Belligerent Reprisals

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Belligerent Reprisals

Author : Frits Kalshoven
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.

Belligerent Reprisals from Enforcement to Reciprocity

Author : Francesco Romani
Publisher : Cambridge University Press
ISBN 13 : 9781108831840
Total Pages : 0 pages
Book Rating : 4.8/5 (318 download)

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Book Synopsis Belligerent Reprisals from Enforcement to Reciprocity by : Francesco Romani

Download or read book Belligerent Reprisals from Enforcement to Reciprocity written by Francesco Romani and published by Cambridge University Press. This book was released on 2024-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Laws of War and Belligerent Reprisals Agaisnt Enemy Civilian Populations

Author : Matt Combes Cavendish Bristol
Publisher :
ISBN 13 :
Total Pages : 110 pages
Book Rating : 4.:/5 (712 download)

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Book Synopsis The Laws of War and Belligerent Reprisals Agaisnt Enemy Civilian Populations by : Matt Combes Cavendish Bristol

Download or read book The Laws of War and Belligerent Reprisals Agaisnt Enemy Civilian Populations written by Matt Combes Cavendish Bristol and published by . This book was released on 1979 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Continuing Role for Belligerent Reprisals

Author : Philip L. Sutter
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Continuing Role for Belligerent Reprisals by : Philip L. Sutter

Download or read book The Continuing Role for Belligerent Reprisals written by Philip L. Sutter and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The rumours of my demise are greatly exaggerated.' - Mark Twain The enforcement of the law of war has always been a difficult proposition. It has become even more difficult in recent conflicts given the propensity of combatants to employ unlawful violence to further their cause. Such horrific conduct begs the question, how does the law of war restrain violators? There are many potential methods, among them war crimes tribunals and international mediation, but the subject of this article is the final enforcement mechanism: belligerent reprisals. It is a doctrine that responds to unlawful conduct by inflicting the same violation upon the violators in order to force them to cease. The doctrine of reprisals has fallen into disuse as numerous commentators suggest that it is no longer effective and soon to slip into complete illegality. However, reprisals utilizing a prohibited weapon remain lawful. And, for a number of states, reprisals against captured enemy combatants remain lawful. Violating the law of war, even in a manner it allows, is a repugnant act, yet an even more repugnant act is to allow an adversary to violate that same law with impunity.

The Oxford Guide to International Humanitarian Law

Author : Ben Saul
Publisher : Oxford University Press
ISBN 13 : 0192597493
Total Pages : 481 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Guide to International Humanitarian Law by : Ben Saul

Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

Belligerent reprisals, pref

Author : Frits Kalshoven
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (844 download)

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Book Synopsis Belligerent reprisals, pref by : Frits Kalshoven

Download or read book Belligerent reprisals, pref written by Frits Kalshoven and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Persistence of Reciprocity in International Humanitarian Law

Author : Bryan Peeler
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.

The Conduct of Hostilities Under the Law of International Armed Conflict

Author : Yoram Dinstein
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

Yearbook of International Humanitarian Law - 2002

Author : Horst Fischer
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.

Belligerent Reprisals as Seen in the Light of the Diplomatic Conference on Humanitarian Law, Geneva 1974-1977

Author : Stanisław Edward Nahlik
Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (867 download)

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Book Synopsis Belligerent Reprisals as Seen in the Light of the Diplomatic Conference on Humanitarian Law, Geneva 1974-1977 by : Stanisław Edward Nahlik

Download or read book Belligerent Reprisals as Seen in the Light of the Diplomatic Conference on Humanitarian Law, Geneva 1974-1977 written by Stanisław Edward Nahlik and published by . This book was released on 1978 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Military Necessity

Author : Nobuo Hayashi
Publisher : Cambridge University Press
ISBN 13 : 1108484719
Total Pages : 453 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Military Necessity by : Nobuo Hayashi

Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.

The Woomera Manual on the International Law of Military Space Operations

Author :
Publisher : Oxford University Press
ISBN 13 : 0192698141
Total Pages : 481 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Woomera Manual on the International Law of Military Space Operations by :

Download or read book The Woomera Manual on the International Law of Military Space Operations written by and published by Oxford University Press. This book was released on 2024-04-18 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military uses in space are rapidly changing and expanding, challenging both states and non-governmental agencies in identifying and applying the governing rules. In the midst of these challenges, states, policymakers, and practitioners must engage with new, real circumstances in space, not merely hypothetical threats or problems. As a contribution to the understudied but crucial field, The Woomera Manual on the International Law of Military Space Activities and Operations is interdisciplinary in nature— drawing on space law, national security law, technology, international law, and diplomacy. Thus, The Woomera Manual serves as the first comprehensive examination of the field. In it, all three phases of military space interactions are analyzed (during times of peace, tension or crisis, and armed conflict), with relevance to both the public and private space sectors. Utilizing meticulous research and focusing particularly on state practice, it explores the interaction of different legal regimes, including space law, the UN Charter, other treaty-based regimes, as well as international humanitarian law. Through an extensive consultation process with state and NGO representatives from across the globe, The Woomera Manual serves as a practical and reliable resource in the emerging field of space law. This book is a critical resource for any entity navigating the increasingly consequential subject of space operations by providing an outline for more predictable and peaceful cooperation.

Proportionality in International Humanitarian Law

Author : Jeroen van den Boogaard
Publisher : Cambridge University Press
ISBN 13 : 1108960057
Total Pages : 331 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Proportionality in International Humanitarian Law by : Jeroen van den Boogaard

Download or read book Proportionality in International Humanitarian Law written by Jeroen van den Boogaard and published by Cambridge University Press. This book was released on 2023-06-30 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict. It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.

Collective Responsibility and Accountability under International Law

Author : Shane Darcy
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. Published under the Transnational Publishers imprint.

Military Law Review

Author :
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:

The Law of Targeting

Author : William H. Boothby
Publisher : OUP Oxford
ISBN 13 : 019163994X
Total Pages : 652 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Law of Targeting by : William H. Boothby

Download or read book The Law of Targeting written by William H. Boothby and published by OUP Oxford. This book was released on 2012-08-16 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy. The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.

Searching for a 'Principle of Humanity' in International Humanitarian Law

Author : Dr Kjetil Mujezinovic Larsen
Publisher : Cambridge University Press
ISBN 13 : 1107021847
Total Pages : 379 pages
Book Rating : 4.1/5 (7 download)

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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.