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The concept that certain objects and persons may be legitimately attacked during armed conflicts has been well recognised and developed through the history of warfare. This book explores the relationship between international law and targeting practice in determining whether an object is a lawful military target. By examining both the interpretation and its post-ratification application this book provides a comprehensive analysis of the definition of military objective adopted in 1977 Additional Protocol I to the four 1949 Geneva Conventions and its use in practice. Tackling topical issues such as the targeting of TV and radio stations or cyber targets, Agnieszka Jachec-Neale analyses the concept of military objective within the context of both modern military doctrine and the major coalition operations which have been undertaken since it was formally defined. This monograph will be of great interest to students and scholars of international law and the law of armed conflict, as well as security studies and international relations.
This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.
1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.
This engrossing documentary gives us an in-depth look at the culture and values of America in the years immediately preceding our entry into World War II.
From 2005 to 2008, the British Institute of International and Comparative Law has been conducting a comprehensive project on human rights in the Islamic Republic of Iran. The project's focus is to promote human rights as a central part of the dialogue in which the European Union and Iran have been engaged since 2002. This publication is one of the outputs of that project, designed as a practical guide and reference book for foreign jurists and human rights defenders. It deals with Iran's legal system and its internal safeguards for human rights. This book covers the political structure of Iran, the history of the judiciary in Iran, the sources and nature of Iranian law, and the internal safeguards for fundamental freedoms and rights.
Animals are the unknown victims of armed conflicts. Wildlife populations usually decline during warfare, with disastrous repercussions on the food chain, on fragile ecosystems and precarious habitats. Belligerents take advantage of the chaos of war for poaching and trafficking of animal products. Livestock, companion, and zoo animals, highly dependent on human care, are direct victims of hostilities. The book is the first legal analysis of these issues. It maps the framework of international humanitarian law, examining which and how the concepts, principles, and rationales can be applied and adapted for a better protection of animals. The contributions inter alia discuss precautions for animal civilians, problems of animal combatants and prisoners, a specific status for veterinarian personnel, the recognition of biodiversity hotspots as specially protected zones, and the potential of enforcement mechanisms. The concluding chapter draws together novel interpretations and reform proposals.
Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.
The Law in War offers an insightful roadmap to understanding a broad range of operational, humanitarian, and accountability issues that arise during armed conflict. Each chapter provides a clear and comprehensive explanation of the impact that international law has on military operations. The second edition has been fully revised to reflect recent advances in international humanitarian law and expands the analysis to include as a brand-new chapter on international human rights law, which addresses issues such as the conduct of law enforcement during hostilities. With a particular focus on updates concerning the status of combatants and unprivileged belligerents, the protection of civilians, ...
The International Committee of the Red Cross's study of Customary International Humanitarian Law by Jean-Marie Henckaerts and Louise Doswald-Beck (Cambridge, 2005) contains a unique collection of evidence of the practice of States and non-State actors in the field of international humanitarian law, together with the authors' assessment of that practice and their compilation of rules of customary law based on that assessment. The study invites comment on its compilation of rules. Perspectives on the ICRC Study on Customary International Humanitarian Law results from a year-long examination of the study by a group of military lawyers, academics and practitioners, all with experience in international humanitarian law. The book discusses the study, its methodology and its rules and provides a critical analysis of them. It adds its own contribution to scholarship on the interpretation and application of international humanitarian law.
This market-leading textbook gives an authoritative account of international criminal law, and focuses on what the student needs to know - the crimes that are dealt with by international courts and tribunals as well as the procedures that police the investigation and prosecution of those crimes. The reader is guided through controversies with an accessible, yet sophisticated approach by the author team of four international lawyers, with experience both of teaching the subject, and as negotiators at the foundation of the International Criminal Court and the Rome conference. It is an invaluable introduction for all students of international criminal law and international relations, and now covers developments in the ICC, victims' rights, and alternatives to international criminal justice, as well as including extended coverage of terrorism. Short, well chosen excerpts allow students to familiarise themselves with primary material from a wide range of sources. An extensive package of online resources is also available.