Armed Conflict And International Law In Search Of The Human Face

Author: Mariëlle Matthee
Publisher: Springer Science & Business Media
ISBN: 9067049182
Size: 18.44 MB
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This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

Fighting And Victimhood In International Criminal Law

Author: Joanna Nicholson
Publisher: Routledge
ISBN: 1317210549
Size: 48.40 MB
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The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.

International Humanitarian Law

Author: Emily Crawford
Publisher: Cambridge University Press
ISBN: 1316432505
Size: 21.22 MB
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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.

Commentary On The Second Geneva Convention

Author:
Publisher: Cambridge University Press
ISBN: 1108527566
Size: 31.23 MB
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The application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty 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 second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice 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, including naval experts. It is an essential tool for anyone working or studying within this field.

Depleted Uranium Weapons And International Law

Author: Avril McDonald
Publisher: Cambridge University Press
ISBN: 9789067042659
Size: 20.74 MB
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This books provides an in-depth analysis of the international legal aspects of the use of depleted uranium (DU) ammunition and armour. The military use of DU has been surrounded by considerable controversy, mainly as regards the health and environmental risks that such use entails. The debate about DU has thus far been highly polarised, with one end of the spectrum rejecting any risk whatsoever and the other end suggesting that the use of DU leads to severe health and environmental consequences, including Gulf-War syndrome, whenever it is used. Rather than settling these controversies, the book takes as a starting point a precautionary approach in light of the considerable remaining scientific uncertainties. It examines various principles and rules of international law, which would be at play if the health and environmental concerns regarding the use of DU were to materialise.

Law On The Use On The Force And Armed Conflict

Author: Robert Cryer
Publisher:
ISBN: 9781783474882
Size: 41.44 MB
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This comprehensive four-volume compilation presents seminal works from leading authors on the use of force and armed conflict, beginning with detailed analysis of the prohibition of forcible intervention, including interpretation of the rule and notable exceptions to it. In addition, the collection offers a wealth of important material on the law of armed conflict in connection with its foundations, applicability, sources, substance, practical application, and implementation. Together with an original introduction by the editors, the collection provides a thorough grounding in the law relating to the initial use of force and subsequent armed conflict, and is an essential source of reference for practitioners, academics and students alike.

Targeting The Challenges Of Modern Warfare

Author: Paul A.L. Ducheine
Publisher: Springer
ISBN: 9462650721
Size: 69.84 MB
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This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, ‘non-kinetic’ targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.

International Prosecution Of Human Rights Crimes

Author: Wolfgang Kaleck
Publisher: Springer Science & Business Media
ISBN: 3540462783
Size: 13.53 MB
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The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.

From Cold War To Cyber War

Author: Hans-Joachim Heintze
Publisher: Springer
ISBN: 3319190873
Size: 32.86 MB
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This book follows the history of the international law of peace and armed conflict over the last 25 years. It highlights both the parameters that have remained the same over the years as well as the new challenges now facing international law. The articles analyze new developments concerning the prohibition of the use of force in international relations, self-determination of peoples, human rights and human security as well as international coordination of humanitarian assistance.

Perspectives On Military Intelligence From The First World War To Mali

Author: Floribert Baudet
Publisher: Springer
ISBN: 9462651833
Size: 72.85 MB
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Many intelligence practitioners feel that the statutory footing on which intelligenceagencies have been placed forms an impediment to confronting unprecedented contemporarychallenges. On the basis of case studies spanning the period from the First WorldWar to the present, this book argues that while the intelligence community in the era ofglobalization has indeed come to face new and complex challenges that require adaptation,operating in demanding and changing environments is not new at all. This book questionsthe conventional wisdom of 9/11 or the end of the Cold War as caesurae. It also argues thatthe ability to adapt, innovate, question and learn from past experience is crucial for thesuccess of intelligence organizations, rather than ever-expanding funding. Agencies’ ability to reflect, adapt and learn from experience determines their subsequentcapability to deliver. One key development resulting from globalization is the markedincrease in cooperation between intelligence agencies of different countries on the onehand, and between investigative agencies and intelligence agencies on the other. This hasled to concerns over human rights and privacy and to increased calls for accountability andimproved oversight as the increase in cooperation between organizations operating globallyalso provides scope for the circumvention of domestic restrictions. This book proposes an instrument to assess the effectiveness of existing accountabilityarrangements and offers new insights into the role of (military) intelligence in anumber of crises, e.g., the 1962 Cold War confrontation over Western New Guinea, and thefunctioning of intelligence in peacekeeping operations ranging from Srebrenica to Mali. Thematically comprehensive, it offers a mixture of historical, legal, operational, and policyaspects, analyzed through the lens of institutional learning, bringing together academic andpractitioners’ perspectives. The focus lies not only on the familiar Anglo-Saxon experiencebut also on cases from India, the Netherlands, South East Asia, Bosnia, Lebanon, and Mali. The book is aimed at both scholars and practitioners studying and/or working in the fieldof civil and military intelligence, and those involved in international relations and internationalhumanitarian law/human rights law. It brings together contributions from authorswho spoke at the Conference to commemorate the 100th anniversary of the Dutch MilitaryIntelligence and Security Service, organized by the Netherlands Intelligence Studies Association(NISA), and from a number of authors who were specifically invited to participate.