Hague Law Interpreted: The Conduct of Hostilities under the Law of Armed Conflict

ISBN-13: 9781509943982 / Angielski / Miękka / 2021 / 400 str.

Stuart Casey-Maslen (University of Pretoria);Steven Haines (University of Greenwich)

Opis

Given the centrality of Hague Law to the lawful prosecution of warfare, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive assessment of Hague Law, it explores questions of definitions and accountability and navigates the substantive rules and their application to different types of warfare.

Spis treści

1. An Overview of the Normative Framework of Jus in Bello 2. Defining an Armed Conflict 3. Identifying Situations of Hostilities 4. Th e Rule of Distinction in Attack: Objects 5. Th e Rule of Distinction in Attack: Persons 6. Th e Rule of Proportionality in Attack 7. Th e Rule of Precautions in Attack 8. Th e Superfluous Injury Rule 9. Warfare on Land 10. Aerial Warfare 11. Naval Warfare 12. Armed Conflict in Space 13. Cyberwarfare 14. Terrorism and the Law of Armed Conflict 15. Promoting Respect for Hague Law