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Non Combatant Immunity As A Norm Of International Humanitarian Law
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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.
Book Synopsis Non-Combatant Immunity as a Norm of International Humanitarian Law by : Judith Gail Gardam
Download or read book Non-Combatant Immunity as a Norm of International Humanitarian Law written by Judith Gail Gardam and published by BRILL. This book was released on 2023-11-27 with total page 213 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.
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.
Book Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak
Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak and published by Oxford University Press. This book was released on 2018-07-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Handbook of International Humanitarian Law by : Michael Bothe
Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Morality at War by : Adil Ahmad Haque
Download or read book Law and Morality at War written by Adil Ahmad Haque and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions --Flap of book cover.
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.
Book Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar
Download or read book The Oxford Handbook of Ethics of War written by Seth Lazar and published by Oxford University Press. This book was released on 2018-01-12 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
Book Synopsis Searching for a 'Principle of Humanity' in International Humanitarian Law by : Dr Kjetil Mujezinovic Larsen
Download or read book Searching for a 'Principle of Humanity' in International Humanitarian Law written by Dr Kjetil Mujezinovic Larsen and published by Cambridge University Press. This book was released on 2013 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
Book Synopsis Classification of Conflicts in International Humanitarian Law by : Noam Zamir
Download or read book Classification of Conflicts in International Humanitarian Law written by Noam Zamir and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Targeted Killings and International Law by : Roland Otto
Download or read book Targeted Killings and International Law written by Roland Otto and published by Springer Science & Business Media. This book was released on 2011-12-01 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Existing international law is capable to govern the “war on terror” also in the aftermath of September 11, 2001. The standards generally applicable to targeted killings are those of human rights law. Force may be used in order to address immediate threats, preventive killings are permitted under strict preconditions but targeted killings are prohibited. In the context of armed conflicts, these standards are complemented by international humanitarian law as lex specialis. Civilians may only be targeted while directly taking part in hostilities and posing a threat to the adversary. Also in Israel and the Occupied Territory, these standards apply. Contrary to the Israeli Supreme Court’s view, international humanitarian law is not complemented by human rights law, but human rights law is – to some degree – complemented by international humanitarian law. According to these standards, many killings which would be legal according to the Israeli Supreme Court violate international law.
Book Synopsis A History of Military Morals by : Brian Smith
Download or read book A History of Military Morals written by Brian Smith and published by BRILL. This book was released on 2022-04-25 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historiography demonstrates how theorists have rationalized killing the innocent in war. It shows how moral arguments about killing the innocent respond to material conditions, and it explains how we have arrived at the post-World War II convention.
Book Synopsis International Humanitarian Law by : Marco Sassòli
Download or read book International Humanitarian Law written by Marco Sassòli and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.
Book Synopsis Ethics of Armed Conflict by : John W. Lango
Download or read book Ethics of Armed Conflict written by John W. Lango and published by Edinburgh University Press. This book was released on 2014-01-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.
Download or read book Killing in War written by Jeff McMahan and published by OUP Oxford. This book was released on 2009-04-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.
Book Synopsis The Legitimate Use of Military Force by : Howard M. Hensel
Download or read book The Legitimate Use of Military Force written by Howard M. Hensel and published by Routledge. This book was released on 2016-03-03 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Israel Yearbook on Human Rights, Volume 25 (1995) by : Yoram Dinstein
Download or read book Israel Yearbook on Human Rights, Volume 25 (1995) written by Yoram Dinstein and published by BRILL. This book was released on 2020-10-26 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 25 contains, among others, articles on The Israel Supreme Court and the Law of Belligerent Occupation; The Gaza and Jericho Autonomy and Human Rights; and The Contribution of Latin America to the Development of the International Court of Justice.
