International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders

ISBN-13: 9783642089459 / Angielski / Miękka / 2010 / 253 str.

Hitomi Takemura

Opis

International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.

Spis treści

Right to Conscientious Objection in the United Nations Human Rights Law.- Right to Conscientious Objection in European Human Rights Law.- Inter-American Human Rights Law.- International Refugee Law and Conscientious Objection.- Defence of Superior Orders: Duties of Individuals to Disobey Manifestly Illegal Orders under International Law.- Impacts of Jus Ad Bellum and Jus In Bello on Rights and Duties of Individuals to Disobey Manifestly Illegal Orders.- Conclusion.