Armed Conflicts And The Law

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Armed Conflicts and the Law

Author : Jan Wouters,Philip de Man,Nele Verlinden
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2016
Category : Humanitarian law
ISBN : 1780683200

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Armed Conflicts and the Law by Jan Wouters,Philip de Man,Nele Verlinden Pdf

"Armed Conflicts and the Law is a book of impressive scope and depth. Ranging deftly across the spectrum of armed conflict and the law that governs it, this impressive work draws together new voices and world-renowned experts from the academy, military and the ICRC to examine the normative nuances of contemporary conflict. At the same time both scholarly and practical, Armed Conflicts and the Law will prove an invaluable resource for anyone dealing with the complex, synergistic, and evolving relationship between law and armed conflict." --Prof. Michael N. Schmitt, Director, Stockton Center for the Study of International Law, U.S. Naval War College *** Now available in paperback This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular, the vast body of rules laid down in current international humanitarian law. It combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during, and after warfare. Through a series of thematic chapters that logically follow from one to another, the book tackles core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. In combination with the broad scope and accessible nature of volume, the experience and ambition on display makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats, and humanitarian/human rights workers around the globe. It is complemented by, and a helpful companion to, Jan Wouters's and Philip De Man's Humanitarian and Security Law: A Compendium of International and European Instruments ISBN 978 1 78068 051 4 (2012)]. (Series: International Law - Vol. 17) Subject: International Law, EU Law, Humanitarian Law]

Internationalized Armed Conflicts in International Law

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 44,6 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192551788

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Internationalized Armed Conflicts in International Law by Kubo Macak Pdf

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 Law of Armed Conflict

Author : Geoffrey S. Corn,Victor Hansen,Richard Jackson,M. Christopher Jenks,Eric Talbot Jensen,James A. Schoettler
Publisher : Aspen Publishing
Page : 744 pages
File Size : 47,8 Mb
Release : 2018-09-14
Category : Law
ISBN : 9781543802917

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The Law of Armed Conflict by Geoffrey S. Corn,Victor Hansen,Richard Jackson,M. Christopher Jenks,Eric Talbot Jensen,James A. Schoettler Pdf

The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.

The Law of Armed Conflict

Author : Gary D. Solis
Publisher : Cambridge University Press
Page : 923 pages
File Size : 42,8 Mb
Release : 2016-04-18
Category : Law
ISBN : 9781107135604

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The Law of Armed Conflict by Gary D. Solis Pdf

This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.

Non-international Armed Conflicts in International Law

Author : Yoram Dinstein
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2021
Category : Intervention (International law)
ISBN : 1108864090

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Non-international Armed Conflicts in International Law by Yoram Dinstein Pdf

"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"--

Armed Conflicts and the Law

Author : Jan Wouters,Philip De Man,Nele Verlinden
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 2016
Category : Humanitarian law
ISBN : 1780683154

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Armed Conflicts and the Law by Jan Wouters,Philip De Man,Nele Verlinden Pdf

"Armed Conflicts and the Law is a book of impressive scope and depth. Ranging deftly across the spectrum of armed conflict and the law that governs it, this impressive work draws together new voices and world-renowned experts from the academy, military and the ICRC to examine the normative nuances of contemporary conflict. At the same time both scholarly and practical, Armed Conflicts and the Law will prove an invaluable resource for anyone dealing with the complex, synergistic, and evolving relationship between law and armed conflict." --Prof. Michael N. Schmitt, Director, Stockton Center for the Study of International Law, U.S. Naval War College *** This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular, the vast body of rules laid down in current international humanitarian law. It combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during, and after warfare. Through a series of thematic chapters that logically follow from one to another, the book tackles core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. In combination with the broad scope and accessible nature of volume, the experience and ambition on display makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats, and humanitarian/human rights workers around the globe. It is complemented by, and a helpful companion to, Jan Wouters's and Philip De Man's Humanitarian and Security Law: A Compendium of International and European Instruments ISBN 978 1 78068 051 4 (2012)]. (Series: International Law - Vol. 17) Subject: International Law, EU Law, Humanitarian Law]

War Law

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 55,8 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460

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War Law by Michael Byers Pdf

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Women, Armed Conflict and International Law

Author : Judith G. Gardam,Michelle J. Jarvis
Publisher : BRILL
Page : 306 pages
File Size : 40,5 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004482005

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Women, Armed Conflict and International Law by Judith G. Gardam,Michelle J. Jarvis Pdf

The role that gender plays in determining the experience of those caught up in armed conflict has long been overlooked. Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention. This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.

Human Rights in Armed Conflict

Author : Gerd Oberleitner
Publisher : Cambridge University Press
Page : 433 pages
File Size : 42,8 Mb
Release : 2015-03-05
Category : History
ISBN : 9781107087545

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Human Rights in Armed Conflict by Gerd Oberleitner Pdf

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

Routledge Handbook of the Law of Armed Conflict

Author : Rain Liivoja,Tim McCormack
Publisher : Routledge
Page : 968 pages
File Size : 42,9 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781136028885

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Routledge Handbook of the Law of Armed Conflict by Rain Liivoja,Tim McCormack Pdf

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.

The Law of International Humanitarian Relief in Non-International Armed Conflicts

Author : Matthias Vanhullebusch
Publisher : BRILL
Page : 489 pages
File Size : 48,6 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004469808

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The Law of International Humanitarian Relief in Non-International Armed Conflicts by Matthias Vanhullebusch Pdf

This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.

Wars of Law

Author : Tanisha M. Fazal
Publisher : Cornell University Press
Page : 342 pages
File Size : 44,8 Mb
Release : 2018-05-15
Category : Law
ISBN : 9781501719790

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Wars of Law by Tanisha M. Fazal Pdf

"This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--

The Law of Non-International Armed Conflict

Author : Sandesh Sivakumaran
Publisher : Oxford University Press
Page : 696 pages
File Size : 54,6 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780199239795

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The Law of Non-International Armed Conflict by Sandesh Sivakumaran Pdf

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.

Law Applicable to Armed Conflict

Author : Ziv Bohrer,Janina Dill,Helen Duffy
Publisher : Cambridge University Press
Page : 260 pages
File Size : 48,6 Mb
Release : 2020-02-29
Category : Law
ISBN : 1108722989

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Law Applicable to Armed Conflict by Ziv Bohrer,Janina Dill,Helen Duffy Pdf

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

The International Law of Armed Conflict: Personal and Material Fields of Application

Author : Edward K. Kwakwa
Publisher : BRILL
Page : 224 pages
File Size : 55,6 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004642294

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The International Law of Armed Conflict: Personal and Material Fields of Application by Edward K. Kwakwa Pdf

The underlying rationale for the international humanitarian law of war is the protection of individuals and victims of war. This book is a contribution to the study of human rights in general and humanitarian law in particular. It contains detailed information and analysis of the law and practice relating to international armed conflicts involving irregular combatants. The discussion focuses on the most controversial provisions of Additional Protocol I to the Geneva Conventions: the classification of wars of national liberation, the treatment of guerrillas and mercenaries upon capture, reprisals, and the question of supervision and implementation in such conflicts. The manuscript on which this book was based was awarded the 1991 Paul Reuter Prize by the International Committee of the Red Cross.