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outside the continent. --Book Jacket.
The exact legacies of the two Hague Peace Conferences remain unclear. On the one hand, diplomatic and military historians, who cast their gaze to 1914, traditionally dismiss the events of 1899 and 1907 as insignificant footnotes on the path to the First World War. On the other, experts in international law posit that The Hague’s foremost legacy lies in the manner in which the conferences progressed the law of war and the concept and application of international justice. This volume brings together some of the latest scholarship on the legacies of the Hague Peace Conferences in a comprehensive volume, drawing together an international team of contributors.
Beginning with the extraordinary rescript by Tsar Nicholas II in August 1898 calling the world's governments to a disarmament conference, this book charts the history of the two Hague peace conferences of 1899 and 1907 – and the third conference of 1915 that was never held – using diplomatic correspondence, newspaper reports, contemporary publications and the papers of internationalist organizations and peace activists. Focusing on the international media frenzy that developed around them, Maartje Abbenhuis provides a new angle on the conferences. Highlighting the conventions that they brought about, she demonstrates how The Hague set the tone for international politics in the years leading up to the First World War, permeating media reports and shaping the views and activities of key organizations such as the inter-parliamentary union, the international council of women and the Institut de droit international (Institute of International Law). Based on extensive archival research in the Netherlands, Great Britain, Switzerland and the United States alongside contemporary publications in a range of languages, this book considers the history of the Hague conferences in a new way, and presents a powerful case for the importance of The Hague conferences in shaping twentieth century international politics.
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL. This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict. Contents: Notes on editors; Notes on contributors; List of acronyms and abbreviations; Preface; Foreword; International Legal Protection of Persons Affected by War: Challenges and the Way Forward, Md Jahid Hossain Bhuiyan and Borhan Uddin Khan 1 The Development of the Geneva Conventions, Borhan Uddin Khan and Nazmuzzaman Bhuian 2 The Legal Status and Protection of the Rights of Prisoners of War, Md Jahid Hossain Bhuiyan 3 The Prohibition of Deportation and Forcible Transfer of Civilian Populations in the Fourth Geneva Convention and Beyond, Etienne Henry 4 Combatants Aboard Medical Aircraft Who Fall into the Hands of a Neutral Power – the Scope of Their Liability to Detention Under the 1949 Geneva Conventions and the 1977 Additional Protocol I, Yutaka Arai-Takahashi 5 Forced Transfer of Aliens during Armed Conflicts, Pablo Antonio Fernández Sánchez 6 The Geneva Conventions and Non-International Armed Conflicts, Noelle Higgins 7 Four Geneva Conventions of 1949: A Third World View, Srinivas Burra 8 Criminalising Rape and Sexual Violence in Armed Conflicts: Evolving Criminality and Culpability from the Geneva Conventions to the Bangladesh International Crimes Trial, M Rafiqul Islam 9 Principles of Distinction, Proportionality and Precautions under the Geneva Conventions: The Perspective of Islamic Law, Mohd Hisham Mohd Kamal 10 Implementation of International Humanitarian Law and the Current Challenges, Borhan Uddin Khan and Nakib Muhammad Nasrullah 11 The Geneva Conventions and Enforcement of International Humanitarian Law, Derek Jinks Index.
Gulf War, Frank Smyth