Reflections On Law And Armed Conflicts

Author : Gerald Irving Anthony Dare Draper
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105578
Total Pages : 322 pages
Book Rating : 4.73/5 ( download)

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Download or read book Reflections on Law and Armed Conflicts written by Gerald Irving Anthony Dare Draper and published by Martinus Nijhoff Publishers. This book was released on 1998-05-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: CHAPTER 5: WAR CRIMINALITY.

Author : Frits Kalshoven
Publisher : BRILL
ISBN 13 : 9047420837
Total Pages : 1128 pages
Book Rating : 4.35/5 ( download)

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Download or read book Reflections on the Law of War written by Frits Kalshoven and published by BRILL. This book was released on 2007-05-31 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

Author : Hilaire McCoubrey
Publisher : BRILL
ISBN 13 : 9004642595
Total Pages : 318 pages
Book Rating : 4.91/5 ( download)

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Download or read book Reflections on Law and Armed Conflicts written by Hilaire McCoubrey and published by BRILL. This book was released on 2023-12-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume presents an edited selection of works upon the laws of armed conflict by the late Professor Colonel G. I. A. D. Draper, OBE. Professor Colonel Draper was a central figure in the analysis and dissemination of the humanitarian laws of armed conflict in the English-speaking world. He had a wide practical and academic experience of the subject including service as a prosecutor at the Nuremberg trials. His work covered not only the contemporary substance of the law but also its moral, ethical and political context, the pressures upon its development and its potential for further positive, and other, development. This edited collection presents a very significant part of Professor Colonel Draper’s work, including many pieces which are no longer readily accessible or have never before been published, with modern commentary referring to developments which have occurred since his death. The late Professor Colonel’s work is an important scholarly contribution to the subject and also retains a very great degree of modern relevance, including comment upon such issues as war crimes and appropriate responses to them. The Editors present this collection as both an important scholarly and practical resource and a fitting tribute to one of the great twentieth century contributors to this area of law.

Author : Kubo Macak
Publisher : Oxford University Press
ISBN 13 : 0192551787
Total Pages : 304 pages
Book Rating : 4.88/5 ( download)

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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.

Author : Gerd Oberleitner
Publisher : Cambridge University Press
ISBN 13 : 1107087546
Total Pages : 433 pages
Book Rating : 4.45/5 ( download)

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Download or read book Human Rights in Armed Conflict written by Gerd Oberleitner and published by Cambridge University Press. This book was released on 2015-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

Author : Robert Kolb
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314600
Total Pages : 372 pages
Book Rating : 4.04/5 ( download)

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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.

Author : Kolb, Robert
Publisher : Edward Elgar Publishing
ISBN 13 : 1789900972
Total Pages : 552 pages
Book Rating : 4.72/5 ( download)

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Download or read book Research Handbook on Human Rights and Humanitarian Law written by Kolb, Robert and published by Edward Elgar Publishing. This book was released on 2022-05-03 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transport Economics is a revised and refined fourth edition of a well-established textbook which applies economic analysis to transport issues. Each chapter has been carefully reworked and includes new material dealing with the regulation of transport markets. To assist in pedagogy, twenty or so free standing ‘Exhibits’ now provide a variety of case studies and narratives to supplement the text. More up-to-date examples and illustrations also make the understanding of economic principles easier and assist in the assimilation of economic concepts.

Author : Astrid Delissen
Publisher : Springer
ISBN 13 :
Total Pages : 708 pages
Book Rating : 4.07/5 ( download)

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Download or read book Humanitarian Law of Armed Conflict:Challenges Ahead written by Astrid Delissen and published by Springer. This book was released on 1991-07-02 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of essays is entitled Challenges Ahead'. An ambitious title, but an appropriate one; for the contributors, as the 21st century draws near, ask themselves a number of basic questions about the future of the law in a world undergoing such profound changes. Their reflections will certainly give both cause for hope and reason to fear. This "Liber Amicorum" dedicated to Professor Frits Kalshoven, is written by specialists who for many years have given their best to the development and promotion of humanitarian law. It will make a significant contribution to the understanding of international humanitarian law.

Author : Paul J. I. M. De Waart
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105035
Total Pages : 536 pages
Book Rating : 4.34/5 ( download)

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Download or read book Reflections on International Law from the Low Countries written by Paul J. I. M. De Waart and published by Martinus Nijhoff Publishers. This book was released on 1998-01-01 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work brings together 28 essays specially written by international lawyers based in or associated with The Netherlands & Belgium to honour Professor Paul de Waart on his retirement from the Vrije Universiteit, Amsterdam. The experience & insight derived from his careers as journalist, foreign affairs officer, diplomat, pragmatic administrator & law professor have made him a distinguished scholar. His work has resulted in a host of academic publications on contemporary international law issues. The topics are clustered around the main foci of the research interests of Paul de Waart, including: international economic law & development, human rights, international criminal jurisdiction, the United Nations & peace & security, the protection of cultural property & the environment, & international dispute settlement. The international law communities in the Low Countries are linked through many bonds such as language (Dutch & Flemish), legal history, common teachers, & frequent inter-university contacts. As such the book may be viewed as a reflection of international law studies as they are currently practised in these two countries.

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
ISBN 13 : 0191632236
Total Pages : 568 pages
Book Rating : 4.35/5 ( download)

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Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.