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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
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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: 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: 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: 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: Sigrid Redse Johansen
Publisher: Cambridge University Press
ISBN: 1108493920
Category : History
Languages : en
Pages : 451
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Book Description
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Author: Gunner Lind
Publisher: Museum Tusculanum Press
ISBN: 8763540630
Category : History
Languages : da
Pages : 255
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Book Description
Det er en udbredt antagelse, at krig skaber to slags mennesker: soldater og civile. Men har historien ikke vist os, at denne forsimplede antagelse er smertelig uklar? Civilians at War behandler en række spørgsmål, der knytter sig til de måder, hvorpå en krigs sociale grupperinger – og særligt de grupper, som fordrer aktiv deltagelse – tager sig ud i forskellige historiske og geografiske sammenhænge. Ved hjælp af casestudier fra Europa, Afrika og Sydamerika fra det 15. århundrede til nutiden belyser antologiens bidragydere den traditionelle modsætning mellem civil og soldat og tilbyder herigennem nye forståelser af den komplekse mellemposition, civile befinder sig i under krig. Gunner Lind er professor i tidlig moderne historie ved afdeling for Historie på Saxo-Instituttet, Københavns Universitet. Bidragydere: Steffen Jensen er seniorforsker ved DIGNITY – Dansk Institut Mod Tortur Lars Bo Kaspersen er professor ved Institut for Statskundskab, Københavns Universitet Gunner Lind er professor ved Saxo-Instituttet, Københavns Universitet Jeppe Büchert Netterstrøm er lektor ved Institut for Kultur og Samfund, Aarhus Universitet Palle Roslyng-Jensen er lektor ved Saxo-Instituttet, Københavns Universitet Robin May Schott er seniorforsker ved Dansk Institut for Internationale Studier Finn Stepputat er seniorforsker ved Dansk Institut for Internationale Studier We often think of war as creating two different kinds of people: soldiers and civilians. But hasn’t history taught us that this distinction is painfully nebulous? The contributors to this volume, writing from different disciplinary vantages, address a number of important issues connected to the ways in which the social distinctions and divisions surrounding war — especially those that determine participation — play out across different historical and geographical settings. Contextualizing the dichotomy of civilian and combatant against these larger complexities, this book offers a new understanding of the problematic middle ground that civilians occupy during wartime. Gunner Lind is professor of early modern history at the University of Copenhagen. He is the author of many books in Danish and a member of the Royal Danish Academy of Sciences and Letters. Contributors: Steffen Jensen is Senior Researcher at DIGNITY – Danish Institute Against Torture Lars Bo Kaspersen is Professor in the Department of Political Science at the University of Copenhagen Gunner Lind is Professor in the Department of History at the University of Copenhagen Jeppe Büchert Netterstrøm is Associate Professor at the Section of History, Aarhus University Palle Roslyng-Jensen is Associate Professor in the Department of History at the University of Copenhagen Robin May Schott is Senior Researcher at the Danish Institute for International Studies Finn Stepputat is Senior Researcher at the Danish Institute for International Studies
Author: Philipp Ambach
Publisher: BRILL
ISBN: 9004236597
Category : Law
Languages : en
Pages : 544
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Book Description
This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
Author: Elizabeth Wilmshurst
Publisher:
ISBN:
Category : History
Languages : en
Pages : 488
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Book Description
A commentary on Customary International Humanitarian Law (Cambridge, 2005).
Author: Emily Crawford
Publisher: Oxford University Press, USA
ISBN: 0199678499
Category : Law
Languages : en
Pages : 289
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Book Description
Civilians are increasingly playing crucial roles in the conduct of military operations. This book looks at different forms of civilian participation in armed conflict, examining the pressure this disruptive practice places on the traditional laws of war.
Author: Rebecca Sutton
Publisher: Oxford University Press (UK)
ISBN: 0198863810
Category : Law
Languages : en
Pages : 257
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Book Description
The aim of this series to publish original and innovative books on fundamental topical, or cutting-edge issues in international humanitarian law and international criminal justice. The primary purpose of the series is to publish books which, in addition to critically surveying existing law, also suggest new avenues for improving the law. Book jacket.
