Making And Shaping The Law Of Armed Conflict

This volume in the Lieber Studies series explores how the law of armed conflict is made and shaped. It examines the fundamental materials of the law of armed conflict, key actors and influences, the spaces where the law is made, as well as questions of unmaking.

"This Volume explores the making and shaping of the law of armed conflict. A variety of aspects of law-making and shaping are analysed, from identification of a rule of customary international humanitarian law to questions of treaty interpretation and from whether and how to regulate a 'new' situation to whether a treaty rule continues to bind the parties. Issues of making and shaping the law underlie almost every contentious legal issue, from whether an intended practice is covered by an existing rule of conventional or customary international humanitarian law to the weight to be given to interpretations of particular actors. Despite the importance of questions of making and shaping the law, there are relatively few in depth treatments of the subject. The Volume explores the fundamental materials of the law of armed conflict, actors and influences, spaces and questions of unmaking"--

International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

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.

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.

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.

Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.