Non-combatant Immunity as a Norma of International Humanitarian Law

Non-combatant Immunity as a Norma of International Humanitarian Law
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 218
Release :
ISBN-10 : 0792322452
ISBN-13 : 9780792322450
Rating : 4/5 (52 Downloads)

Synopsis Non-combatant Immunity as a Norma of International Humanitarian Law by : Judith Gail Gardam

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.

Non-Combatant Immunity as a Norm of International Humanitarian Law

Non-Combatant Immunity as a Norm of International Humanitarian Law
Author :
Publisher : BRILL
Total Pages : 213
Release :
ISBN-10 : 9789004632400
ISBN-13 : 9004632409
Rating : 4/5 (00 Downloads)

Synopsis Non-Combatant Immunity as a Norm of International Humanitarian Law by : Judith Gail Gardam

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.

The Oxford Handbook of Ethics of War

The Oxford Handbook of Ethics of War
Author :
Publisher : Oxford University Press
Total Pages : 496
Release :
ISBN-10 : 9780199944392
ISBN-13 : 0199944393
Rating : 4/5 (92 Downloads)

Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar

Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

San Remo Manual on International Law Applicable to Armed Conflicts at Sea

San Remo Manual on International Law Applicable to Armed Conflicts at Sea
Author :
Publisher : Cambridge University Press
Total Pages : 272
Release :
ISBN-10 : 0521558646
ISBN-13 : 9780521558648
Rating : 4/5 (46 Downloads)

Synopsis San Remo Manual on International Law Applicable to Armed Conflicts at Sea by : International Institute of Humanitarian Law

Unique contemporary restatement of the law of war at sea, with explanation providing expert commentary.

The Law of Non-International Armed Conflict

The Law of Non-International Armed Conflict
Author :
Publisher : Oxford University Press
Total Pages : 696
Release :
ISBN-10 : 9780199239795
ISBN-13 : 0199239797
Rating : 4/5 (95 Downloads)

Synopsis The Law of Non-International Armed Conflict by : Sandesh Sivakumaran

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.

Customary International Humanitarian Law

Customary International Humanitarian Law
Author :
Publisher : Cambridge University Press
Total Pages : 610
Release :
ISBN-10 : 9780521808996
ISBN-13 : 0521808995
Rating : 4/5 (96 Downloads)

Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Internationalized Armed Conflicts in International Law

Internationalized Armed Conflicts in International Law
Author :
Publisher : Oxford University Press
Total Pages : 321
Release :
ISBN-10 : 9780192551788
ISBN-13 : 0192551787
Rating : 4/5 (88 Downloads)

Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law
Author :
Publisher : Oxford University Press, USA
Total Pages : 767
Release :
ISBN-10 : 9780199658800
ISBN-13 : 0199658803
Rating : 4/5 (00 Downloads)

Synopsis The Handbook of International Humanitarian Law by : Michael Bothe

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Civilian Or Combatant?

Civilian Or Combatant?
Author :
Publisher : Oxford University Press, USA
Total Pages : 194
Release :
ISBN-10 : 9780199743247
ISBN-13 : 019974324X
Rating : 4/5 (47 Downloads)

Synopsis Civilian Or Combatant? by : Anisseh van Engeland

This title describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. It identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The author demonstrates that this branch of international law is in constant evolution.