Belligerent Reprisals

Author: Frits Kalshoven

Publisher: Brill - Nijhoff

ISBN: 9789004143869

Category: Law

Page: 389

View: 7507

Belligerent Reprisals examines the historical developments in the law and practice relating to recourse to belligerent reprisals, as a (primitive) means of law enforcement in the hands of a party to an armed conflict, victim of a violation of the law of war at the hands of its enemy. As a legal concept, the notion means that the victim in turn violates a rule of the same body of the law of war, with the purpose of thus inducing the enemy to terminate its unlawful conduct. However, the enemy may in its turn denounce the so-called reprisal as an unlawful act of war and retaliate against it, thus setting in motion the ill-famed spiral of negative reciprocity. While early lawmakers refrained from taking up the issue, prohibitions of reprisals could be achieved in conventions adopted in 1929 and 1949 on the protection of the power of the enemy. In contrast, reprisals (or retaliatory conduct announced under that title without meeting the requisite conditions) were common practice in the conduct of hostilities, with civilians in non-occupied territory as the main victims. With major governments disinclined to give up this tool, the ban on reprisals against civilian populations ultimately accepted in the Protocols of 1977 Additional to the Geneva Conventions of 1949 could only be hard-fought, and it remains contested to this day. First published in 1971, Belligerent Reprisals has become a classic work on this complex topic. The analysis of lawmaking and state practice it contains is as valid today as it was in the late 1970's, and elucidates the dilemmas inherent in the notion of belligerent reprisal, as a means of law enforcement that can go terribly wrong.
Posted in Law

Belligerent Reprisals

Author: Frits Kalshoven

Publisher: N.A

ISBN: N.A

Category: Belligerency

Page: 389

View: 1179

Posted in Belligerency

Yearbook of International Humanitarian Law - 2002

Author: Horst Fischer,Avril McDonald

Publisher: Cambridge University Press

ISBN: 9789067041898

Category: Law

Page: 1022

View: 8514

Provides an international forum for high-quality articles on the laws of armed conflict in international law.
Posted in Law

Essays on war in international law

Author: C. J. Greenwood

Publisher: N.A

ISBN: N.A

Category: Law

Page: 700

View: 8538

The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.
Posted in Law

The Implementation and Enforcement of International Humanitarian Law

Author: Michael N. Schmitt,Wolff Heintschel von Heinegg

Publisher: Ashgate Publishing

ISBN: 9780754629382

Category: Law

Page: 505

View: 4176

The essays selected for this volume explore the entire range of issues related to the question of how to implement and enforce international humanitarian law. Topics covered include the use of criminal proceedings against those who have seriously (or gravely) committed war crimes; the concept of grave breaches; the universality principle and the practice of 'lawfare'.
Posted in Law

The Handbook of International Humanitarian Law

Author: Dieter Fleck,Michael Bothe

Publisher: Oxford University Press

ISBN: 0199658803

Category: History

Page: 714

View: 9678

This handbook offers the most up-to-date authoritative commentary and analysis of international humanitarian law applicable in international and non-international armed conflicts. Renowned international lawyers offer insight in the relevant principles and provisions. They also address important rules for post-conflict situations and peace operations, issues of human rights in military operations and problems of application of the law in campaigns against terroristattacks. Controversial opinions and judgments of national and international courts are addressed in a practice-oriented manner. Based on best-practice rules of global importance, this standard bookelaborates extensively on efforts to ensure compliance and enforcement.
Posted in History

International Humanitarian Law

Cases, Materials and Commentary

Author: Nicholas Tsagourias,Alasdair Morrison

Publisher: Cambridge University Press

ISBN: 1316996913

Category: Law

Page: N.A

View: 9838

Drawing together key documents, case law, reports and other essential materials, International Humanitarian Law offers students, lecturers and practitioners an accessible and critically informed account of the theory, law and practice of international humanitarian law. Providing comprehensive, thematic and targeted coverage of national and international cases and materials, this book successfully balances doctrine with practical application to help readers understand how the theories are applied in practice and navigate through jurisprudence with ease. Employing a critical and targeted commentary throughout, this book also helps readers to better understand the implications of the law and the challenges facing international humanitarian law today including: cyber war, detention, direct participation in hostilities, human rights in armed conflict and terrorism. Suitable for advanced undergraduate and postgraduate students and practitioners, International Humanitarian Law offers a thematic and comprehensive treatment of the subject.
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Implementation of International Humanitarian Law

Research Papers by Participants in the 1986 Session of the Centre for Studies and Research in International Law and International Relations of the Hague Academy of International Law

Author: Frits Kalshoven,Yves Sandoz,Peter Mac Alister-Smith,Bruno Zimmermann

Publisher: Martinus Nijhoff Publishers

ISBN: 9024737842

Category: Law

Page: 472

View: 5720

Su Wei.
Posted in Law

Nuclear Weapons under International Law

Author: Gro Nystuen,Stuart Casey-Maslen,Annie Golden Bersagel

Publisher: Cambridge University Press

ISBN: 1139992740

Category: Law

Page: N.A

View: 4457

Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.
Posted in Law

An Introduction to the International Law of Armed Conflicts

Author: Robert Kolb,Richard Hyde

Publisher: Bloomsbury Publishing

ISBN: 1847314600

Category: Law

Page: 310

View: 9702

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
Posted in Law

Searching for a 'Principle of Humanity' in International Humanitarian Law

Author: Kjetil Mujezinović Larsen,Camilla Guldahl Cooper,Gro Nystuen

Publisher: Cambridge University Press

ISBN: 1107021847

Category: Law

Page: 365

View: 8405

An examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
Posted in Law

International Human Rights and Humanitarian Law

Author: René Provost

Publisher: Cambridge University Press

ISBN: 1139432532

Category: Law

Page: N.A

View: 9621

How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.
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Development and Principles of International Humanitarian Law

Course Given in July 1982 at the University of Strasbourg as Part of the Courses Organized by the International Institute of Human Rights

Author: Jean Simon Pictet

Publisher: Martinus Nijhoff Publishers

ISBN: 9024731992

Category: Law

Page: 99

View: 1376

The main aim of this book is to inquire into the system of norms regulating the 'internationalization' of internal conflicts. The traditional distinction between international & internal conflict, which entails different legal consequences, is in practice very difficult to detect due to the presence, in many instances, of elements typical of both situations. Through a careful & extraordinarily useful examination of all relevant cases of 'internationalized' internal conflict since 1956, the validity of the traditional framework of rules concerning foreign intervention in internal conflict is reassessed. At the same time, the applicability to these situations of the rules typical of international conflicts are analyzed with a view to providing the existence of a continuum between the two situations, not only as a matter of fact but also with respect to their legal regulation.
Posted in Law

Constraints on the Waging of War

Author: Frits Kalshoven

Publisher: Martinus Nijhoff Publishers

ISBN: 9780898389241

Category: Law

Page: 175

View: 6384

CONTENTS.
Posted in Law

International Humanitarian Law

Author: Emily Crawford,Alison Pert

Publisher: Cambridge University Press

ISBN: 1107116171

Category: Law

Page: 332

View: 3288

This clear and concise textbook on international humanitarian law guides students through the subject with examples, discussion questions and extracts.
Posted in Law

Reflections on the Law of War

Collected Essays

Author: Frits Kalshoven

Publisher: BRILL

ISBN: 9047420837

Category: Law

Page: 1128

View: 5814

The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians ... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.
Posted in Law

Judges, Law and War

The Judicial Development of International Humanitarian Law

Author: Shane Darcy

Publisher: Cambridge University Press

ISBN: 1107060699

Category: Law

Page: 396

View: 2966

Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Posted in Law

The Law of Non-International Armed Conflict

Author: Sandesh Sivakumaran

Publisher: Oxford University Press

ISBN: 0199239797

Category: Law

Page: 657

View: 3354

Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.
Posted in Law