The Impact of Human Rights Law on Armed ForcesCambridge 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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Стр. 5
... armed forces have denied an individual his or her rights there may , in some contexts , be many procedural or other impediments lying in the way of a remedy against the State involved . It may be that effort should be ... ARMED FORCES 5.
... armed forces have denied an individual his or her rights there may , in some contexts , be many procedural or other impediments lying in the way of a remedy against the State involved . It may be that effort should be ... ARMED FORCES 5.
Стр. 6
... army punishments could not be of ' a nature to cause injury to life or limb ' , the Army Act 1881 , s . 44 ( apart from the death penalty ) . orders given by a person more senior in rank or 6 HUMAN RIGHTS AND MEMBERS OF ARMED FORCES.
... army punishments could not be of ' a nature to cause injury to life or limb ' , the Army Act 1881 , s . 44 ( apart from the death penalty ) . orders given by a person more senior in rank or 6 HUMAN RIGHTS AND MEMBERS OF ARMED FORCES.
Стр. 7
... armed forces of many States operate within this type of hierarchical structure with a broad distinction between commissioned officers , non- commissioned officers ( NCOs ) and the lowest ranking soldier . Although both ... ARMED FORCES 7.
... armed forces of many States operate within this type of hierarchical structure with a broad distinction between commissioned officers , non- commissioned officers ( NCOs ) and the lowest ranking soldier . Although both ... ARMED FORCES 7.
Стр. 9
... armed forces and as between different armed forces . The reason for this lies in the different nature of each type of military service . The volunteer soldier The conversion of armies from a conscript to a volunteer soldier base is ...
... armed forces and as between different armed forces . The reason for this lies in the different nature of each type of military service . The volunteer soldier The conversion of armies from a conscript to a volunteer soldier base is ...
Стр. 12
... armed forces in Europe, at least, were comprised of conscripts led the framers of the European Convention in Human Rights 1950 and of the 1966 Covenant to recognise the realities of the structure of those armed forces. The prohibition ...
... armed forces in Europe, at least, were comprised of conscripts led the framers of the European Convention in Human Rights 1950 and of the 1966 Covenant to recognise the realities of the structure of those armed forces. The prohibition ...
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1950 Convention acts Additional Protocol African Charter alleged American Convention amnesty apply argue armed forces Article attack chapter Charter on Human civilian court command conscript soldiers Convention on Human Council of Europe Court of Human Covenant death penalty Defence derogation notice detained detention discussion European Court example fourth Geneva Convention Geneva Convention 1949 Human Rights 1969 human rights instrument human rights obligations human rights treaty imposed independent and impartial individual international armed conflict International Criminal Court international humanitarian law International Law involved issue jurisdiction killed military court military discipline military law military officers military service multinational force national law non-international armed conflict occupying offence organisation particular party prisoners prisoners of war Prosecutor Protocol I 1977 Protocol II punishment rebels recruitment relevant human rights risk Rome Statute 1998 status of forces territory third Geneva Convention treatment Turkey United Kingdom United Nations visiting force
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Стр. 134 - Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: a in defence of any person from unlawful violence; b in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c in action lawfully taken for the purpose of quelling a riot or insurrection.
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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