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Contents
- Preliminary Material
- Dedication
- Preface
- Contents
- Table of Cases
- International Case Law
- Eritrea Ethiopia Claims Commission
- European Court of Human Rights
- European Court of Justice
- Inter-American Commission on Human Rights
- Inter-American Court of Human Rights
- International Court of Justice
- International Criminal Court
- International Criminal Tribunal for Rwanda
- International Criminal Tribunal for the former Yugoslavia
- International Military Tribunal at Nuremberg
- Permanent Court of Arbitration
- Permanent Court of International Justice
- Special Court for Sierra Leone
- Special Tribunal for Lebanon
- UN Committee Against Torture
- UN Human Rights Committee
- National Courts
- International Case Law
- Table of Agreements Conventions Instruments, Treaties and National Legislation
- List of Abbreviations
- Notes on the Contributors
- Main Text
- Part I Introduction
- Ch.1 Current Challenges to International Humanitarian Law
- Ch.2 The Role of the International Committee of the Red Cross
- Part II Sources
- Ch.3 Customary Humanitarian Law Today
- Ch.4 Treaties for Armed Conflict
- 1 Importance of Treaties in the Law of Armed Conflict
- 2 Treaties and Customary International Law
- 3 Main Treaties
- 4 Problems of Ratification of IHL Treaties
- 5 Reservations to IHL Treaties
- 6 Legal Relationships between IHL Treaties
- 7 Interpretation of IHL Treaties
- 8 Special Agreements
- 9 Denunciation of IHL Treaties
- 10 Legal Effects of a Breach of an IHL Treaty
- Part III Legal Regimes
- Ch.5 Land Warfare
- 1 Introduction
- 2 Principles and Rules of IHL to be Observed by Foot Soldiers
- A General observations
- B Respect for and protection of civilians and civilian property
- (i) The humanitarian face of the principle of military necessity
- (ii) The principle of humanity and the obligation to ‘protect’ civilians
- (iii) The principle of distinction
- (iv) Prohibition of denial of quarter or threats to deny quarter
- (v) Evacuation of besieged areas
- (vi) Prohibition on using human shields
- (vii) Prohibition of perfidy
- (viii) The principles of precaution and proportionality
- (ix) Searching for guerrilla fighters and civilians who have taken part in the hostilities
- (x) Response to the use of human shields
- C Respect for and protection of other non-combatants
- (i) Respect for and protection of the wounded and sick
- (ii) Respect for and protection of medical personnel, vehicles, and units
- (iii) The choice and meaning of the distinctive emblem
- (iv) Identifying, reacting to, and combating abuses of the distinctive emblem
- (v) Respect for persons and property protected by other emblems
- D The attitude of combatants towards enemy combatants
- 3 Principles and Rules of IHL that Apply to Commanders
- A Responsibility of the commander for violations committed by subordinates
- B Responsibility for planning and carrying out an attack
- C Responsibility for the methods of warfare and choice of weapons
- D Prohibition of reprisals
- E Prohibition of taking hostages and of collective punishments
- F Responsibilities for acts committed against subordinates and other persons under the commander’s responsibility
- 4 Responsibility of the High Command
- 5 The Problem of Non-international Armed Conflicts
- 6 Concluding Remarks
- Ch.6 Air Warfare
- Ch.7 Maritime Warfare
- 1 Introduction
- 2 Entitlement to Exercise Belligerent Rights at Sea
- 3 The Legal Framework Applicable to the Conduct of Hostilities at Sea
- 4 Capture and Destruction of Enemy Merchant Vessels and Civil Aircraft under Prize Law
- 5 Maritime Neutrality
- 6 Concluding remarks
- Ch.8 The Law of Occupation
- 1 Introduction
- 2 The General Legal Framework Governing Occupation
- 3 The Beginning and End of Occupation
- 4 Delimiting the Rights and Duties of the Occupying Power: The Question of ‘Transformative Occupation’
- 5 The Relationship Between the Law of Occupation and Human Rights Law in Light of the Issue of the Use of Force in Occupied Territory
- Ch.9 The Law Applicable to Peace Operations
- Ch.10 The Law of Neutrality
- 1 Introduction
- 2 Definition and Content
- 3 Origins and History of the Law of Neutrality
- 4 Sources of Law
- 5 The Rights and Obligations of Neutrals and Belligerents
- 6 Temporary and Permanent Neutrality
- 7 Neutrality, Collective Security, Collective Defence
- 8 Neutrals as Opposed to Non-Belligerent, Non-Aligned or ‘Bloc Free’ States
- 9 Conclusion
- Ch.5 Land Warfare
- Part IV Key Concepts for Humanitarian Law
- Ch.11 The Developing Law of Weapons
- Ch.12 The Principle of Distinction Between Civilians and Combatants
- 1 Basic Outline and Contemporary Challenges
- 2 International Armed Conflict
- 3 Non-International Armed Conflict
- 4 Direct Participation in Hostilities
- 5 Use of Force in Attack Against Legitimate Targets
- 6 Concluding Observations
- Ch.13 Proportionality in the Law of Armed Conflict
- 1 Introduction
- 2 Proportionality as a Form of Legal Control of Armed Conflicts
- 3 Proportionality in Ius in Bello
- 4 Proportionality in Ius ad Bellum
- 5 The Relationship between Proportionality in Ius in Bello and Proportionality in Ius ad Bellum
- 6 Conclusions: Towards a Common Standard of Proportionality in the Law of Armed Conflict?
- Ch.14 Internal (Non-International) Armed Conflict
- Part V Key Rights in Times of Armed Conflict
- Ch.15 The Right to Life
- Ch.16 Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- Ch.17 International Fair Trial Guarantees
- 1 Introduction
- 2 Fair Trial Guarantees under International Law: A Brief Overview
- 3 What is a Regularly Constituted Court?
- 4 Fair Trial Guarantees: The Substantive Content
- 5 Military Commissions The United States Post-9/11
- Conclusion
- Ch.18 Economic, Social, and Cultural Rights in Armed Conflict
- 1 Introduction
- 2 Equal Treatment of Economic, Social, and Cultural Rights and of Civil and Political Rights
- 3 The relevance of ESC-Rights to Peace and Armed Conflict
- 4 ESC-Rights in Armed Conflict Before the ESCR Committee
- 5 The Sliding Scale of Conflict Situations
- 6 IHL and ESC-Rights
- 7 Implementation and Enforcement
- 8 Conclusion
- Ch.19 Protection of the Natural Environment
- 1 Introduction
- 2 General Rules of International Humanitarian Law Applicable to the Natural Environment
- 3 Specific Protection Provided by International Humanitarian Law for the Natural Environment
- 4 Strengthening the Legal Protection Provided by International Humanitarian Law for the Environment
- 5 Conclusion
- Ch.20 Protection of Cultural Property
- Ch.21 Members of the Armed Forces and Human Rights Law
- Part VI Key Issues in Times of Armed Conflict
- Ch.22 Use of Force
- Ch.23 Terrorism
- Ch.24 Unlawful Combatants
- Ch.25 Private Military and Security Companies
- 1 Introduction: The Challenge of Regulating Commercial Actors on the Battlefield
- 2 Presence, Protections, and Privileges
- 3 Are States the Answer?
- 4 Attributing PMSC Conduct to States
- 5 States’ Positive Obligations to Regulate and Remedy PMSC Conduct
- 6 Are States the Problem?
- 7 The Application of International Law to and by PMSCs and Their Personnel
- 8 Conclusion: Unanswered Questions
- Ch.26 International Human Rights Law in Time of Armed Conflict
- Ch.27 Gender and Armed Conflict
- Ch.28 Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law
- Part VII Accountability/Liability for Violations of the Law in Armed Conflict
- Ch.29 War Crimes and Other International ‘Core’ Crimes
- Ch.30 Focusing on Armed Non-State Actors
- 1 Introduction
- 2 International Humanitarian Law
- 3 Human Rights Law
- 4 Non-Governmental Approaches and the Example of Geneva Call
- 5 International Criminal Law
- 6 The Alien Tort Statute
- 7 Options for Prevention, Prosecution, and Punishment
- Ch.31 State Responsibility and the Individual Right to Compensation Before National Courts
- Ch.32 Transitional Justice
- Part I Introduction
- Further Material
