Recognition Of Belligerency And The Law Of Armed Conflict

Author : Robert McLaughlin
Publisher : Oxford University Press, USA
Page : 325 pages
File Size : 55,7 Mb
Release : 2020
Category : Law
ISBN : 9780197507056

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Recognition of Belligerency and the Law of Armed Conflict by Robert McLaughlin Pdf

Prior to the progressive development of the law of armed conflict heralded by the 1949 Geneva Conventions most particularly in relation to the concepts of international and non-international armed conflict-the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from "civil wars", in which the law of war as applicable between states applied de jure. Employing a legal historical approach, this book describes the thematic and practical fundamentals of the doctrine, and analyzes some of the more significant challenges to its application. In doing so, it assesses whether, how, and why the doctrine on recognition of belligerency was considered "fit for purpose," and seeks to inform debate as to its continuity and utility within the modern scheme of the law of armed conflict.

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 46,6 Mb
Release : 2018-07-19
Category : Law
ISBN : 9780192551795

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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.

Author : Lindsay Moir
Publisher : Cambridge University Press
Page : 329 pages
File Size : 47,5 Mb
Release : 2002-01-03
Category : Law
ISBN : 9781139431736

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The Law of Internal Armed Conflict by Lindsay Moir Pdf

Laws regulating armed conflict have existed for centuries, but the bulk of these provisions have been concerned with wars between states. Relatively little attention has been paid to the enormously important area of internal armed conflict. At a time when international armed conflicts are vastly outnumbered by domestic disputes, this book seeks to redress the balance through a comprehensive analysis of those rules which exist in international law to protect civilians during internal armed conflict. From regulations in the nineteenth and early twentieth centuries according to the doctrine of recognition of belligerency, this book traces the subsequent development of international law by the Geneva Conventions and their additional Protocols, as well as through the more recent jurisprudence of the Yugoslav and Rwandan tribunals. The book also considers the application of human rights law during internal armed conflict, before assessing how effectively the applicable law is, and can be, enforced.

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 297 pages
File Size : 46,5 Mb
Release : 2014-08-21
Category : Law
ISBN : 9781107050341

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

A dispassionate analysis of the legal implications of non-international armed conflicts at a time when their number is constantly growing.

Author : Leslie C. Green
Publisher : Manchester University Press
Page : 408 pages
File Size : 55,8 Mb
Release : 1993
Category : Law
ISBN : 0719035406

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The Contemporary Law of Armed Conflict by Leslie C. Green Pdf

Author : Frits Kalshoven
Publisher : BRILL
Page : 1128 pages
File Size : 50,6 Mb
Release : 2007-06-22
Category : Law
ISBN : 9789047420835

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Reflections on the Law of War by Frits Kalshoven Pdf

The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians ... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

Author : James Upcher
Publisher : Oxford Monographs in Internati
Page : 324 pages
File Size : 52,9 Mb
Release : 2020-01-19
Category : Law
ISBN : 9780198739760

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Neutrality in Contemporary International Law by James Upcher Pdf

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.

Author : Anthony Cullen
Publisher : Cambridge University Press
Page : 237 pages
File Size : 41,6 Mb
Release : 2010-04-08
Category : Law
ISBN : 9781139486606

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The Concept of Non-International Armed Conflict in International Humanitarian Law by Anthony Cullen Pdf

Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.

Author : Noam Zamir
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 55,9 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781785367908

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Classification of Conflicts in International Humanitarian Law by Noam Zamir Pdf

Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.

Author : Georg Schwarzenberger
Publisher : Unknown
Page : 1008 pages
File Size : 52,6 Mb
Release : 1957
Category : International law
ISBN : UOM:39015005135218

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International Law: The law of armed conflict by Georg Schwarzenberger Pdf

Author : Mariëlle Matthee,Brigit Toebes,Marcel Brus
Publisher : Springer Science & Business Media
Page : 392 pages
File Size : 40,7 Mb
Release : 2013-06-26
Category : Law
ISBN : 9789067049184

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Armed Conflict and International Law: In Search of the Human Face by Mariëlle Matthee,Brigit Toebes,Marcel Brus Pdf

This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

Author : Rain Liivoja,Tim McCormack
Publisher : Routledge
Page : 968 pages
File Size : 50,6 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.

Author : Professor Howard M Hensel
Publisher : Ashgate Publishing, Ltd.
Page : 320 pages
File Size : 52,6 Mb
Release : 2013-03-28
Category : Political Science
ISBN : 9781409498643

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The Legitimate Use of Military Force by Professor Howard M Hensel Pdf

Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.

Author : Eliav Lieblich
Publisher : Routledge
Page : 305 pages
File Size : 47,7 Mb
Release : 2013-03-05
Category : Law
ISBN : 9781135069216

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International Law and Civil Wars by Eliav Lieblich Pdf

This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

Author : Stephen C. Neff
Publisher : Cambridge University Press
Page : 457 pages
File Size : 48,7 Mb
Release : 2005-08-04
Category : Law
ISBN : 9781139445238

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War and the Law of Nations by Stephen C. Neff Pdf

This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.