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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
A singular development of the post Cold-War era is the use of military force to protect human beings. From Rwanda to Kosovo, Sierra Leone to East Timor, soldiers have rescued civilians in some of the world’s most notorious war zones. Drawing on two decades of research, Thomas G. Weiss provides a compelling introduction to the theory and practice of humanitarian intervention in the modern world. He examines political, ethical, legal, strategic, economic, and operational dimensions and uses a wide range of cases to highlight key debates and controversies. This succinct and highly accessible survey is neither celebratory nor complacent. The author locates the normative evolution of what is increasingly known as “the responsibility to protect” in the context of the war on terror and the 2005 UN World Summit. The result is an engaging exploration of the current dilemmas and future challenges for international humanitarian action in the 21st Century.
The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere, and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Milestones, particularly those as special as the twin-birth of a new century and millenium,lendthemselvestorhapsodyandtheurgetosaysomethingpositiveand forward-looking. The Yearbook is not merely succumbing to this tendency, however, when it observes that, in some important respects, 2000 proved itself an auspiciousopening. Therewasaflurryofactivityamongstatestoimplementint- national humanitarian law (IHL), most of it a consequence of states ratifying the several humanitarian law treaties that were concluded in the late-Nineties. States are starting to indicate that they are taking humanitarian law, and parti- larlyitspenalprovisions,moreseriouslythanhitherto. Agrowingnumberofstates are amending their penal codes (or examining the need to do so) to criminalise 3 serious breaches of humanitarian law. A major incentive is the need for states wishingtoenterintotheInternationalCriminalCourt(ICC)regime,andtotakefull advantage of the principle of complementarity, to adjust their national law to the requirements of the Rome Statute. This can be a one, two or several step process, and the legal and constitutional obstacles and challenges vary widely from state to state. Particularly encouraging are early signs that some states have been prepared togobeyondthesubstantivelawaslaiddownintheStatuteto,forinstance,provide 4 broader definitions of crimes. Ratification and implementation of the ICC Statute presents a unique opportunity for states to contribute to the progressive develop- 5 mentofcustomaryinternationalcriminallaw. Giventhefactthatratificationofthe Statute has been proceeding apace, and that it is expected to come into force in 2002, much more activity in this sphere can be expected in the next few years. We may then see the emergence of layers or parallel systems of criminal enforcement of humanitarian law: by ad hoc international courts, the ICC and by states.
Milestones, particularly those as special as the twin-birth of a new century and millenium,lendthemselvestorhapsodyandtheurgetosaysomethingpositiveand forward-looking. The Yearbook is not merely succumbing to this tendency, however, when it observes that, in some important respects, 2000 proved itself an auspiciousopening. Therewasaflurryofactivityamongstatestoimplementint- national humanitarian law (IHL), most of it a consequence of states ratifying the several humanitarian law treaties that were concluded in the late-Nineties. States are starting to indicate that they are taking humanitarian law, and parti- larlyitspenalprovisions,moreseriouslythanhitherto. Agrowingnumberofstates are amending their penal codes (or examining the need to do so) to criminalise 3 serious breaches of humanitarian law. A major incentive is the need for states wishingtoenterintotheInternationalCriminalCourt(ICC)regime,andtotakefull advantage of the principle of complementarity, to adjust their national law to the requirements of the Rome Statute. This can be a one, two or several step process, and the legal and constitutional obstacles and challenges vary widely from state to state. Particularly encouraging are early signs that some states have been prepared togobeyondthesubstantivelawaslaiddownintheStatuteto,forinstance,provide 4 broader definitions of crimes. Ratification and implementation of the ICC Statute presents a unique opportunity for states to contribute to the progressive develop- 5 mentofcustomaryinternationalcriminallaw. Giventhefactthatratificationofthe Statute has been proceeding apace, and that it is expected to come into force in 2002, much more activity in this sphere can be expected in the next few years. We may then see the emergence of layers or parallel systems of criminal enforcement of humanitarian law: by ad hoc international courts, the ICC and by states.
This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.
International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.