Yearbook Of International Humanitarian Law 2002

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.

3 On 22 February 2002, Jonas Malheiro Savimbi, who led the UNITA rebel move- 4 ment during the bloody armed conflict in Angola and who had battled to take power by force since Angola’s independence from Portugal in 1975, was killed in 5 a gun battle with the Angolan Army. During the Cold War, Savimbi was a proxy for the United States against the then-Marxist government of Angola. But after the end of the Cold War, he lost international support for rejecting peace efforts. He was accused of perpetuating a bloody internal conflict to advance his own interests 6 and was exposed to international sanctions. Meanwhile, the government of Presi- 7 dent José Eduardo dos Santos moved closer to the United States. The 27-year-long armed conflict is believed to have killed approximately one million people and driven four million others from their homes, creating a humani- 8 tarian crisis. In addition, the conflict destroyed almost all of the country’s inf- structure, and effectively disrupted every effort by the government to start the long desired national reconstruction after independence, and the building of prosperity for the nation’s children. Savimbi was viewed as the primary obstacle to peace, personifying the ‘corrupt- 9 ing influence of ambition, mineral wealth, and the grinding brutality of war’. His 3. ‘UNITA’ is the Portuguese acronym for ‘National Union for the Total Independence of Angola’ (União Nacional para a Independência Total de Angola). It was founded in 1966 by the late Mr Jonas Savimbi.

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./div

The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by 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.

The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL). It iselaborated upon in several chapters that examine the role of non-state armed groupsin the development and interpretation of IHL, the impact of international criminal lawon the development of IHL, the notion of external non-international armed conflicts,and the regulation of prolonged occupation under international law. The second theme of this volume is dedicated to targeting in armed conflicts. Specifictopics include precautions in attack in urban and siege warfare, the targeting of theIslamic State’s religious personnel in Iraq and Syria, and the targeting of illicit cropsthrough aerial spraying in Colombia. Besides the chapters that address both themes,this volume also contains a Year in Review describing the most important events andlegal developments that took place in 2017. The Yearbook of International Humanitarian Law is the world’s only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.

The Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed articles, commentaries on current developments, reports on state practice and documentation that have international humanitarian law as their focal point. The cosmopolitan character of the Yearbook is ensured by its international board of editors, drawn from outstanding experts in the field, as well as by its global network of correspondents, reporting on state practice. All aspects of international law applicable during international and internal armed conflicts are covered, in addition to interesting and significant developments in related fields, such as international criminal law, human rights law, disarmament law and refugee law. 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.