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| Author | : Patrycja Grzebyk |
| Publisher | : Cambridge University Press |
| Total Pages | : 295 |
| Release | : 2022-03-24 |
| Genre | : Law |
| ISBN | : 1108845622 |
A comprehensive analysis of human and non-human targets in contemporary armed conflicts with references to the most recent practice.
| Author | : Yoram Dinstein |
| Publisher | : |
| Total Pages | : |
| Release | : 2021 |
| Genre | : Intervention (International law) |
| ISBN | : 9781108864091 |
"Due to their preponderance and intensity, non-international armed conflicts are currently very much in the public mind: often, more so than international armed conflicts. The present volume serves as a comprehensive introduction to the international legal regime of non-international armed conflicts, proceeding strictly in light of what the contemporary law is (as distinct from what the present author or anybody else would like it to be). Non-international armed conflicts raise a raft of issues that need to be addressed, including in particular their preconditions, thresholds, diverse forms and configurations; the discordant perspectives of the international and domestic legal systems; as well as the application of treaty and customary law to non-State actors. In addition, it is necessary to examine the consequences of intervention by foreign States; the role of the Security Council; the effects of recognition; State responsibility for wrongdoing to the installations, diplomats or nationals of foreign States, etc. The interface between the law of international and non-international armed conflicts is a matter of crucial concern. There are also numerous specific problems, ranging from the complexities of "failing States" to the recruitment and use of child-soldiers"--
| Author | : David Wippman |
| Publisher | : BRILL |
| Total Pages | : 309 |
| Release | : 2022-05-16 |
| Genre | : Law |
| ISBN | : 9004479694 |
This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which "new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more. Published under the Transnational Publishers imprint.
| Author | : Gary D. Solis |
| Publisher | : Cambridge University Press |
| Total Pages | : 923 |
| Release | : 2016-04-18 |
| Genre | : Law |
| ISBN | : 1107135605 |
This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
| Author | : Elizabeth Wilmshurst |
| Publisher | : OUP Oxford |
| Total Pages | : 568 |
| Release | : 2012-08-02 |
| Genre | : Law |
| ISBN | : 0191632236 |
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
| Author | : Andrew Clapham |
| Publisher | : |
| Total Pages | : 1009 |
| Release | : 2014-03 |
| Genre | : History |
| ISBN | : 0199559694 |
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.
| Author | : Rain Liivoja |
| Publisher | : Routledge |
| Total Pages | : 968 |
| Release | : 2016-04-28 |
| Genre | : Law |
| ISBN | : 1136028889 |
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.
| Author | : Yoram Dinstein |
| Publisher | : Cambridge University Press |
| Total Pages | : 480 |
| Release | : 2010-04-22 |
| Genre | : Law |
| ISBN | : 1107375886 |
This is the seminal textbook on the law of international armed conflict, written by a leading commentator on the subject. The second edition has been thoroughly revised and updated, taking into account new developments in combat, numerous recent judicial cases (especially decisions rendered by the International Criminal Tribunal for the Former Yugoslavia), as well as topical studies and instruments. The text clarifies complex issues, offering solutions to practical combat dilemmas that have emerged in present-day battlefield situations. Several current (and controversial) subjects are examined in depth, including direct participation in hostilities, human shields, and air and missile warfare. Useful definitions and explanations have been added, making intricate problems easier to comprehend. The book is designed not only for students of international law, but also as a tool for the instruction of military officers.
| Author | : Judith Gail Gardam |
| Publisher | : BRILL |
| Total Pages | : 213 |
| Release | : 2023-11-27 |
| Genre | : Law |
| ISBN | : 9004632409 |
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
| Author | : Robert Schütte |
| Publisher | : Springer |
| Total Pages | : 235 |
| Release | : 2014-10-29 |
| Genre | : Political Science |
| ISBN | : 365802206X |
The study analyzes three themes: first, the evolution of the concept of civilians in the course of human history, and secondly, the situation and victimization of civilians in armed conflict since 1990, and third, how the international community since the end of the Cold War to protect civilians has monitored by the mandating robust UN peacekeeping missions. The United Nations Mission in the Congo functions as a case study.
