International Law And Armed Conflict

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War Law

Michael Byers
War Law Book PDF

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 47,7 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

International Law And Armed Conflict, Exploring the Faultlines

Michael N. Schmitt,Jelena Pejic
International Law And Armed Conflict Exploring the Faultlines Book PDF

Author : Michael N. Schmitt,Jelena Pejic
Publisher : Martinus Nijhoff Publishers
Page : 629 pages
File Size : 41,5 Mb
Release : 2007
Category : Law
ISBN : 9789004154285

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International Law And Armed Conflict, Exploring the Faultlines by Michael N. Schmitt,Jelena Pejic Pdf

International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.

The Law of Armed Conflict and the Use of Force

Frauke Lachenmann,Rüdiger Wolfrum
The Law of Armed Conflict and the Use of Force Book PDF

Author : Frauke Lachenmann,Rüdiger Wolfrum
Publisher : Oxford University Press
Page : 1473 pages
File Size : 48,8 Mb
Release : 2017
Category : Law
ISBN : 9780198784623

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The Law of Armed Conflict and the Use of Force by Frauke Lachenmann,Rüdiger Wolfrum Pdf

"Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law."

Internationalized Armed Conflicts in International Law

Kubo Macak
Internationalized Armed Conflicts in International Law Book PDF

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 54,7 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 Oxford Handbook of International Law in Armed Conflict

Andrew Clapham,Paola Gaeta
The Oxford Handbook of International Law in Armed Conflict Book PDF

Author : Andrew Clapham,Paola Gaeta
Publisher : Unknown
Page : 1009 pages
File Size : 40,5 Mb
Release : 2014-03
Category : History
ISBN : 9780199559695

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The Oxford Handbook of International Law in Armed Conflict by Andrew Clapham,Paola Gaeta Pdf

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.

Routledge Handbook of the Law of Armed Conflict

Rain Liivoja,Tim McCormack
Routledge Handbook of the Law of Armed Conflict Book PDF

Author : Rain Liivoja,Tim McCormack
Publisher : Routledge
Page : 968 pages
File Size : 44,8 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 International Law of Armed Conflict: Personal and Material Fields of Application

Edward K. Kwakwa
The International Law of Armed Conflict Personal and Material Fields of Application Book PDF

Author : Edward K. Kwakwa
Publisher : BRILL
Page : 224 pages
File Size : 41,5 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.

The Law of Armed Conflict

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

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 : 52,9 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.

International Law and Armed Conflict

Lauroe R. Blank,Gregory P. Noone
International Law and Armed Conflict Book PDF

Author : Lauroe R. Blank,Gregory P. Noone
Publisher : Aspen Publishing
Page : 486 pages
File Size : 46,9 Mb
Release : 2021-07-30
Category : Law
ISBN : 9781543835540

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International Law and Armed Conflict by Lauroe R. Blank,Gregory P. Noone Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict

An Introduction to the International Law of Armed Conflicts

Robert Kolb,Richard Hyde
An Introduction to the International Law of Armed Conflicts Book PDF

Author : Robert Kolb,Richard Hyde
Publisher : Bloomsbury Publishing
Page : 310 pages
File Size : 46,8 Mb
Release : 2008-09-17
Category : Law
ISBN : 9781847314604

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An Introduction to the International Law of Armed Conflicts by Robert Kolb,Richard Hyde Pdf

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Women, Armed Conflict and International Law

Judith G. Gardam,Michelle J. Jarvis
Women Armed Conflict and International Law Book PDF

Author : Judith G. Gardam,Michelle J. Jarvis
Publisher : BRILL
Page : 306 pages
File Size : 44,6 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.

Non-international Armed Conflicts in International Law

Yoram Dinstein
Non international Armed Conflicts in International Law Book PDF

Author : Yoram Dinstein
Publisher : Unknown
Page : 128 pages
File Size : 40,5 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"--

The Law of Non-International Armed Conflict

Sandesh Sivakumaran
The Law of Non International Armed Conflict Book PDF

Author : Sandesh Sivakumaran
Publisher : Oxford University Press
Page : 696 pages
File Size : 43,8 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.

Armed Conflict and Forcible Displacement

Elena Katselli Proukaki
Armed Conflict and Forcible Displacement Book PDF

Author : Elena Katselli Proukaki
Publisher : Routledge
Page : 227 pages
File Size : 43,9 Mb
Release : 2018-03-05
Category : Law
ISBN : 9781317243892

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Armed Conflict and Forcible Displacement by Elena Katselli Proukaki Pdf

This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

Detention in Non-International Armed Conflict

Lawrence Hill-Cawthorne
Detention in Non International Armed Conflict Book PDF

Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
Page : 300 pages
File Size : 42,6 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191067013

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Detention in Non-International Armed Conflict by Lawrence Hill-Cawthorne Pdf

International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.