Proportionality In International Humanitarian Law

Proportionality In International Humanitarian Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Proportionality In International Humanitarian Law book. This book definitely worth reading, it is an incredibly well-written.

Proportionality in International Humanitarian Law

Amichai Cohen,David Zlotogorski
Proportionality in International Humanitarian Law Book PDF

Author : Amichai Cohen,David Zlotogorski
Publisher : Oxford University Press
Page : 281 pages
File Size : 46,5 Mb
Release : 2021
Category : Law
ISBN : 9780197556726

Get Book

Proportionality in International Humanitarian Law by Amichai Cohen,David Zlotogorski Pdf

The principle of proportionality is one of the cornerstones of International Humanitarian Law. Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, & accepted as almost axiomatic. Yet, the exact meaning of this principle is vague. Almost every issue is in dispute. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military & civilian purposes?

Proportionality in International Humanitarian Law

Amichai Cohen,David Zlotogorski
Proportionality in International Humanitarian Law Book PDF

Author : Amichai Cohen,David Zlotogorski
Publisher : Oxford University Press
Page : 262 pages
File Size : 43,6 Mb
Release : 2021-01-18
Category : Law
ISBN : 9780197556740

Get Book

Proportionality in International Humanitarian Law by Amichai Cohen,David Zlotogorski Pdf

The principle of proportionality is one of the corner-stones of international humanitarian law. Almost all states involved in armed conflicts recognize that launching an attack which may cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack is prohibited. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of the principle is vague. Almost every issue, from the most elementary question of how to compare civilian harm and military advantage, to the obligation to employ accurate but expensive weapons, is disputed. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state-actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military and civilian purposes? In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski discuss the philosophical and political background of the principle of proportionality. Offering a fresh and comprehensive look at this key doctrine, they comprehensively discuss the different components of the proportionality "equation" - the meaning of "incidental harm" to civilians; the "military advantage" and the term "excessive". The book proposes the debates over the principle of proportionality be reframed to focus on the precautions taken before the attack along with the course States should follow in investigations of the violations of the principle.

Proportionality in International Law

Michael A. Newton,Larry May
Proportionality in International Law Book PDF

Author : Michael A. Newton,Larry May
Publisher : Oxford University Press, USA
Page : 354 pages
File Size : 50,7 Mb
Release : 2014
Category : Law
ISBN : 9780199355037

Get Book

Proportionality in International Law by Michael A. Newton,Larry May Pdf

1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.

Customary International Humanitarian Law

Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Customary International Humanitarian Law Book PDF

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 46,6 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

Get Book

Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

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.

Necessity, Proportionality and the Use of Force by States

Judith Gardam
Necessity Proportionality and the Use of Force by States Book PDF

Author : Judith Gardam
Publisher : Cambridge University Press
Page : 288 pages
File Size : 51,6 Mb
Release : 2004-11-18
Category : Law
ISBN : 9781139456173

Get Book

Necessity, Proportionality and the Use of Force by States by Judith Gardam Pdf

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Proportionality in International Humanitarian Law

Jeroen van den Boogaard
Proportionality in International Humanitarian Law Book PDF

Author : Jeroen van den Boogaard
Publisher : Cambridge University Press
Page : 331 pages
File Size : 40,7 Mb
Release : 2023-06-30
Category : Law
ISBN : 9781108960052

Get Book

Proportionality in International Humanitarian Law by Jeroen van den Boogaard Pdf

This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict. It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.

The Nature of International Humanitarian Law

Anne Quintin
The Nature of International Humanitarian Law Book PDF

Author : Anne Quintin
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 43,8 Mb
Release : 2020-09-25
Category : Law
ISBN : 9781839107443

Get Book

The Nature of International Humanitarian Law by Anne Quintin Pdf

This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.

Searching for a 'Principle of Humanity' in International Humanitarian Law

Dr Kjetil Mujezinovic Larsen,Camilla Guldahl Cooper,Gro Nystuen
Searching for a Principle of Humanity in International Humanitarian Law Book PDF

Author : Dr Kjetil Mujezinovic Larsen,Camilla Guldahl Cooper,Gro Nystuen
Publisher : Cambridge University Press
Page : 379 pages
File Size : 52,5 Mb
Release : 2013
Category : Law
ISBN : 9781107021846

Get Book

Searching for a 'Principle of Humanity' in International Humanitarian Law by Dr Kjetil Mujezinovic Larsen,Camilla Guldahl Cooper,Gro Nystuen Pdf

This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.

Military Professionalism and Humanitarian Law

Yishai Beer
Military Professionalism and Humanitarian Law Book PDF

Author : Yishai Beer
Publisher : Oxford University Press
Page : 320 pages
File Size : 52,7 Mb
Release : 2018-04-09
Category : Law
ISBN : 9780190881153

Get Book

Military Professionalism and Humanitarian Law by Yishai Beer Pdf

This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.

The Handbook of International Humanitarian Law

Michael Bothe
The Handbook of International Humanitarian Law Book PDF

Author : Michael Bothe
Publisher : Oxford University Press
Page : 767 pages
File Size : 52,7 Mb
Release : 2013-08-29
Category : History
ISBN : 9780199658800

Get Book

The Handbook of International Humanitarian Law by Michael Bothe Pdf

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.

Advanced Introduction to International Humanitarian Law

Robert Kolb
Advanced Introduction to International Humanitarian Law Book PDF

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 233 pages
File Size : 46,6 Mb
Release : 2014-12-31
Category : Law
ISBN : 9781783477524

Get Book

Advanced Introduction to International Humanitarian Law by Robert Kolb Pdf

This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions _ which are at times challenging and controversial _ in order to get to the very essence of the subject a

Proportionality in International Humanitarian Law

Jeroen Christiaan van den Boogaard
Proportionality in International Humanitarian Law Book PDF

Author : Jeroen Christiaan van den Boogaard
Publisher : Unknown
Page : 473 pages
File Size : 44,5 Mb
Release : 2019
Category : Electronic
ISBN : 9493124037

Get Book

Proportionality in International Humanitarian Law by Jeroen Christiaan van den Boogaard Pdf

Het onderwerp van dit proefschrift is het beginsel van proportionaliteit binnen het humanitair oorlogsrecht (HOR).

The Contemporary Law of Targeting

Ian Henderson
The Contemporary Law of Targeting Book PDF

Author : Ian Henderson
Publisher : BRILL
Page : 288 pages
File Size : 42,8 Mb
Release : 2009-10-26
Category : Law
ISBN : 9789047428268

Get Book

The Contemporary Law of Targeting by Ian Henderson Pdf

This book provides an analysis of the law of targeting during an armed conflict; focusing on what is a lawful target, what is proportional collateral damage, and describing a process by which legal responsibility for targeting decisions can be assessed.

The Oxford Guide to International Humanitarian Law

Ben Saul,Dapo Akande
The Oxford Guide to International Humanitarian Law Book PDF

Author : Ben Saul,Dapo Akande
Publisher : Oxford University Press
Page : 481 pages
File Size : 48,6 Mb
Release : 2020-05-07
Category : Law
ISBN : 9780192597496

Get Book

The Oxford Guide to International Humanitarian Law by Ben Saul,Dapo Akande Pdf

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.

Revisiting Proportionality in International and European Law

Ulf Linderfalk,Eduardo Gill-Pedro
Revisiting Proportionality in International and European Law Book PDF

Author : Ulf Linderfalk,Eduardo Gill-Pedro
Publisher : BRILL
Page : 230 pages
File Size : 54,7 Mb
Release : 2021-05-12
Category : Law
ISBN : 9789004448070

Get Book

Revisiting Proportionality in International and European Law by Ulf Linderfalk,Eduardo Gill-Pedro Pdf

In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.