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Contents
- Preliminary Material
- Preface
- Acknowledgements
- Contents
- Table of Cases
- International
- Eritrea–Ethiopia Claims Commission (EECC)
- European Court of Human Rights (ECtHR)
- International Court of Justice (ICJ)
- International Criminal Court (ICC)
- International Criminal Tribunal for Rwanda (ICTR)
- International Criminal Tribunal for the former Yugoslavia (ICTY)
- International Military Tribunal for the Far East
- International Military Tribunal Nuremberg
- Permanent Court of International Justice (PCIJ)
- United Nations Committee against Torture
- National
- International
- Table of International Instruments and National Legislation
- Note to the Reader
- Main Text
- 1 The Multiple Meanings of War
- 2 Declarations of War and Neutrality
- 2.1 Declarations of War
- 2.2 The End of War: Peace Treaties, Armistices, Cease-Fires, Truces and Agreements with Non-State Actors
- 2.3 War and Neutrality
- 2.3.1 The Obligations and Rights of Neutral and Belligerent States
- 2.3.2 The Rights and Duties of All Third States to Have their Territory Protected from the International Armed Conflict
- 2.3.3 The Humanitarian Protection Provisions for the Protection of Victims of War in Neutral States
- 2.3.4 Rules Related to Neutral Status in a Strict Sense: Abstention, Prevention and Impartiality
- 2.3.5 The Question of the Rights of a Belligerent State over Ships and Aircraft from Neutral States
- 3 Outlawing War
- 3.1 Hague Convention (II) Respecting the Limitation of the Employment of Force for the Recovery of Contract Debts (1907)
- 3.2 Hague Conventions (I) on the Pacific Settlement of Disputes (1899, 1907) and other Treaties Prohibiting Resort to War
- 3.3 The Covenant of the League of Nations and the Prohibition of Resorting to War
- 3.4 The Kellogg-Briand Pact 1928
- 3.5 The League Determines Whether Italy has Resorted to War
- 3.6 Non-Recognition of Territory Taken or Ceded as the Result of Force
- 4 The Use of Force after the UN Charter
- 4.1 The UN Charter 1945 and the Prohibition on the Threat or Use of Force
- 4.2 Authorizations and Demands from the Security Council
- 4.3 Intervention by Invitation and the Rule of Non-Intervention in Internal Affairs
- 4.4 The Individual Crime of Aggression
- 4.5 Humanitarian Intervention and Responsibility to Protect
- 5 War Powers in National Law
- 5.1 National Authorization of Deployment of Force Abroad
- 5.1.1 The US Congress’s Constitutional Role in Declaring War and the President’s Power to Make War
- 5.1.2 The US War Powers Resolution 1973
- 5.1.3 Other Examples of Political War Powers in National Legislation
- 5.1.4 The War Prerogative in the United Kingdom and the Emergence of the Parliamentary Convention
- 5.2 Legal Effects in National Law of Declared War
- 5.2.1 Enemy Aliens and the Procedural Incapacity to Sue in the UK Courts
- 5.2.2 Trading with the Enemy and the UK Law
- 5.2.3 The Enemy Alien Disability Rule and the Alien Enemy Act in the United States
- 5.2.4 Trading with the Enemy Act (US)
- 5.2.5 The UK Foreign Enlistment Act 1870 and Similar Legislation in Other Jurisdictions
- 5.3 Internment of Enemy Aliens under the Royal Prerogative in the United Kingdom
- 5.4 Detention by the United States in the War on Terror
- 5.5 The Political Question and Enemy Property Doctrines
- 5.6 Treason
- 5.7 A Word of Warning about Inherent War Powers
- 5.1 National Authorization of Deployment of Force Abroad
- 6 Triggering the International Law of Armed Conflict
- 7 Warfare – the Conduct of Hostilities
- 8 Belligerent Rights and the Future of Naval Economic Warfare
- 8.1 Introduction to Naval Warfare and the Capture of Property at Sea
- 8.2 Angary
- 8.3 Booty
- 8.4 Bounty
- 8.5 Prize
- 8.6 Blockade
- 8.6.1 Is Blockade Limited to a State of War (in the Legal Sense)?
- 8.6.2 Do the Belligerent Rights in Blockade Apply Beyond Inter-State Armed Conflicts?
- 8.6.3 The Impact of Blockade
- 8.6.4 The Israeli Prize Court Adjudication over the Protest Ships attempting to Reach Gaza
- 8.6.5 Final Thoughts on Blockade
- 8.7 Some Suggestions for Reform
- 9 Victims of War
- 9.1 Protected Persons and Property in International Armed Conflict
- 9.1.1 Medical Personnel and Equipment, the Wounded, Sick and Shipwrecked (International Armed Conflict)
- 9.1.2 Prisoners of War (International Armed Conflict)
- 9.1.3 Civilians in the Hands of the Enemy (International Armed Conflict)
- 9.1.4 Civilians in Unoccupied Territory Undergoing Hostilities (International Armed Conflict)
- 9.2 Protection in a Non-International Armed Conflict
- 9.3 The Role of the International Committee of the Red Cross
- 9.4 The Use and Misuse of Emblems
- 9.1 Protected Persons and Property in International Armed Conflict
- 10 Accountability for Violations of the Laws of War
- 10.1 The First World War
- 10.2 The Second World War
- 10.3 Claiming Reparations in the Contemporary World before National Courts
- 10.4 The UN Compensation Commission
- 10.5 Eritrea–Ethiopia Claims Commission
- 10.6 International Criminal Law
- 10.7 War Crimes
- 10.8 Crimes Against Humanity
- 10.9 Genocide
- 10.10 Beyond Prosecution for International Crimes
- 10.11 Belligerent Reprisals
- 10.12 War in the Mind of a War Criminal
- Conclusion
- Further Material
