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Author: Anisseh van Engeland
Publisher: Oxford University Press, USA
ISBN: 019974324X
Category : Law
Languages : en
Pages : 194
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Book Description
This title describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. It identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The author demonstrates that this branch of international law is in constant evolution.
Author: Anisseh van Engeland
Publisher: Oxford University Press, USA
ISBN: 019974324X
Category : Law
Languages : en
Pages : 194
Get Book Here
Book Description
This title describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. It identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The author demonstrates that this branch of international law is in constant evolution.
Author: Anicee Van Engeland
Publisher: Oxford University Press
ISBN: 0199876754
Category : Law
Languages : en
Pages : 193
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Book Description
In Civilian or Combatant?: A Challenge for the 21st Century, Anicée Van Engeland describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as well as how international humanitarian has been stretched to meet these challenges.
Author: Anisseh van Engeland
Publisher:
ISBN:
Category : Combatants and noncombatants (International law)
Languages : en
Pages : 0
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Book Description
Author: International Peace Academy
Publisher: Lynne Rienner Publishers
ISBN: 9781555879655
Category : History
Languages : en
Pages : 316
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Book Description
While recognizing the changing face of war casualties (the civilian casualty rate has escalated from five percent in World War I to up to 90 percent in recent conflicts), the 1949 Geneva Convention on the Protection of Civilians has not been able to reverse that trend. In this project of the International Peace Academy, with which the editor is affiliated, a dozen essays endeavor to expand the tools available to protect civilians in times of war. They address the themes of the evolving norms of international humanitarian law, inducing compliance, enforcing compliance, and reevaluating protection by reviewing traditional assumptions and new needs to deal at the local level with unconventional belligerents like guerillas. c. Book News Inc.
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610
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Book Description
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: Helen M. Kinsella
Publisher: Cornell University Press
ISBN: 080146126X
Category : Political Science
Languages : en
Pages : 275
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Book Description
Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses—including gender, innocence, and civilization—have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.
Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0192597493
Category : Law
Languages : en
Pages : 481
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Book Description
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
Author: Daniel Rothbart
Publisher: Routledge
ISBN: 1136333398
Category : Political Science
Languages : en
Pages : 370
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Book Description
This book explores the issue of civilian devastation in modern warfare, focusing on the complex processes that effectively establish civilians’ identity in times of war. Underpinning the physicality of war’s tumult are structural forces that create landscapes of civilian vulnerability. Such forces operate in four sectors of modern warfare: nationalistic ideology, state-sponsored militaries, global media, and international institutions. Each sector promotes its own constructions of civilian identity in relation to militant combatants: constructions that prove lethal to the civilian noncombatant who lacks political power and decision-making capacity with regards to their own survival. Civilians and Modern War provides a critical overview of the plight of civilians in war, examining the political and normative underpinnings of the decisions, actions, policies, and practices of major sectors of war. The contributors seek to undermine the ‘tunnelling effect’ of the militaristic framework regarding the experiences of noncombatants. This book will be of much interest to students of war and conflict studies, ethics, conflict resolution, and IR/Security Studies.
Author: Michael Bothe
Publisher: Martinus Nijhoff Publishers
ISBN: 9024725372
Category : Law
Languages : en
Pages : 770
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Book Description
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Author: Michael Bothe
Publisher: Oxford University Press, USA
ISBN: 0199658803
Category : History
Languages : en
Pages : 767
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Book Description
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.
