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The Contemporary Law Of Armed Conflict - 2nd Edition

The Contemporary Law Of Armed Conflict - 2nd Edition

Leslie Green

Price: $90.00 400 pages. Hardcover. Published January 2002.

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The Contemporary Law Of Armed Conflict -2nd Edition
$90.00 

Book Overview

Series editor's preface
Abbreviations

1 The legality of war and the law of armed conflict

  • War defined
  • Criminalising war: Napoleon
  • Criminalising war: the Treaty of Versailles
  • Criminalising war: the League of Nations
  • The Pact of Paris
  • The United Nations Charter
  • The London/Nuremberg Charter
  • The Nuremberg Judgment
  • The United Nations and the concept of aggression
  • The law of war
  • The law in nascendi
  • Humanitarian law

2 The history and sources of the law of armed conflict

  • The position in antiquity
  • The Middle Ages and chivalry
  • Precursors of Geneva
  • War: a public activity
  • The first modem codes
  • Inter-state concern begins
  • Precursors of Hague Law
  • The Hague Law
  • The Declaration of London
  • War in the air
  • Gas as a weapon
  • World War II
  • The Nuremberg Judgment and Principles
  • The Genocide Convention
  • The Geneva Conventions, 1949
  • Common Article 3
  • Grave breaches and war crimes
  • Humanitarian law and civilian protection
  • Geneva updated
  • Generality of the law

3 International and non-international armed conflict

  • Classic position
  • The impact of Protocol I, 1977
  • The significance of customary law
  • Non-international conflicts
  • Protocol II, 1977
  • Aggression
  • Self-determination and national liberation
  • Defining a non-international conflict
  • Intervention and non-international conflicts
  • Educating the fighter in the field

4 Hostilities: their commencement, effects and termination

  • The problem of the status mixtus
  • Are declarations of war necessary?
  • The effect of the United Nations Charter
  • Effects of the outbreak of hostilities
  • Nationals in enemy territory
  • The position of merchant vessels and aircraft
  • Operation of the laws of armed conflict
  • Termination of the conflict
  • Significance of an armistice

5 Inter-belligerent relations

  • Enemies and adverse parties
  • Belligerents and enemy nationals
  • Relations between belligerent forces
  • Parlementaires
  • Capitulation and surrender
  • Passports and safe-conducts
  • Safeguards
  • Cartels
  • Safety zones
  • Demilitarised zones Undefended places

6 Lawful combatants

  • Historical background
  • The law today
  • The impact of Protocol I
  • Mercenaries
  • Irregular forces
  • Children
  • Deserters and spies
  • Attached non-combatants

7 Conduct of hostilities: land

  • Basic rules
  • Illegal weaponry
  • Nuclear weapons
  • Weapons in desuetude
  • Treaties regulating weaponry
  • Gas, chemical and bacteriological weapons
  • Environmental protection
  • Mines, booby-traps and incendiaries
  • Poison and starvation
  • Forbidden practices
  • Stratagems and ruses
  • Denial of quarter
  • Compulsory enlistment
  • Permitted practices
  • The problem of aircrews
  • The treatment of enemy property
  • Precautions in attack
  • Dangerous installations
  • Protection of civilians

8 Conduct of hostilities: maritime

  • Area of operations
  • The impact of UNCLOS
  • Prize and contraband
  • Combatant status
  • Merchant ships in enemy ports
  • The role of warships
  • Warships in neutral waters
  • Seizure, capture and condemnation
  • Restrictions on the right of capture
  • Attacks on land targets
  • Mines and torpedoes Ruses and stratagems Blockade

9 Conduct of hostilities: air

  • Military aircraft defined
  • The status and rights of aircraft
  • The role of aircraft in war
  • Methods of combat
  • Protected aircraft
  • Legitimate targets
  • Forbidden weapons
  • Basic rule

10 Prisoners of war

  • The basic rule
  • Who are prisoners of war?
  • Treatment of prisoners of war
  • Duties of the Detaining Power
  • The law controlling prisoners of war
  • End of captivity
  • Offences against prisoners
  • Non-international conflicts

11 The wounded, sick and shipwrecked

  • Common approach
  • Protection and care
  • Removal of the wounded, sick and shipwrecked
  • Civilian assistance
  • Medical personnel, establishments and units
  • Hospital ships
  • Medical aircraft
  • Special protection
  • Use of the emblem

12 Civilians

  • Classical position
  • The impact of World War II
  • Those protected
  • Application of the Convention
  • The rights of protected persons
  • The position of aliens
  • Control measures
  • The position of children
  • Punishment of civilians
  • Journalists

13 The Protecting Power

  • Background
  • The impact of Geneva
  • Prisoners of war
  • Civilians
  • Detention and trial
  • Cultural property
  • The role of humanitarian organisations

14 Civil defence

  • Pre-1977
  • Protocol I
  • Military personnel and civil defence

15 Rights and duties of the Occupying Power

  • The basic rules
  • The nature of belligerent occupation
  • Relations with the population
  • Obligations of the occupying power
  • Actions against the population
  • Amendments to the local law
  • Restrictions on the occupying power
  • Regulations regarding detention

16 Rights and duties of neutrals

  • Basic rules
  • The rights of belligerents
  • The rights and duties of neutrals
  • Enlistment and private trading
  • Neutral nationals
  • Neutrals and maritime warfare
  • Neutral-belligerent relations

17 Prevention of breaches and supervision of conduct

  • The difficulties
  • Dissemination
  • Legal advisers
  • The task of a commander
  • State liability and restrictions on its actions
  • Third-party action
  • Fact-Finding Commission
  • Deterrence-producing compliance

18 War crimes and grave breaches

  • Historical background
  • Monotheistic views
  • Modem developments
  • The two world wars
  • The effect of the Geneva Conventions and Protocol I
  • The treatment of war criminals
  • War crimes defined
  • Action against grave breaches
  • Grave breaches defined
  • Environmental war crimes
  • Customary law offences
  • Command responsibility
  • Defences: necessity
  • Defences: superior orders
  • Confirmation of Nuremberg
  • The present position
  • Treatment of the accused
  • Developments since 1977

19 The law and non-international conflicts

  • The traditional view
  • Article 3 common to the 1949 Conventions
  • Protocol II
  • The Protocol in operation
  • Protection under Protocol II
  • The protection of children
  • Protection of civilians
  • Treatment of civilians
  • The treatment of prisoners and detainees
  • Penalties
  • Care of the wounded and sick
  • Giving the Protocol substance

20 United Nations operations

  • United Nations forces
  • The rights of member states
  • Enforcement measures
  • Peace-keeping operations
  • UN peace-keepers as prisoners
  • The guiding principle

21 Basic rules of the law of armed conflict

  • General applicability of the law
  • The Hague and Geneva Law
  • Humanitarianism
  • Restrictions on means and methods
  • Identification and proportionality
  • Permitted and forbidden activities
  • I The Soldier's Rules
  • II Fundamental rules of international humanitarian law applicable to armed conflicts
  • III Non-international armed conflicts
  • IV United States Soldiers' Rules

Bibliography
Table of cases
Table of treaties
Index

Second Edition

Book Overview


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