To Serve the Enemy

To Serve the Enemy

Author: Shane Darcy

Publisher: Oxford University Press

Published: 2019-09-26

Total Pages: 257

ISBN-13: 0191093238

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A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.


The Law of Occupation

The Law of Occupation

Author: Yutaka Arai

Publisher: BRILL

Published: 2009

Total Pages: 801

ISBN-13: 9004162461

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This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.


The Law of Targeting

The Law of Targeting

Author: William H. Boothby

Publisher: OUP Oxford

Published: 2012-08-16

Total Pages: 2924

ISBN-13: 019163994X

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Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy. The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.


The Biological Weapons Taboo

The Biological Weapons Taboo

Author: Michelle Bentley

Publisher: Oxford University Press

Published: 2024-03-05

Total Pages: 289

ISBN-13: 0198892152

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The non-use of biological weapons has been described as the 'great mystery of biological warfare.' The Biological Weapons Taboo solves that mystery by analysing the bioweapons taboo, in the first comprehensive study of the concept. Bentley explains precisely why bioweapons are perceived as repulsive and how this sentiment is consequently expressed in the form of political behaviours, including the refusal to engage in biological aggression. Drawing on extensive archival evidence, this volume looks back on United States' foreign policy decision-making (particularly in relation to the Geneva Protocol and the Biological Weapons Convention) to demonstrate how and why the taboo has comprised a decisive factor in shaping both biowarfare strategy and political rhetoric - and why the taboo needs to be recognised as a necessary consideration in the study of bioweapons. In analysing a taboo, the volume also takes the debate on international norms forward by questioning and challenging the wider analytic comprehension of 'taboo' itself. Rejecting current definitions of the concept as inadequate, Bentley proposes a new and original model of understanding based on the normative characteristics of disgust, stigmatization, and fetishization.


Prohibiting Plunder

Prohibiting Plunder

Author: Wayne Sandholtz

Publisher: Oxford University Press

Published: 2007-12-31

Total Pages: 352

ISBN-13: 0199725470

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For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.


The Law of Armed Conflict and the Use of Force

The Law of Armed Conflict and the Use of Force

Author: Frauke Lachenmann

Publisher: Oxford University Press

Published: 2017

Total Pages: 1473

ISBN-13: 0198784627

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This volume collects articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, to facilitate easy access to content from the leading reference work in international law.


Commentary on the Third Geneva Convention

Commentary on the Third Geneva Convention

Author:

Publisher: Cambridge University Press

Published: 2021-09-09

Total Pages: 3034

ISBN-13: 1108981704

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The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.