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DOD policy requires "[m]embers of the DoD Components comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations" (Department of Defense Directive [DODD] 2311.01E). This publication addresses topics that are also addressed in the DOD Law of War Manual. In the event of a conflict or discrepancy regarding the legal standards addressed in this publication and the DOD Law of War Manual, the latter takes precedence. In many cases, any apparent conflict or discrepancy may be due to this publication's efforts to provide guidance to Commanders by describing legal concepts more generally rather than exhaustively as found the DOD Law of War Manual. In certain instances, this publication will set out a current policy or practice for Army and Marine forces rather than a legal requirement.
This publication, Field Manual FM 6-27 MCTP 11-10C The Commander's Handbook on the Law of Land Warfare August 2019, provides guidance to Soldiers and Marines on the doctrine and practice related to customary and treaty law applicable to the conduct of warfare on land and to relationships between opposing belligerents, in order to train and prepare for combat operations. Although some of the legal principles set forth herein also apply to warfare at sea and in the air, this publication otherwise concerns itself with the rules peculiar to naval and aerial warfare only to the extent that such rules have some direct bearing on the activities of Soldiers and Marines operating on land.Commanders, staffs, and subordinates must ensure that their decisions and actions comply with applicable U.S., international, and in some cases host-nation laws and regulations. Commanders at all levels will ensure that their Soldiers or Marines operate in accordance with the law of armed conflict (LOAC) and applicable rules of engagement. This is an official publication of the U.S. Army and a referenced publication for the U.S. Marine Corps. The principal audience for this publication is Army and Marine Corps commanders as well as Army and Marine Corps judge advocates. Commanders and staffs of Army and Marine Corps headquarters serving as joint task force or multinational headquarters should also refer to applicable joint or multinational doctrine. Trainers and educators throughout the Army and Marine Corps will also use this publication where appropriate. This publication often describes legal concepts in general terms for non-lawyers rather than exhaustively.
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
The Department of Defense Law of War Manual belongs on the shelf of every researcher, journalist, lawyer, historian, and individual interested in foreign affairs, international law, human rights, or national security. The Manual provides a comprehensive, authoritative interpretation of the law of war for the U.S. Department of Defense.
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues
Belligerent Reprisals examines the historical developments in the law and practice relating to recourse to belligerent reprisals, as a (primitive) means of law enforcement in the hands of a party to an armed conflict, victim of a violation of the law of war at the hands of its enemy. As a legal concept, the notion means that the victim in turn violates a rule of the same body of the law of war, with the purpose of thus inducing the enemy to terminate its unlawful conduct. However, the enemy may in its turn denounce the so-called reprisal as an unlawful act of war and retaliate against it, thus setting in motion the ill-famed spiral of negative reciprocity. While early lawmakers refrained from taking up the issue, prohibitions of reprisals could be achieved in conventions adopted in 1929 and 1949 on the protection of the power of the enemy. In contrast, reprisals (or retaliatory conduct announced under that title without meeting the requisite conditions) were common practice in the conduct of hostilities, with civilians in non-occupied territory as the main victims. With major governments disinclined to give up this tool, the ban on reprisals against civilian populations ultimately accepted in the Protocols of 1977 Additional to the Geneva Conventions of 1949 could only be hard-fought, and it remains contested to this day. First published in 1971, Belligerent Reprisals has become a classic work on this complex topic. The analysis of lawmaking and state practice it contains is as valid today as it was in the late 1970’s, and elucidates the dilemmas inherent in the notion of belligerent reprisal, as a means of law enforcement that can go terribly wrong.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1959.
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
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.