The Scope and Applicability of International Humanitarian Law

ISBN-13: 9780754629337 / Angielski / Twarda / 2012 / 534 str.

Michael N Schmitt

Opis

The applicability of international humanitarian law requires the existence of an armed conflict that is either international or non-international in character. Accordingly, the concept of armed conflict (as well as the related notion of war) and its temporal and material limits are the focus of the reprinted essays which open this volume. Subsequent articles address highly contentious issues regarding the relationship between the jus in bello and international humanitarian law on the one hand, and the jus ad bellum and international human rights law on the other, as well as the closely related principle of the equal application of international humanitarian law. In the light of contemporary conflicts, essays consider the legal position of States that have chosen not to become a party to an ongoing international armed conflict (law of neutrality) as well as the question of whether and to what extent international humanitarian law provides rules governing counter-terrorism operations, that is, the 'global war on terror'. Taken together, these essays provide a comprehensive analytical survey of the scope and applicability of international humanitarian law.

Spis treści

Contents: Introduction, Wolff Heintschel von Heinegg; The concept of war in modern international law, Christopher Greenwood; The different types of armed conflicts according to the Geneva Conventions and Protocols, Dietrich Schindler; Humanitarian law and armed conflicts: toward the definition of 'international armed conflict', Tom Farer; Internationalized non-international armed conflicts: case studies of Afghanistan, Kampuchea, and Lebanon, Hans-Peter Gasser; The problem of the revision of the law of war, H. Lauterpacht; The nature and scope of the Armistice agreement, Howard S. Levie; Armistices and other forms of suspension of hostilities, R.R. Baxter; The limits of the operation of the law of war, H. Lauterpacht; The relationship between ius ad bellum and ius in bello, Christopher Greenwood; The equal application of the laws of war: a principle under pressure, Adam Roberts; The present status of neutrality, Quincy Wright; International law and contemporary naval operations, D.P. O'Connell; Human rights and humanitarian law, Dietrich Schindler; International humanitarian law and human rights law, Louise Doswald-Beck and Sylvain Vité; The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body, Francoise J. Hampson; Counter-terrorism, armed force and the laws of war, Adam Roberts; Use and abuse of the laws of war in the 'war on terrorism', Marco Sassòli; Name index.

O autorze

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