Military Professionalism and Humanitarian Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190881151
Total Pages : 320 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Military Professionalism and Humanitarian Law by : Yishai Beer

Download or read book Military Professionalism and Humanitarian Law written by Yishai Beer and published by Oxford University Press. This book was released on 2018-04-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Proportionality in International Humanitarian Law

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Publisher : Oxford University Press
ISBN 13 : 0197556744
Total Pages : 262 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Proportionality in International Humanitarian Law by : Amichai Cohen

Download or read book Proportionality in International Humanitarian Law written by Amichai Cohen and published by Oxford University Press. This book was released on 2021-01-18 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Humanitarian Law and Non-State Actors

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Publisher : Springer Nature
ISBN 13 : 9462653399
Total Pages : 451 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Humanitarian Law and Non-State Actors by : Ezequiel Heffes

Download or read book International Humanitarian Law and Non-State Actors written by Ezequiel Heffes and published by Springer Nature. This book was released on 2019-11-28 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

Military Ethics

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Publisher : Oxford University Press
ISBN 13 : 0199336881
Total Pages : 281 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Military Ethics by : George R. Lucas

Download or read book Military Ethics written by George R. Lucas and published by Oxford University Press. This book was released on 2016 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: An approachable, case-driven account of global military ethics. Raises and responds to some of the most important and provocative questions about the proper role and conduct of military organizations and their members. Links sweeping, centuries-old political issues regarding war and the use of force in international relations to the day-to-day responsibilities of the individual members of the profession.

National Military Manuals on the Law of Armed Conflict

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Author :
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081031
Total Pages : 276 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis National Military Manuals on the Law of Armed Conflict by : Nobuo Hayashi

Download or read book National Military Manuals on the Law of Armed Conflict written by Nobuo Hayashi and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-07-23 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Armed Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110883163X
Total Pages : 779 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Law of Armed Conflict by : Gary D. Solis

Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2021-10-21 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.

U.S. Military Operations

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Publisher : Oxford University Press
ISBN 13 : 0199363188
Total Pages : 504 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis U.S. Military Operations by : Geoffrey S. Corn

Download or read book U.S. Military Operations written by Geoffrey S. Corn and published by Oxford University Press. This book was released on 2015-11-04 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

The Development and Principles of International Humanitarian Law

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Publisher : Routledge
ISBN 13 : 1351545086
Total Pages : 587 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Development and Principles of International Humanitarian Law by : MichaelN. Schmitt

Download or read book The Development and Principles of International Humanitarian Law written by MichaelN. Schmitt and published by Routledge. This book was released on 2017-07-05 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.

The Handbook of International Humanitarian Law

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Publisher : OUP Oxford
ISBN 13 : 0191029882
Total Pages : 812 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Handbook of International Humanitarian Law by : Dieter Fleck

Download or read book The Handbook of International Humanitarian Law written by Dieter Fleck and published by OUP Oxford. This book was released on 2008-01-24 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition the work previously known as The Handbook of Humanitarian Law in Armed Conflicts sets out an international 'manual' of humanitarian law in armed conflicts accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. Topics examined include the historical development, legal basis, and scope of application of international humanitarian law; methods and means of combat; protection of the civilian population, and of the wounded, sick or shipwrecked, and of prisoners of war; the protection of cultural property; the law of neutrality; and the enforcement of international humanitarian law. This edition also incorporates new chapters covering the law of non-international armed conflicts and international peace operations. Highly topical issues including the role of the UN security council, the relevance of International Humanitarian Law in peacetime and post-conflict military operations, and enforcement through trials for war crimes in national and international courts are also discussed.

The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts

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Author :
Publisher : Springer
ISBN 13 : 3319422316
Total Pages : 237 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts by : Mohamad Ghazi Janaby

Download or read book The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts written by Mohamad Ghazi Janaby and published by Springer. This book was released on 2016-08-31 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.

The Oxford Handbook of International Law in Armed Conflict

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Publisher :
ISBN 13 : 0199559694
Total Pages : 1009 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham

Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by . This book was released on 2014-03 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Military Missions and International Law

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Publisher : BRILL
ISBN 13 : 9004215905
Total Pages : 330 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Military Missions and International Law by : Marco Odello

Download or read book International Military Missions and International Law written by Marco Odello and published by BRILL. This book was released on 2011-10-14 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.

The Contemporary Law of Targeting

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Author :
Publisher : BRILL
ISBN 13 : 9047428269
Total Pages : 288 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Contemporary Law of Targeting by : Ian Henderson

Download or read book The Contemporary Law of Targeting written by Ian Henderson and published by BRILL. This book was released on 2009-10-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Humanitarian Law and the Changing Technology of War

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004229493
Total Pages : 375 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Humanitarian Law and the Changing Technology of War by : Dan Saxon

Download or read book International Humanitarian Law and the Changing Technology of War written by Dan Saxon and published by Martinus Nijhoff Publishers. This book was released on 2013-03-15 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.

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 : 1316453820
Total Pages : 393 pages
Book Rating : 4.3/5 (164 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 2016-04-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by the leading commentator on the subject, this is the seminal textbook on the law of international armed conflict. Focusing on recent issues arising in the course of hostilities between States, it explores the dividing line between lawful and unlawful combatants, the meaning of war crimes and command responsibility, the range of prohibited weapons, the distinction between combatants and civilians, the parameters of targeting and proportionality, the loss of protection from attack (including 'direct participation in hostilities') and special protection (granted, pre-eminently, to the environment and to cultural property). In a completely revised and updated text, the author expertly covers the key principles and includes important new issues, including the use of autonomous weapons and the complexities of urban warfare. The subtleties and nuances of the international law of armed conflict are made accessible to the student and practitioner alike, whilst retaining the academic rigour of previous editions.

The Changing Nature of War and Its Impacts on International Humanitarian Law

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3640356764
Total Pages : 37 pages
Book Rating : 4.6/5 (43 download)

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Book Synopsis The Changing Nature of War and Its Impacts on International Humanitarian Law by : Philipp Schweers

Download or read book The Changing Nature of War and Its Impacts on International Humanitarian Law written by Philipp Schweers and published by GRIN Verlag. This book was released on 2009-06 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 7,5, University of Amsterdam (Vrije Universiteit Amsterdam), course: International Humanitarian Law, language: English, abstract: At the beginning of the 21st century it seems that warfare and armed conflict get messier and more chaotic than ever before. The phenomenon of weak and fragile statehood destabilizes whole regions and makes intra-state conflict to a constant feature with spill-over character in many areas of the world. At the same time do non-state armed actors, from warlords to armed militias to terrorists to private military firms, re-enter the international conflictscene. The globalized character of contemporary organized violence, especially the phenomenon of transnational terrorism, does challenge the international security structure. While symmetric inter-state conflicts are constantly decreasing and less likely to appear, the dominant form of contemporary armed conflict is intra-state and asymmetric by nature. One of the most striking features within contemporary armed violence is the increasingly important role of civilians, as victims but also as perpetrators and participants in hostilities. The fundamental line between soldiers and civilians has long been essential to the law of war, but with the rise of transnational terrorism, warlords and other non-state actors in armed conflict this distinction gets seemingly blurred.