Beyond The Grave Breaches Regime
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| Author | : Amichai Cohen |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
The purpose of the present article is to critically evaluate the contemporary international law obligation to investigate military conduct in times of conflict and to identify relevant normative trends. In a nutshell, we argue that the traditional focus on the Geneva grave breaches regime in the context of military investigations is misplaced. The duty to investigate is far broader - encompassing the alleged violation of many other norms of IHL and IHRL.
| Author | : T. M. C. Asser Institute Staff |
| Publisher | : Cambridge University Press |
| Total Pages | : 676 |
| Release | : 2000-05-25 |
| Genre | : History |
| ISBN | : 9789067041195 |
The year in review, Avril McDonald
| Author | : Jean-Marie Henckaerts |
| Publisher | : Cambridge University Press |
| Total Pages | : 610 |
| Release | : 2005-03-03 |
| Genre | : Law |
| ISBN | : 0521808995 |
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
| Author | : Alon Margalit |
| Publisher | : BRILL |
| Total Pages | : 304 |
| Release | : 2018-07-10 |
| Genre | : Law |
| ISBN | : 9004368213 |
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.
| Author | : Jadranka Petrovic |
| Publisher | : Routledge |
| Total Pages | : 396 |
| Release | : 2015-06-26 |
| Genre | : Law |
| ISBN | : 1317669789 |
International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.
| Author | : Andrew Clapham |
| Publisher | : Oxford University Press |
| Total Pages | : 1400 |
| Release | : 2015-10-15 |
| Genre | : Law |
| ISBN | : 0191003530 |
The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.
| Author | : Dražan Djukić |
| Publisher | : BRILL |
| Total Pages | : 759 |
| Release | : 2018-09-24 |
| Genre | : Law |
| ISBN | : 900434201X |
This important and unique volume begins with seven essays that discuss the contemporary challenges to implementing international humanitarian law. Its second and largest section comprises 263 entries covering the vast majority of IHL concepts. Written by a wide range of experts, each entry explains the essential legal parameters of a particular element of IHL, while offering practical examples and, where relevant, historical considerations, and supplying a short bibliography for further research. The starting point for the selection were notions arising from the Geneva Conventions, the Additional Protocols, and other IHL treaties. However, the reader will also encounter entries going beyond the typical scope of IHL, such as those related to the protection of the natural environment and animals, and entries that, in addition to an IHL perspective, discuss relevant issues through the lens of human rights law, refugee law, international criminal law, the law on State responsibility, national law, and so on. The editors have also attempted to take into account certain concepts that have no direct foundation in IHL, but that are commonly used in mass media and politics, or generate wide interest in contemporary society, such as drones, economic warfare, cyber warfare, sniping, targeted killings, transitional justice, terrorism, and many other topics. The Companion to International Humanitarian Law offers a much-needed tool for both scholars and practitioners, supplying information accessible enough to enable a variety of users to quickly familiarise themselves with it and sufficiently comprehensive to be a source for reflection and further research for more demanding users. Its aim is to facilitate the practical application of IHL, and be of use to a wide audience interested in or confronted with IHL, ranging from professionals in humanitarian assistance and protection in the field, legal officers and advisers at the national and international level, trainers, academics, scholars, and students.
| Author | : Michael Bothe |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 767 |
| Release | : 2013-08-29 |
| Genre | : History |
| ISBN | : 0199658803 |
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
| Author | : Michael N. Schmitt |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 510 |
| Release | : 2012-07-26 |
| Genre | : Law |
| ISBN | : 9067048550 |
The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
| Author | : Kriangsak Kittichaisaree |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2018-03-02 |
| Genre | : Law |
| ISBN | : 0192556266 |
Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014. Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.
