The Conduct of Hostilities Under the Law of International Armed Conflict

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 9780521542272

Category: Law

Page: 275

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A companion volume to the author's textbook War, Aggression and Self-Defence, Third Edition (Cambridge 2001), this book focuses on issues arising in the course of hostilities between States, emphasizing the most recent conflicts in Iraq and Afghanistan. Main themes considered are lawful and unlawful combatants, war crimes (including command responsibility and defenses), prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Many specific topics that have attracted much interest in recent hostilities are also addressed. Also available: War, Aggression and Self-Defence 0-521-79344-0 Hardback $110.00 C 0-521-79758-6 Paperback $40.00 D
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Hague Law Interpreted

The Conduct of Hostilities under the Law of Armed Conflict

Author: Stuart Casey-Maslen,Steven Haines

Publisher: Bloomsbury Publishing

ISBN: 1509921230

Category: Law

Page: 400

View: 1617

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Given the centrality of Hague Law to the lawful prosecution of warfare, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive assessment of Hague Law, it explores questions of definitions and accountability and navigates the substantive rules and their application to different types of warfare.
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International Law And Armed Conflict, Exploring the Faultlines

Essays in Honour of Yoram Dinstein

Author: Michael N. Schmitt,Jelena Pejic

Publisher: Martinus Nijhoff Publishers

ISBN: 9004154280

Category: Law

Page: 586

View: 7886

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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
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Identifying the Enemy

Civilian Participation in Armed Conflict

Author: Emily Crawford

Publisher: Oxford University Press, USA

ISBN: 0199678499

Category: Civilians in war

Page: 288

View: 7029

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Over the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are. Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.
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The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham,Paola Gaeta

Publisher: Oxford University Press

ISBN: 0199559694

Category: History

Page: 909

View: 4780

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Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
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Principles of International Criminal Law

Author: Gerhard Werle,Florian Jessberger

Publisher: Oxford University Press (UK)

ISBN: 0198703600

Category: Law

Page: 676

View: 2896

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Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
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War Crimes and the Conduct of Hostilities

Challenges to Adjudication and Investigation

Author: Fausto Pocar,Marco Pedrazzi,Micaela Frulli

Publisher: Edward Elgar Publishing

ISBN: 1781955921

Category: Law

Page: 416

View: 9718

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ŠThis comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual viole
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The Law of Non-International Armed Conflict

Author: Sandesh Sivakumaran

Publisher: OUP Oxford

ISBN: 0191638153

Category: Law

Page: 696

View: 7108

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The Law of Non-International Armed Conflict brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, the Philippines, and Sudan are all considered. The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups, particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.
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