Making and Shaping the Law of Armed Conflict

Making and Shaping the Law of Armed Conflict
Author: Sandesh Sivakumaran
Publisher: Oxford University Press
Total Pages: 393
Release: 2024
Genre: Law
ISBN: 0197775136

This volume in the Lieber Studies series explores how the law of armed conflict is made and shaped. It examines the fundamental materials of the law of armed conflict, key actors and influences, the spaces where the law is made, as well as questions of unmaking.

An Introduction to the International Law of Armed Conflicts

An Introduction to the International Law of Armed Conflicts
Author: Robert Kolb
Publisher: Bloomsbury Publishing
Total Pages: 372
Release: 2008-09-17
Genre: Law
ISBN: 1847314600

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Of War and Law

Of War and Law
Author: David Kennedy
Publisher: Princeton University Press
Total Pages: 207
Release: 2009-01-10
Genre: Law
ISBN: 1400827361

Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.

Human Rights in Armed Conflict

Human Rights in Armed Conflict
Author: Gerd Oberleitner
Publisher: Cambridge University Press
Total Pages: 433
Release: 2015-03-05
Genre: History
ISBN: 1107087546

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

Law-Making and Legitimacy in International Humanitarian Law

Law-Making and Legitimacy in International Humanitarian Law
Author: Püschmann, Jonas
Publisher: Edward Elgar Publishing
Total Pages: 488
Release: 2021-10-19
Genre: Political Science
ISBN: 180088396X

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Women, Armed Conflict and International Law

Women, Armed Conflict and International Law
Author: Judith G. Gardam
Publisher: BRILL
Total Pages: 306
Release: 2021-08-04
Genre: Law
ISBN: 9004482008

The role that gender plays in determining the experience of those caught up in armed conflict has long been overlooked. Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention. This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.

Negotiating Civil War

Negotiating Civil War
Author: Henry Lovat
Publisher: Cambridge University Press
Total Pages: 385
Release: 2020-07-16
Genre: History
ISBN: 1108497276

A theoretically-informed, critical account of the making of the international legal rules governing civil war.

International Law

International Law
Author: Jan Klabbers
Publisher: Cambridge University Press
Total Pages: 415
Release: 2020-12-10
Genre: Law
ISBN: 1108487246

Clear and concise: a landmark publication in the teaching of international law from one of the world's leading international lawyers.