Non Combatant Immunity As A Norm Of International Humanitarian Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Non Combatant Immunity As A Norm Of International Humanitarian Law PDF full book. Access full book title Non Combatant Immunity As A Norm Of International Humanitarian Law.
Author | : Judith Gail Gardam |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 218 |
Release | : 1993-04-08 |
Genre | : Law |
ISBN | : 9780792322450 |
Download Non-combatant Immunity as a Norma of International Humanitarian Law Book in PDF, ePub and Kindle
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.
Author | : Judith Gail Gardam |
Publisher | : BRILL |
Total Pages | : 213 |
Release | : 2023-11-27 |
Genre | : Law |
ISBN | : 9004632409 |
Download Non-Combatant Immunity as a Norm of International Humanitarian Law Book in PDF, ePub and Kindle
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.
Author | : Emily Crawford |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2022-01-22 |
Genre | : Law |
ISBN | : 0198819854 |
Download Non-Binding Norms in International Humanitarian Law Book in PDF, ePub and Kindle
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
Author | : Kubo Macak |
Publisher | : Oxford University Press |
Total Pages | : 304 |
Release | : 2018-07-12 |
Genre | : Law |
ISBN | : 0192551787 |
Download Internationalized Armed Conflicts in International Law Book in PDF, ePub and Kindle
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 | : Camilla Guldahl Cooper |
Publisher | : BRILL |
Total Pages | : 498 |
Release | : 2019-12-02 |
Genre | : Law |
ISBN | : 9004401687 |
Download NATO Rules of Engagement Book in PDF, ePub and Kindle
In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
Author | : Jean-Marie Henckaerts |
Publisher | : Cambridge University Press |
Total Pages | : 610 |
Release | : 2005-03-03 |
Genre | : Law |
ISBN | : 0521808995 |
Download Customary International Humanitarian Law Book in PDF, ePub and Kindle
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.
Author | : Adil Ahmad Haque |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0199687390 |
Download Law and Morality at War Book in PDF, ePub and Kindle
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.
Author | : Brian Smith |
Publisher | : BRILL |
Total Pages | : 497 |
Release | : 2022-04-25 |
Genre | : History |
ISBN | : 9004515488 |
Download A History of Military Morals Book in PDF, ePub and Kindle
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.
Author | : Henry Shue |
Publisher | : Oxford University Press |
Total Pages | : 692 |
Release | : 2016-03-24 |
Genre | : Political Science |
ISBN | : 0191080217 |
Download Fighting Hurt Book in PDF, ePub and Kindle
Some of our most fundamental moral rules are violated by the practices of torture and war. If one examines the concrete forms these practices take, can the exceptions to the rules necessary to either torture or war be justified? Fighting Hurt brings together key essays by Henry Shue on the issue of torture, and relatedly, the moral challenges surrounding the initiation and conduct of war, and features a new introduction outlining the argument of the essays, putting them into context, and describing how and in what ways his position has modified over time. The first six chapters marshal arguments that have been refined over 35 years for the conclusion that torture can never be justified in any actual circumstances whatsoever. The practice of torture has nothing significant in common with the ticking bomb scenario often used in its defence, and weak U.S. statutes have loop-holes for psychological torture of the kind now favoured by CIA in the 'war against terrorism'. The other sixteen chapters maintain that for as long as wars are in fact fought, it is morally urgent to limit specific destructive practices that cannot be prohibited. Two possible exceptions to the UN Charter's prohibition on all but defensive wars, humanitarian military intervention and preventive war to eliminate WMD, are evaluated; and one possible exception to the principle of discrimination, Michael Walzer's 'supreme emergency', is sharply criticized. Two other fundamental issues about the rules for the conduct of war receive extensive controversial treatment. The first is the rules to limit the bombing of dual-use infrastructure, with a focus on alternative interpretations of the principle of proportionality that limits 'collateral damage'. The second is the moral status of the laws of war as embodied in International Humanitarian Law. It is argued that the current philosophical critique of IHL by Jeff McMahan focused on individual moral liability to attack is an intellectual dead-end and that the morally best rules are international laws that are the same for all fighters. Examining real cases, including U.S. bombing of Iraq in 1991, the Clinton Administration decision not to intervene in the 1994 Rwandan genocide, NATO bombing of Serbia in 1999, and CIA torture after 9/11 and its alternatives, this book is highly accessible to general readers who are interested in the ethical status of American political life, especially foreign policy.
Author | : Howard M. Hensel |
Publisher | : Routledge |
Total Pages | : 309 |
Release | : 2016-03-03 |
Genre | : Political Science |
ISBN | : 1317025873 |
Download The Legitimate Use of Military Force Book in PDF, ePub and Kindle
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.