed conflict; where armed forces are deployed in situations of civil disorder; and where states contribute armed forces to multinational forces. An invaluable resource for scholars in human rights, international law and military studies, and anyone concerned with policy relevant to the armed forces.

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The volunteer soldier
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lackofsignificanceintermsofhumanrightsobligationsoftheenlistment
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There is no restriction in international law on a State
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degrading or humiliating treatment of which they have or ought
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that that Convention does not guarantee the right to serve
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Where the inquiry is conducted by the civilian authorities this
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State party itself but not so far as to result
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Applying human rights treaties during an international
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In the absence of an appropriate derogation notice a failure
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Right of free movement
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Human rights under occupation
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above the inhabitants of the occupied territory may depending on
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a State for human rights breaches during the international armed
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cannot leave his place of employment Where he is a
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duties For this reason the opportunity to take such a
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Armed forces subject to a disciplinary system under
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in the armed forces their views about military service or
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To both the soldier and the superior indulging in this
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role may however also have the effect that he can
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rights instruments In modern times it is common for nongovernmental
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would be wise to consider that the publication of such
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body would confine the degree of control required over the
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Stateandtheyhavetheirownfairlyextensivelimitationsuponwhichthe
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and will normally be detained until the end of active
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however that an application will not be ruled inadmissible on
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The State may however consider that the movement of parts
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Disorder not amounting to an armed conflict within a State
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Closely linked with the issue of an amnesty is the
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International law applicable to a national contingent
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Despite armed forces taking part in operations outside the boundaries
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Individuals might however look to their own States human rights
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to consider specifically how its procedures principally for the detention
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Стр. 2 - Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Article 51 of the 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Article 130 of the 1949 Geneva Convention relative to the Treatment of Prisoners of War...
Стр. 105 - Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces...
Стр. 33 - For a positive obligation to arise, it must be established that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual from the criminal acts of a third party and that they failed to take measures within the scope of their powers which, judged reasonably might have been expected to avoid that risk.
Стр. 5 - It is a court of law, and can take account of moral principles only in so far as these are given a sufficient expression in legal form. Law exists, it is said, to serve a social need; but precisely for that reason it can do so only through and within the limits of its own discipline.
Стр. 53 - ... necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Стр. 12 - Convention or during conditional release from such detention; (b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service ; (c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community; (d) any work or service which forms part of normal civic obligations.
Стр. 8 - States relating to the application of the principle of equal pay for men and women (OJ 1975, L 45, p. 19). 5 — Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976, L 39, p.
Стр. 53 - No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.
Стр. 203 - Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.

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Об авторе (2006)

Peter Rowe is Professor of Law at the University of Lancaster. He has been Chairman of the UK Group of the International Society for Military Law and the Law of War, and has published widely in these areas.

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