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The Law of Armed Conflict
The Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.
International Humanitarian Law
Provides an accessible, scholarly, and up-to-date examination of international humanitarian law.
Human Rights in the 'War on Terror'
This book reviews the war on terror since 9/11 from a human rights perspective.
International Humanitarian Law
In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.
Necessity, Proportionality and the Use of Force by States
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
The War in Afghanistan
Provides legal examination of the armed conflict in Iraq during the secondd Gulf War that began in 2003. Discusses legal issues associated with the initial decision to use armed force, the manner in which force was employed, the legal framework and evolution of military activities from invasion to occupation, detention and counterinsurgency operations, as well as policy and legal issues associated with the establishment of the rule of law and return of governance to the people of Iraq.
The Oxford Companion to International Criminal Justice
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
Do the Geneva Conventions Matter?
Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice and gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.
War Crimes and Just War
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
Guantánamo and Beyond
The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable national and international controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts as a mechanism to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities, and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.
