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Collective Punishment and Human Rights Law

Book

Collective Punishment and Human Rights Law

DOI link for Collective Punishment and Human Rights Law

Collective Punishment and Human Rights Law book

Addressing Gaps in International Law

Collective Punishment and Human Rights Law

DOI link for Collective Punishment and Human Rights Law

Collective Punishment and Human Rights Law book

Addressing Gaps in International Law
ByCornelia Klocker
Edition 1st Edition
First Published 2020
eBook Published 28 May 2020
Pub. Location London
Imprint Routledge
DOI https://doi.org/10.4324/9780429318986
Pages 206
eBook ISBN 9780429318986
Subjects Law, Politics & International Relations, Social Sciences
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Klocker, C. (2020). Collective Punishment and Human Rights Law: Addressing Gaps in International Law (1st ed.). Routledge. https://doi.org/10.4324/9780429318986

ABSTRACT

This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular.

The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

TABLE OF CONTENTS

chapter 1|10 pages

Introduction

chapter 2|25 pages

Collective punishment and the law of armed conflict

chapter 3|29 pages

Case study

Collective punishment in the Occupied Palestinian Territories

chapter 4|33 pages

Collective punishment and human rights law

chapter 5|29 pages

Case study

Collective punishment in Chechnya *

chapter 6|27 pages

Conceptual differences and human rights held by groups

chapter 7|37 pages

Can the European Convention on Human Rights encompass a prohibition of collective punishment?

chapter 8|5 pages

Conclusion

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