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What guidance can Buddhism provide to those involved in armed conflict and to belligerents who must perhaps kill or be killed or defend their families, communities or countries from attack? How, moreover, does Buddhism compare with international humanitarian law (IHL) – otherwise known as the law of armed conflict – which protects non-combatants and restricts the means and methods of warfare to limit the suffering it causes? Despite the prevalence of armed conflict in parts of the Buddhist world, few contemporary studies have addressed these questions. While there is a wealth of material on Buddhist conflict prevention and resolution, remarkably little attention has been paid to what Buddhism says about the actual conduct of war. IHL is also still relatively little known in the Buddhist world and might not therefore influence the behaviour of belligerents who self-identify as Buddhists and are perhaps more likely to be guided by Buddhist principles. This ground-breaking volume is part of an International Committee of the Red Cross project which seeks to fill this gap by exploring correspondences between Buddhist and IHL principles, and by identifying Buddhist resources to improve compliance with IHL and equivalent Buddhist or humanitarian norms. This book will be of much interest to students and researchers of International Law, Buddhism, Ethics as well as War and Conflict studies. The chapters in this book were originally published as a special issue of Contemporary Buddhism.
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
It is difficult to think of a more urgent question for Buddhism in the late twentieth century than human rights. The political, ethical and philosophical questions surrounding human rights are debated vigorously in political and intellectual circles throughout the world and now in this volume.
What guidance can Buddhism provide to those involved in armed conflict and to belligerents who must perhaps kill or be killed or defend their families, communities or countries from attack? How, moreover, does Buddhism compare with international humanitarian law (IHL) – otherwise known as the law of armed conflict – which protects non-combatants and restricts the means and methods of warfare to limit the suffering it causes? Despite the prevalence of armed conflict in parts of the Buddhist world, few contemporary studies have addressed these questions. While there is a wealth of material on Buddhist conflict prevention and resolution, remarkably little attention has been paid to what Buddhism says about the actual conduct of war. IHL is also still relatively little known in the Buddhist world and might not therefore influence the behaviour of belligerents who self-identify as Buddhists and are perhaps more likely to be guided by Buddhist principles. This ground-breaking volume is part of an International Committee of the Red Cross project which seeks to fill this gap by exploring correspondences between Buddhist and IHL principles, and by identifying Buddhist resources to improve compliance with IHL and equivalent Buddhist or humanitarian norms. This book will be of much interest to students and researchers of International Law, Buddhism, Ethics as well as War and Conflict studies. The chapters in this book were originally published as a special issue of Contemporary Buddhism.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
International Humanitarian Law is primarily concerned with the protection of the victims of violence resulting from the outbreak of hostilities, and comes into operation at the time of such outbreaks. Its normative development in the last 150 years has been very significant. This volume represents the first sustained academic attempt to study these situations the implementation of international humanitarian law in South Asia.