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The Nature of International Humanitarian Law
This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.
The Role of National Courts in Applying International Humanitarian Law
International humanitarian law is applied across the world in domestic courts. This book investigates how five domestic courts, the UK, US, Canada, Italy, and Israel, have done so, arguing that they show a range of different approaches, from acting as apologists for the use of force to actively promoting international humanitarian law.
Global Governance in a World of Change
Introduces the idea of modes of governance to compare the causes and consequences of changes in global institutions.
Human Shields
From Syrian civilians locked in iron cages to veterans joining peaceful indigenous water protectors at the Standing Rock Sioux Reservation, from Sri Lanka to Iraq and from Yemen to the United States, human beings have been used as shields for protection, coercion, or deterrence. Over the past decade, human shields have also appeared with increasing frequency in antinuclear struggles, civil and environmental protests, and even computer games. The phenomenon, however, is by no means a new one. Describing the use of human shields in key historical and contemporary moments across the globe, Neve Gordon and Nicola Perugini demonstrate how the increasing weaponization of human beings has made the ...
Commentary on the First Geneva Convention
The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The First Convention is a foundational text of international humanitarian law. It contains the essential rules on the protection of the wounded and sick, those assigned to their care, and the red cross and red crescent emblems. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world. It is an essential tool for anyone working or studying within this field.
The Unruly Ocean
This book introduces non-specialist readers to the history of how human societies have sought to control, use and exploit our oceans, seas and shorelines over time in different geographical and cultural contexts. The Unruly Ocean examines the development of the modern international legal regime – the law of the sea, maritime law, marine environmental and pollution law, fisheries regulation, and underwater cultural heritage law – and considers how effective these laws have been in addressing the many challenges facing marine and coastal environments ranging from piracy and war to oil spills and the extraction of marine resources. It concludes by discussing the socio-ecological crises facing the world’s oceans, seas and shorelines, and explores current ideas for reimagining a legal regime that restores the health of our oceanic realm and offers a more holistic, transboundary, rights-based approach to ocean governance. This book will be of value to law and non-law undergraduate and postgraduate students, as well as research scholars and other educated audiences interested in a legal history of the world’s oceans, seas and shorelines.
Necessity in International Law
Military necessity from Gentili and Grotius to Lieber -- The future of military necessity -- Necessity in human rights law and jus in bello -- Striking a balance between humanity and necessity -- Necessity and the principle of last resort in just war theory -- Necessity and the use of force in jus ad bellum -- Necessity and the principle of distinction in just war theory -- Necessity in international criminal law -- Combatants and civilians in asymmetric war -- Disabling vs. killing in war -- The duty to capture -- Force protection
The Practical Guide to Humanitarian Law
Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and polit...
Judges, Law and War
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
International Arms Control Law and the Prevention of Nuclear Terrorism
Making a timely contribution to the legal literature, this important book discusses an under-analysed issue of great importance to international peace and security. It provides a comprehensive overview and analysis of the prevention of nuclear terrorism specifically through an international (arms control) law lens.
