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Author : Matt Killingsworth
Publisher : Cambridge University Press
Page : 263 pages
File Size : 21,20 MB
Release : 2023-12-31
Category : Law
ISBN : 1108488498
An interdisciplinary study of how notions of civility and barbarism continue to undermine the universalist underpinnings of the laws of war.
Author : Mats Deland
Publisher : Routledge
Page : 396 pages
File Size : 42,40 MB
Release : 2018-09-18
Category : History
ISBN : 135110442X
In the last decade, there has been a turn to history in international humanitarian law and its accompanying fields. To examine this historization and to expand the current scope of scholarship, this book brings together scholars from various fields, including law, history, sociology, and international relations. Human rights law, international criminal law, and the law on the use of force are all explored across the text’s four main themes: historiographies of selected fields of international law; evolution of specific international humanitarian law rules in the context of legal gaps and fault lines; emotions as a factor in international law; and how actors can influence history. This work will enhance and broaden readers’ knowledge of the field and serve as an excellent starting point for further research.
Author : Géza Herczegh
Publisher :
Page : 254 pages
File Size : 30,68 MB
Release : 1984
Category : Law
ISBN :
Author : MichaelN. Schmitt
Publisher : Routledge
Page : 601 pages
File Size : 23,42 MB
Release : 2017-07-05
Category : Political Science
ISBN : 1351545078
The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.
Author : Jean Simon Pictet
Publisher : Martinus Nijhoff Publishers
Page : 110 pages
File Size : 18,85 MB
Release : 1985-09-30
Category : Law
ISBN : 9024731992
The main aim of this book is to inquire into the system of norms regulating the 'internationalization' of internal conflicts. The traditional distinction between international & internal conflict, which entails different legal consequences, is in practice very difficult to detect due to the presence, in many instances, of elements typical of both situations. Through a careful & extraordinarily useful examination of all relevant cases of 'internationalized' internal conflict since 1956, the validity of the traditional framework of rules concerning foreign intervention in internal conflict is reassessed. At the same time, the applicability to these situations of the rules typical of international conflicts are analyzed with a view to providing the existence of a continuum between the two situations, not only as a matter of fact but also with respect to their legal regulation.
Author : UNESCO
Publisher : Martinus Nijhoff Publishers
Page : 350 pages
File Size : 41,48 MB
Release : 2024-01-09
Category : Law
ISBN : 9004642633
Commissioned by UNESCO from the Henry Dunant Institute, this volume of essays lays the foundation for an international programme for the teaching of international humanitarian law within the framework of UNESCO's plan for the development of the teaching of human rights. Parts I and II deal with the development of humanitarian ideas and law within different schools of thought and cultural traditions; Part III with the law of armed conflict and Part IV with the application of international humanitarian law. It is hoped that the publication of this volume, which, in its original French edition, coincided with the 40th Anniversary of UNESCO and the International Year of Peace proclaimed in 1986 by the UN General Assembly, will reinforce the determination of the international community to achieve the aim of the founders of UNESCO, namely to construct the defences of peace in the minds of men.
Author : Dieter Fleck
Publisher : OUP Oxford
Page : 767 pages
File Size : 18,90 MB
Release : 2013-08-29
Category : Law
ISBN : 0191641480
This fully updated third edition of The Handbook of International Humanitarian Law sets out an international manual of humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. The new edition takes account of recent developments in the law, including the 2010 amendments to the ICC Statute, the progressive evolution of customary law, and new jurisprudence from national and international courts and tribunals. It sheds light on controversial topics like direct participation in hostilities; air and missile warfare; belligerent occupation; operational detention; and the protection of the environment in armed conflict. The book also addresses the growing need to consider the interface between international humanitarian law and human rights, as well as other branches of international law, both during armed conflicts and in post-conflict situations. The commentary both deepens reflection on such innovations, and critically reconsiders views expressed in earlier editions to provide a contemporary analysis of this changing field. Renowned international lawyers offer a broad spectrum of legal opinions, restating the law in this area, which is applicable worldwide. Particular attention is paid to problems of application of the law in recent military campaigns, which are assessed and interpreted in a practice-oriented manner. Based on best-practice rules of global importance, this book gives invaluable guidance to practitioners and scholars of this important body of law.
Author : Giovanni Mantilla
Publisher : Cornell University Press
Page : 260 pages
File Size : 26,44 MB
Release : 2020-12-15
Category : Law
ISBN : 150175260X
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Author : John Carey
Publisher : BRILL
Page : 385 pages
File Size : 30,41 MB
Release : 2004-01-06
Category : Law
ISBN : 9004296743
International humanitarian law is seminal to the functioning of attempts to establish a just world order. This title is part of a three volume set which charts the history, practice and future of international humanitarian law.
Author : Henrietta Newton Martin
Publisher : BookRix
Page : 21 pages
File Size : 28,12 MB
Release : 2014-06-26
Category : Law
ISBN : 3736821921
The book 'Rudiments of Humanitarian Law', is an easy to read edition. The basics enumerated in the book can be easily assimilated and digested by students of International Humanitarian Law or even general readers of the theme providing them a common insight on the subject. Battles and Wars,are characterized by brutal and arbitrary violence. International Humanitarian Law plays an important role in harnessing civilized deliberations at the time of war and compels the conflicting states/nations, to follow a particular code of war upholding the rights of the disputing nations, the civilians, the soldiers, the prisoners of war, etc; thereby it controls the reigns of warring factions. The world has been a witness to number of wars and battles, confrontations and conflicts. Such power struggles lead to innumerable problems such as legal, political, socio-economic and humanitarian. Hence a need was felt that governments, organizations and individuals in the field, intervene to strategize a path for comity of nations. Individual initiatives of philanthropists like Henry Dunant who witnessed the pain and agony of 40,000 (forty thousand) soldiers after the battle of Solferino (1859) led to a normative frame work as well as an institutional response culminating in the establishment of the International Committee of Red Cross in 1863 and the adoption of Geneva Conventions in 1940 and additional protocols of 1977. International Humanitarian Law is burgeoning as an important system of justice and has gained momentum in the recent past with its activists across the globe.