Belligerent Reprisals

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Publisher : BRILL
ISBN 13 : 9047415051
Total Pages : 416 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Belligerent Reprisals by : Frits Kalshoven

Download or read book Belligerent Reprisals written by Frits Kalshoven and published by BRILL. This book was released on 2005-06-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Belligerent Reprisals examines the historical developments in the law and practice relating to recourse to belligerent reprisals, as a (primitive) means of law enforcement in the hands of a party to an armed conflict, victim of a violation of the law of war at the hands of its enemy. As a legal concept, the notion means that the victim in turn violates a rule of the same body of the law of war, with the purpose of thus inducing the enemy to terminate its unlawful conduct. However, the enemy may in its turn denounce the so-called reprisal as an unlawful act of war and retaliate against it, thus setting in motion the ill-famed spiral of negative reciprocity. While early lawmakers refrained from taking up the issue, prohibitions of reprisals could be achieved in conventions adopted in 1929 and 1949 on the protection of the power of the enemy. In contrast, reprisals (or retaliatory conduct announced under that title without meeting the requisite conditions) were common practice in the conduct of hostilities, with civilians in non-occupied territory as the main victims. With major governments disinclined to give up this tool, the ban on reprisals against civilian populations ultimately accepted in the Protocols of 1977 Additional to the Geneva Conventions of 1949 could only be hard-fought, and it remains contested to this day. First published in 1971, Belligerent Reprisals has become a classic work on this complex topic. The analysis of lawmaking and state practice it contains is as valid today as it was in the late 1970’s, and elucidates the dilemmas inherent in the notion of belligerent reprisal, as a means of law enforcement that can go terribly wrong.

Yearbook of International Humanitarian Law - 2002

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Publisher : Cambridge University Press
ISBN 13 : 9789067041898
Total Pages : 1046 pages
Book Rating : 4.0/5 (418 download)

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Book Synopsis Yearbook of International Humanitarian Law - 2002 by : Horst Fischer

Download or read book Yearbook of International Humanitarian Law - 2002 written by Horst Fischer and published by Cambridge University Press. This book was released on 2011-03-04 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world’s only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

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

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Publisher : BRILL
ISBN 13 : 9004642293
Total Pages : 224 pages
Book Rating : 4.0/5 (46 download)

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

Download or read book The International Law of Armed Conflict: Personal and Material Fields of Application written by Edward K. Kwakwa and published by BRILL. This book was released on 2023-11-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Conduct of Hostilities Under the Law of International Armed Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521542272
Total Pages : 300 pages
Book Rating : 4.5/5 (422 download)

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Book Synopsis The Conduct of Hostilities Under the Law of International Armed Conflict by : Yoram Dinstein

Download or read book The Conduct of Hostilities Under the Law of International Armed Conflict written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2004-02-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A companion volume to the author's textbook War, Aggression and Self-Defence, Third Edition (Cambridge 2001), this book focuses on issues arising in the course of hostilities between States, emphasizing the most recent conflicts in Iraq and Afghanistan. Main themes considered are lawful and unlawful combatants, war crimes (including command responsibility and defenses), prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Many specific topics that have attracted much interest in recent hostilities are also addressed. Also available: War, Aggression and Self-Defence 0-521-79344-0 Hardback $110.00 C 0-521-79758-6 Paperback $40.00 D

The Persistence of Reciprocity in International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 110877587X
Total Pages : 227 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis The Persistence of Reciprocity in International Humanitarian Law by : Bryan Peeler

Download or read book The Persistence of Reciprocity in International Humanitarian Law written by Bryan Peeler and published by Cambridge University Press. This book was released on 2019-10-24 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expectation of reciprocity continues to be an important factor when states' consider their legal obligations in armed conflicts. In this monograph, Peeler looks at the text and negotiations around the 1949 Geneva Conventions and the Protocols Additional to the Geneva Conventions from 1977 to demonstrate the many places where international humanitarian law maintains expectations of reciprocity. This complements an examination of US policy regarding its Prisoner of War obligations in both the Vietnam War and the Global War on Terror, demonstrating how states make use of the expectation of reciprocity found in international humanitarian law to respond to continued non-compliance by an enemy.

The Law of Non-International Armed Conflict

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Publisher : Oxford University Press
ISBN 13 : 0199239797
Total Pages : 696 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of Non-International Armed Conflict by : Sandesh Sivakumaran

Download or read book The Law of Non-International Armed Conflict written by Sandesh Sivakumaran and published by Oxford University Press. This book was released on 2012-08-09 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Military Law Review

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Publisher :
ISBN 13 :
Total Pages : 450 pages
Book Rating : 4.:/5 (7 download)

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Book Synopsis Military Law Review by :

Download or read book Military Law Review written by and published by . This book was released on 2003 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Responsibility and Accountability under International Law

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Publisher : BRILL
ISBN 13 : 9047431286
Total Pages : 424 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Collective Responsibility and Accountability under International Law by : Shane Darcy

Download or read book Collective Responsibility and Accountability under International Law written by Shane Darcy and published by BRILL. This book was released on 2007-03-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable.

International Humanitarian Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316432505
Total Pages : 329 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis International Humanitarian Law by : Emily Crawford

Download or read book International Humanitarian Law written by Emily Crawford and published by Cambridge University Press. This book was released on 2015-09-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and concise textbook provides an accessible and up-to-date examination of international humanitarian law. With the aid of detailed examples, extracts from relevant cases, and useful discussion questions, students are expertly guided through the text. A recommended reading list is included in every chapter to support deeper engagement with the material. Emerging trends in theory and practice are also explored, allowing readers to build on their knowledge and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.

The 1949 Geneva Conventions

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Publisher : Oxford University Press
ISBN 13 : 0191003530
Total Pages : 1400 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The 1949 Geneva Conventions by : Andrew Clapham

Download or read book The 1949 Geneva Conventions written by Andrew Clapham and published by Oxford University Press. This book was released on 2015-10-15 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.

The Law of War

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Publisher : Cambridge University Press
ISBN 13 : 9780521787758
Total Pages : 564 pages
Book Rating : 4.7/5 (877 download)

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Book Synopsis The Law of War by : Ingrid Detter de Lupis Frankopan

Download or read book The Law of War written by Ingrid Detter de Lupis Frankopan and published by Cambridge University Press. This book was released on 2000-09-28 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: D Types of war.

Non-combatant Immunity as a Norma of International Humanitarian Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792322450
Total Pages : 218 pages
Book Rating : 4.3/5 (224 download)

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Book Synopsis Non-combatant Immunity as a Norma of International Humanitarian Law by : Judith Gail Gardam

Download or read book Non-combatant Immunity as a Norma of International Humanitarian Law written by Judith Gail Gardam and published by Martinus Nijhoff Publishers. This book was released on 1993-04-08 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.

The Persistence of Reciprocity in International Humanitarian Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110848669X
Total Pages : 227 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Persistence of Reciprocity in International Humanitarian Law by : Bryan Peeler

Download or read book The Persistence of Reciprocity in International Humanitarian Law written by Bryan Peeler and published by Cambridge University Press. This book was released on 2019-10-24 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.

Commentary on the Third Geneva Convention

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Publisher : Cambridge University Press
ISBN 13 : 1108981704
Total Pages : 3034 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Commentary on the Third Geneva Convention by :

Download or read book Commentary on the Third Geneva Convention written by and published by Cambridge University Press. This book was released on 2021-09-09 with total page 3034 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 1108996868
Total Pages : 497 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis International Humanitarian Law by : Nicholas Tsagourias

Download or read book International Humanitarian Law written by Nicholas Tsagourias and published by Cambridge University Press. This book was released on 2023-09-07 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinctive qualities of the second edition continue to be (i) a comprehensive and systematized presentation of cases and materials; (ii) diversity in the selected materials; (iii) accessibility; (iv) targeted commentaries; (v) can act as a standalone resource or as accompaniment to IHL textbooks.

Yearbook of the International Law Commission 2015, Vol. II, Part 1

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Author :
Publisher : United Nations
ISBN 13 : 9210053761
Total Pages : 280 pages
Book Rating : 4.2/5 (1 download)

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Book Synopsis Yearbook of the International Law Commission 2015, Vol. II, Part 1 by : International Law Commission

Download or read book Yearbook of the International Law Commission 2015, Vol. II, Part 1 written by International Law Commission and published by United Nations. This book was released on 2022-01-21 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to “initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification.” Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.