War Crimes and the Conduct of Hostilities

War Crimes and the Conduct of Hostilities

Author: Fausto Pocar

Publisher: Edward Elgar Publishing

Published: 2013-09-30

Total Pages: 405

ISBN-13: 1781955921

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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


The Conduct of Hostilities Under the Law of International Armed Conflict

The Conduct of Hostilities Under the Law of International Armed Conflict

Author: Yoram Dinstein

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9780511722936

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"This is the seminal textbook on the law of international armed conflict, written by the leading commentator on the subject. Focusing on issues arising in the course of hostilities between States, it explores lawful and unlawful combatants, war crimes, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. The title's exploration of the law as it applies to recent conflicts in Iraq and Afghanistan underlines the topicality of the subject. Recent increased case law and treaties are explored. In addition, Professor Dinstein comments on the ICRC project on Direct Participation in Hostilities and the Harvard HPCR project on Air and Missile Welfare. In this new edition, the most complex fields in the subject are made more accessible to the student, while the academic rigour which was a hallmark of the first edition is retained"--Provided by publisher


The Conduct of Hostilities under the Law of International Armed Conflict

The Conduct of Hostilities under the Law of International Armed Conflict

Author: Yoram Dinstein

Publisher: Cambridge University Press

Published: 2016-04-04

Total Pages: 393

ISBN-13: 1316453820

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Written by the leading commentator on the subject, this is the seminal textbook on the law of international armed conflict. Focusing on recent issues arising in the course of hostilities between States, it explores the dividing line between lawful and unlawful combatants, the meaning of war crimes and command responsibility, the range of prohibited weapons, the distinction between combatants and civilians, the parameters of targeting and proportionality, the loss of protection from attack (including 'direct participation in hostilities') and special protection (granted, pre-eminently, to the environment and to cultural property). In a completely revised and updated text, the author expertly covers the key principles and includes important new issues, including the use of autonomous weapons and the complexities of urban warfare. The subtleties and nuances of the international law of armed conflict are made accessible to the student and practitioner alike, whilst retaining the academic rigour of previous editions.


The Conduct of Hostilities under the Law of International Armed Conflict

The Conduct of Hostilities under the Law of International Armed Conflict

Author: Yoram Dinstein

Publisher: Cambridge University Press

Published: 2022-11-17

Total Pages: 457

ISBN-13: 1009116169

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The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.


The Oxford Guide to International Humanitarian Law

The Oxford Guide to International Humanitarian Law

Author: Ben Saul

Publisher: Oxford University Press

Published: 2020-05-07

Total Pages: 481

ISBN-13: 0192597493

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International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.


The Laws of War

The Laws of War

Author: Michael Howard

Publisher: Yale University Press

Published: 1994-01-01

Total Pages: 316

ISBN-13: 9780300070620

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This book explores not only the formal constraints on the conduct of war throughout Western history but also the unwritten conventions about what is permissible in the course of military operations. Ranging from classical antiquity to the present, eminent historians discuss the legal and cultural regulation of violence in such areas as belligerent rights, the treatment of prisoners and civilians, the observing of truces and immunities, the use of particular weapons, siege warfare, codes of honor, and war crimes. The book begins with a general overview of the subject by Michael Howard. The contributors then discuss the formal and informal constraints on conducting war as they existed in classical antiquity, the age of chivalry, early modern Europe, colonial America, and the age of Napoleon. They also examine how these constraints have been applied to wars at sea, on land, and in the air, planning for nuclear war, and national liberation struggles, in which one of the participants is not an organized state. The book concludes with reflections by Paul Kennedy and George Andreopoulos on the main challenges facing the quest for humanitarian norms in warfare in the future.


Unlawful Attacks in Combat Situations

Unlawful Attacks in Combat Situations

Author: Héctor Olásolo

Publisher: BRILL

Published: 2008

Total Pages: 313

ISBN-13: 9004162003

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Death and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law. Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006. "Unlawful Attacks in Combat Situations" focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II.


War Crimes

War Crimes

Author: Steven P. Remy

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781003118664

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"This book is a concise and accessible introduction to the problem of war crimes in modern history, emphasizing the development of laws aimed at regulating the conduct of armed conflict developed from the 19th Century to the present. Bringing together multiple strands of recent research in history, political science, and law the book starts with an overview of the attempts across the pre-modern world to regulate the initiation, conduct, and outcomes of war. It them moves on to present a survey of the legal revolution of the 19th Century when, amidst a global welter of colonial wars, the first body of formal codes and laws relating to distinguishing legal from criminal conduct in war was developed. Further chapters investigate failed but influential attempts to develop the laws of war in the post-World War I period, summarize the major landmarks in international law related to war crimes, such as the Hague conventions and the Nuremberg and Tokyo trials, as well as hundreds of lesser-known post-World War II trials in Europe and Asia. It also looks at the origins and debated significance of the Genocide Convention of 1948 and the 1949 Geneva Conventions accounts for the acceleration worldwide of war crimes investigations and trials from the 1970s into the 2000s and summarizes current thinking about international law and the rapidly changing nature of warfare worldwide as well as the memorialization of war crimes. Including images, documents, a bibliography highlighting the most recent scholarship, a chronology, who's who, and a glossary, this is the perfect introduction for those wishing to understand the complex field or war crimes history and its politics"--


Humanizing the Laws of War

Humanizing the Laws of War

Author: Richard Baxter

Publisher:

Published: 2013-08

Total Pages: 389

ISBN-13: 0199680256

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Richard Baxter was the pre-eminent scholar of the laws of war in the last century. This book brings together his key writings in this area in an accessible form, with a new introduction and biographical note written Professor Detlev Vagts and Judge Stephen Schwebel.


International Law and the Classification of Conflicts

International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst

Publisher: OUP Oxford

Published: 2012-08-02

Total Pages: 568

ISBN-13: 0191632236

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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.