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The Changing Face Of Conflict And The Efficacy Of International Humanitarian Law
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Book Synopsis The Changing Face of Conflict and the Efficacy of International Humanitarian Law by : Helen Durham
Download or read book The Changing Face of Conflict and the Efficacy of International Humanitarian Law written by Helen Durham and published by BRILL. This book was released on 2022-10-31 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is indisputable that the way armed conflict is conducted has changed dramatically in the last half of the twentieth century. The contributions to this volume accept the reality of these changes and seek to assess the efficacy of certain aspects of international humanitarian law. The volume commences with a critical evaluation of the 1977 Protocols additional to the four Geneva Conventions of 1949. Subsequent chapters consider increasing protection for women and minorities in armed conflict; efforts to control the weapons of war; identifying the law applicable to peace operations; and current developments in the enforcement of international humanitarian law. One general theme which emerges from a number of chapters is the importance of the relationship between international humanitarian law and other relevant areas of international law. Most of the contributors also applaud recent developments towards effective enforcement of the established principles of this important area of international law.
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 2009-06-24 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2009 in the subject 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.
Book Synopsis An Introduction to the International Law of Armed Conflicts by : Robert Kolb
Download or read book An Introduction to the International Law of Armed Conflicts written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
Book Synopsis International Law's Invisible Frames by : Andrea Bianchi
Download or read book International Law's Invisible Frames written by Andrea Bianchi and published by Oxford University Press. This book was released on 2021 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
Book Synopsis Constraints on the Waging of War by : Frits Kalshoven
Download or read book Constraints on the Waging of War written by Frits Kalshoven and published by Martinus Nijhoff Publishers. This book was released on 1987 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS.
Book Synopsis International Humanitarian Law by : Nils Melzer
Download or read book International Humanitarian Law written by Nils Melzer and published by . This book was released on 2016 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis War, Conflict and Human Rights by : Chandra Lekha Sriram
Download or read book War, Conflict and Human Rights written by Chandra Lekha Sriram and published by Routledge. This book was released on 2009-07-06 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: War, Conflict and Human Rights is an innovative new inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. Making use of both theoretical and practical approaches, this book: examines the tensions and complementarities between protection of human rights and resolution of conflict - the competing political demands and the challenges posed by internal armed conflict; explores the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, the Democratic Republic of Congo and the former Yugoslavia, as well as the 'Global War on Terror'; assesses the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court; discusses continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This book will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally. Chandra Sriram is Professor of International Law at the University of East London and Director of the Centre for Human Rights in Conflict. Olga Martin-Ortega is a Research Fellow at the Centre for Human Rights in Conflict at the University of East London. Johanna Herman is Research Fellow at the Centre on Human Rights in Conflict at the University of East London.
Book Synopsis Internal Conflict and the International Community by : Roderic Alley
Download or read book Internal Conflict and the International Community written by Roderic Alley and published by Taylor & Francis. This book was released on 2017-07-05 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful book Roderic Alley debates whether conflict within states has emerged as the Achilles Heel of the international community. Utilizing a variety of case materials, the book finds internal conflict posing serious, potentially debilitating challenges to existing institutional, policy and analytical practices in international relations. It will greatly interest senior undergraduates, post-graduates and scholars of international relations, comparative politics, development studies, international law and security and defence studies.
Book Synopsis New War Technologies and International Law by : Kobi Leins
Download or read book New War Technologies and International Law written by Kobi Leins and published by Cambridge University Press. This book was released on 2022-02-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The desire for humanity and the desire for security have co-existed as long as humans have been alive. As science has become increasingly sophisticated, so have the methods of self-defence by States. Nanotechnology is already changing warfare by increasing capabilities upon which armed forces are heavily reliant: more efficient energy storage, advanced photovoltaics, and improved military protective equipment to name a few of these developments. Some applications of nanomaterials by the military are both powerful and subtle, and have neurological and biological applications: 'devices that can infiltrate electronics and seize control at crucial moments, artificial “disease” agents that can rest harmlessly in victims' bodies until activated by an external signal'. The advance of the use or contemplation of use of these types of nanoscale applications by the military requires urgent analysis in light of existing international law, particularly in light of their potential effects on humans and on the environment.
Book Synopsis Regulating the Use of Force by United Nations Peace Support Operations by : Charuka Ekanayake
Download or read book Regulating the Use of Force by United Nations Peace Support Operations written by Charuka Ekanayake and published by Routledge. This book was released on 2021-05-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book attempts to deduce regulatory standards that can close the gaps between the Promises made and the Outcomes secured by the United Nations in relation to its use of force. It explores two broad questions in this regard: why the contemporary legal framework relevant to the regulation of force during Armed Conflict cannot close the gaps between the said Promises and Outcomes and how the ‘Unified Use of Force Rule’ formulated herein, achieves this. This is the first book to coherently analyse the moral as well as legal aspects relevant to UN use of force. UN peace operations are rapidly changing. Deployed peacekeepers are now required to use force in pursuance of numerous objectives such as self-defence, protecting civilians, and carrying out targeted offensive operations. As a result, questions about when, where, and how to use force have now become central to peacekeeping. While UN peace operations have managed to avoid catastrophes of the magnitude of Rwanda and Srebrenica for over two decades, crucial gaps still exist between what the UN promises on the use of force front, and what it achieves. Current conflict zones such as the Central African Republic, Eastern Congo, and Mali stand testament to this. This book searches for answers to these issues and identifies how an innovative mix of the relevant legal and moral rules can produce regulatory standards that can allow the UN to keep their promises. The discussion covers analytical ground that must be traversed ‘behind the scenes’ of UN deployment, well before the first troops set foot on a battlefield. The analysis ultimately produces a ‘Unified Use of Force Rule’, that can either be completely or partially used as a model set of Rules of Engagement by UN forces. This book will be immensely beneficial to law students, researchers, academics and practitioners in the fields of international relations, international law, peacekeeping, and human rights.
Book Synopsis The Law of Occupation by : Yutuka Arai
Download or read book The Law of Occupation written by Yutuka Arai and published by BRILL. This book was released on 2009-04-24 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Book Synopsis Crimes against Humanity by : M. Cherif Bassiouni
Download or read book Crimes against Humanity written by M. Cherif Bassiouni and published by Cambridge University Press. This book was released on 2011-04-25 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
Book Synopsis Black Women and International Law by : Gabrielle Kirk McDonald
Download or read book Black Women and International Law written by Gabrielle Kirk McDonald and published by Cambridge University Press. This book was released on 2015-04-30 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the manifold relationship between black women and international law, highlighting the historic and contemporary ways they have influenced and been influenced.
Book Synopsis International Law and Armed Conflict: Exploring the Faultlines by : Michael Schmitt
Download or read book International Law and Armed Conflict: Exploring the Faultlines written by Michael Schmitt and published by BRILL. This book was released on 2007-08-30 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein’s classic works – War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict − the book addresses both ius ad bellum and ius in bello topics.
Book Synopsis War crimes and crimes against humanity in the Rome Statute of the International Criminal Court by : Christine Byron
Download or read book War crimes and crimes against humanity in the Rome Statute of the International Criminal Court written by Christine Byron and published by Manchester University Press. This book was released on 2013-07-19 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction. This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.
Book Synopsis Protection of Personnel in Peace Operations by : Ola Engdahl
Download or read book Protection of Personnel in Peace Operations written by Ola Engdahl and published by BRILL. This book was released on 2007-02-28 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1994 Convention on the Safety of United Nations and Associated Personnel (Safety Convention) was the first multilateral convention to deal specifically with the protection of personnel engaged in peace operations. It should be viewed against the background of the increasingly volatile environments in which peace operation personnel were required to operate at the beginning of the 1990s. An Optional Protocol, extending the automatic application of the Safety Convention to new categories of operation, was adopted in December 2005. Protection, which a host government is responsible for securing for personnel in peace operations, may be categorised as general and special protection. The former includes, for example, human rights law and international humanitarian law. The latter comprises privileges and immunities accorded to agents of states or organisations. The contribution of the Safety Convention is mainly one of interstate penal law co-operation. States parties are obligated to co-operate in order to effectively prosecute the perpetrators of stipulated crimes. The protection afforded by the Safety Convention may therefore be categorised as being part of an emerging legal regime against impunity. An effective protection needs to address the specific challenges surrounding peace operations. Some of these challenges, identified in this study, are related to the interplay between the rules of peace and war as well as responsibility and accountability of protected personnel. It is also contended that there is a need for an effective implementation of existing rules, and a careful development of so-called status-of-forces agreements applicable in peace operations.
Book Synopsis The Formation of the Treaty Law of Non-International Armed Conflicts by : Laura Perna
Download or read book The Formation of the Treaty Law of Non-International Armed Conflicts written by Laura Perna and published by BRILL. This book was released on 2006-06-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this work is to trace the processes that led and continue to lead to the formation of the treaty norms applicable in non-international armed conflicts. If the purpose of humanitarian law is to achieve a balance between military necessity and humanitarian considerations and to prevent unnecessary suffering and destruction, humanitarian law rules should be equally applicable to both international and internal armed conflicts. Whilst, however, there are a huge number of treaty provisions applicable to international armed conflicts, very few provisions are specifically designed to regulate non-international armed conflicts despite the dramatic increase in the number of such conflicts. The study investigates the reasons behind the differences by analysing, inter alia, questions such as: Where does the international law of internal armed conflicts come from? Why did it evolve differently from the law regulating international armed conflicts? Where is the international law of internal armed conflicts going?
