The Conduct of Hostilities in International Humanitarian Law, Volume II

ISBN-13: 9780754629368 / Angielski / Twarda / 2012 / 600 str.

Michael N Schmitt

Opis

The essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law's protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law's adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy, a violation of the law that weaker parties in asymmetrical conflicts are increasingly adopting as an operational tactic.

Spis treści

Contents: Introduction, Michael N. Schmitt; Part I Weapons: The law of weaponry at the start of the new millennium, Christopher Greenwood; Conventional weapons under legal prohibitions, R.R. Baxter; Some legal aspects of the use of nuclear weapons, Ian Brownlie. Part II Persons: So-called 'unprivileged belligerency': spies, guerrillas, and saboteurs, Richard R. Baxter; The status of combatants and the question of guerrilla warfare, G.I.A.D. Draper; Special forces' wear of non-standard uniforms, W. Hays Parks; Unlawful combatancy, Yoram Dinstein; The legal situation of 'unlawful/unprivileged combatants', Knut Dörmann; Humanitarian law and direct participation in hostilities by private contractors or civilian employees, Michael N. Schmitt; The status of mercenaries in international law, L.C. Green; The international legal protection of children in armed conflicts, Geraldine Van Bueren; Protection of women in armed conflict, Judith Gardam and Hilary Charlesworth. Part III Objects: Captured enemy property: booty of war and seized enemy property, William Gerald Downey Jr; Green war: an assessment of the environmental law of international armed conflict, Michael N. Schmitt. Part IV Tactics: Ruses of war and prohibition of perfidy, Dieter Fleck; Name index.

O autorze

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