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Transnational Conflicts and International Law
Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operatio...
Recognition of Belligerency and the Law of Armed Conflict
Employing a legal historical approach, this book describes the thematic and schematic fundamentals of the doctrine on recognition of belligerency, and analyzes some of the more significant challenges to its application. In doing so, this book seeks to inform debate as to the doctrine's continuity and utility within the modern scheme of the Law of Armed Conflict heralded by the 1949 Geneva Conventions.
Proportionality in International Humanitarian Law
In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski offer a fresh and comprehensive look at the principle of proportionality. They discuss various areas in which there are disagreements over the way in which proportionality should be applied and offer original solutions to existing debates. Moreover, they suggest that when applying proportionality, the focus of the analysis should be on the procedures leading to the attack, and the precautions taken by the attacking force. They also discuss the course states should follow in investigating possible violations of the principle.
Domesticating International Criminal Law
This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate int...
Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation
In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.
Rebel Courts
Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-...
Armed Non-State Actors in International Humanitarian and Human Rights Law
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and co...
Complex Battlespaces
The conduct of warfare is constantly shaped by new forces that create complexities in the battlespace for military operations. This inaugural volume of the Lieber Studies Series seeks to address several issues in the confluence of law and armed conflict, featuring chapters from world class scholars, policymakers and other government officials; military and civilian legal practitioners; and other thought leaders who examine the role of the law of armed conflict in current and future armed conflicts around the world.
The Law of Armed Conflict
This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Human and Non-Human Targets in International Armed Conflicts
A comprehensive analysis of human and non-human targets in contemporary armed conflicts with references to the most recent practice.
