Principles of International Humanitarian Law

Author: Jonathan Crowe,Kylie Weston-Scheuber

Publisher: Edward Elgar Publishing

ISBN: 1781002738

Category: Law

Page: 208

View: 1461

ÔThis is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.Õ Ð Marco Sass~li, University of Geneva, Switzerland This book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context. The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups. Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners.
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: 5275

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

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: 372

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

The Development and Principles of International Humanitarian Law

Author: MichaelN. Schmitt

Publisher: Routledge

ISBN: 1351545078

Category: Political Science

Page: 586

View: 9389

The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.
Posted in Political Science

International Law and Armed Conflict

Fundamental Principles and Contemporary Challenges in the Law of War

Author: Laurie R. Blank,Gregory P. Noone

Publisher: Aspen Publishers

ISBN: 1454881356

Category: Law

Page: 832

View: 6541

Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios
Posted in Law

Routledge Handbook of the Law of Armed Conflict

Author: Rain Liivoja,Tim McCormack

Publisher: Routledge

ISBN: 1136028889

Category: Law

Page: 721

View: 8337

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.
Posted in Law

Targeted Killing in International Law

Author: Nils Melzer

Publisher: OUP Oxford

ISBN: 0191029874

Category: Law

Page: 528

View: 4715

This book conducts an in-depth analysis into the lawfulness of State-sponsored targeted killings under international human rights and humanitarian law. It also addresses the relevance of the law of inter-state force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the intentional use of lethal force. Through a comprehensive analysis of treaties, custom, and general principles of law in light of jurisprudence, doctrine, and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern the use of lethal force in law enforcement and in the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities is illustrated by reference to concrete examples of targeted killing from recent State practice. In essence the book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a 'microscopic' interpretation of the law regulating the conduct of hostilities which leads to nuanced results. The author concludes by highlighting and comparing the main areas of concern arising with regard to State-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the wider context of the rule of law.
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: 4591

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

Advanced Introduction to International Humanitarian Law

Author: Robert Kolb

Publisher: Edward Elgar Publishing

ISBN: 1783477520

Category: Law

Page: 232

View: 5009

This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions _ which are at times challenging and controversial _ in order to get to the very essence of the subject a
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: 857

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

Principles of direct and superior responsibility in international humanitarian law

Author: Ilias Bantekas

Publisher: Juris Publishing, Inc.

ISBN: N.A

Category: Law

Page: 162

View: 1900

Hardcover. Bibliography. Index. This book is a detailed treatise on the forms of criminal responsibility arising from violations of international humanitarian law. It examines the evolution of personal responsibility and its contemporary application to war crimes, crimes against humanity and genocide, and traces the origin and development of such concepts as direct participation, ordering, complicity and inciting. It provides a detailed overview of the law of superior responsibility, and ascertains the nature of internal armed conflicts, the liability therein and the application of humanitarian law in such conflicts.By concentrating in a single volume the criminal aspects of humanitarian law from an immense variety of legal material - including extensive analysis of the jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court - this book is essential for postgraduates and academics studying International Humanitarian Law and practitioners of International Law. The International Committee of the Red Cross awarded the 2000 Paul Reuter Prize it.
Posted in Law

The Practical Guide to Humanitarian Law

Author: Françoise Bouchet-Saulnier

Publisher: Rowman & Littlefield Publishers

ISBN: 1442221135

Category: Political Science

Page: 826

View: 6003

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
Posted in Political Science

International Humanitarian Law

Author: Emily Crawford,Alison Pert

Publisher: Cambridge University Press

ISBN: 1107116171

Category: Law

Page: 332

View: 8815

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

International Humanitarian Law

Cases, Materials and Commentary

Author: Nicholas Tsagourias,Alasdair Morrison

Publisher: Cambridge University Press

ISBN: 1107090598

Category: Law

Page: 450

View: 7648

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 students 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 students 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.
Posted in Law