The conduct of hostilities in international humanitarian law

著者

書誌事項

The conduct of hostilities in international humanitarian law

edited by Michael N. Schmitt, Wolff Heintschel von Heinegg

（The library of essays in international humanitarian law）

Ashgate, c2012

  • v. 1
  • v. 2

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注記

Includes bibliographical references and indexes

内容説明・目次

巻冊次

v. 1 ISBN 9780754629351

内容説明

This volume is the first of two addressing the legal regime governing the use of force during armed conflicts. Traditionally labeled 'Hague Law', today the norms it examines are commonly referred to as 'conduct of hostilities rules'. At the heart of this body of law is the principle of distinction, which requires that civilians and civilian objects be distinguished from combatants and military objectives during military operations. It is the purest expression of the foundational balance between humanitarian considerations and military necessity that has underpinned international humanitarian law since its inception. The essays selected consider the theoretical and practical difficulties of maintaining the balance in the face of evolving means and methods of warfare and competing perspectives as to how it is best achieved. Also addressed is the law governing warfare at sea and in the air. Essays focusing on the former examine early norms and analyze their continuing relevance to today's maritime operations whilst those exploring the latter inject much needed clarity into the subject, an essential task in light of the centrality of aerial warfare in modern combat operations.

目次

  • Contents: Introduction, Michael N. Schmitt
  • Part I Distinction: Protection of civilians against the effects of hostilities under customary international law and protocol I, Waldemar A. Solf
  • The principle of discrimination in 21st century warfare, Michael N. Schmitt
  • Zero-casualty warfare, A.P.V. Rogers
  • Assessing proportionality: moral complexity and legal rules, Kenneth Watkin. Part II Maritime Warfare: Submarine warfare, A. Pearce Higgins
  • The international law of mine warfare at sea, Wolff Heintschel von Heinegg
  • Some aspects of modern contraband control and the law of prize, G.G. Fitzmaurice
  • Naval blockade, Wolff Heintschel von Heinegg
  • The exclusion zone device in the law of naval warfare, W.J. Fenrick. Part III Air Warfare: Area bombardment: rules and reasons, Hans Blix
  • Air war and the law of war, W. Hays Parks
  • Name index.
巻冊次

v. 2 ISBN 9780754629368

内容説明

The essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law's protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law's adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy, a violation of the law that weaker parties in asymmetrical conflicts are increasingly adopting as an operational tactic.

目次

  • Contents: Introduction, Michael N. Schmitt
  • Part I Weapons: The law of weaponry at the start of the new millennium, Christopher Greenwood
  • Conventional weapons under legal prohibitions, R.R. Baxter
  • Some legal aspects of the use of nuclear weapons, Ian Brownlie. Part II Persons: So-called 'unprivileged belligerency': spies, guerrillas, and saboteurs, Richard R. Baxter
  • The status of combatants and the question of guerrilla warfare, G.I.A.D. Draper
  • Special forces' wear of non-standard uniforms, W. Hays Parks
  • Unlawful combatancy, Yoram Dinstein
  • The legal situation of 'unlawful/unprivileged combatants', Knut DArmann
  • Humanitarian law and direct participation in hostilities by private contractors or civilian employees, Michael N. Schmitt
  • The status of mercenaries in international law, L.C. Green
  • The international legal protection of children in armed conflicts, Geraldine Van Bueren
  • Protection of women in armed conflict, Judith Gardam and Hilary Charlesworth. Part III Objects: Captured enemy property: booty of war and seized enemy property, William Gerald Downey Jr
  • Green war: an assessment of the environmental law of international armed conflict, Michael N. Schmitt. Part IV Tactics: Ruses of war and prohibition of perfidy, Dieter Fleck
  • Name index.

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