Detention and Occupation in International Humanitarian Law

ISBN-13: 9781138378643 / Angielski / Miękka / 2019 / 576 str.

WOLFF HEINT HEINEGG

Opis

Detention and occupation are two challenging aspects of international humanitarian law in 21st century warfare. The essays selected for this volume examine both the historical foundations of these issues and contemporary practices surrounding them. The suitability of traditional detention and occupation law in the face of today's circumstances is discussed as well as claims that aspects of humanitarian law are outmoded and must be reassessed. Also considered is the extent to which other bodies of law, especially human rights, are influencing the application of international humanitarian law.

Spis treści

Contents: Introduction, Michael N. Schmitt; Part I Detention: The declining significance of POW status, Derek Jinks; Prisoners of war and the protecting power, Howard S. Levie; International law aspects of repatriation of prisoners of war during hostilities, Richard A. Falk; Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence, Jelena Pejic; Evolving Geneva Convention paradigms in the 'war on terrorism': applying the core rules to the release of persons deemed 'unprivileged combatants', Sean D. Murphy. Part II Occupation: The origins of the concept of belligerent occupation, Eyal Benvenisti; Occupation under the laws of war: I, Elbridge Colby; Occupation under the laws of war: II, Elbridge Colby; What is a military occupation?, Adam Roberts; The legal relations between an occupying power and the inhabitants, Lassa Oppenheim; The duty of obedience to the belligerent occupant, Richard R. Baxter; Legislation and maintenance of public order and civil life by occupying powers, Marco Sassòli; Government in commission, R.Y. Jennings; Prolonged military occupation: the Israeli-occupied territories since 1967, Adam Roberts; Transformative military occupation: applying the laws of war and human rights, Adam Roberts; Name index.

O autorze

Michael N. Schmitt, Professor, United States Naval War College and Wolff Heintschel von Heinegg, Professor, European University Viadrina Frankfurt, Germany.