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Vol 23 No 5 May/June 2018

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Handbook of the International Law of Military Operations 2nd ed isbn 9780198744627

Handbook of the International Law of Military Operations

Edited by: Terry Gill, Dieter Fleck

ISBN13: 9780199641215
New Edition ISBN: 9780198744627
Published: August 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: Out of print
Hardback edition out of print, ISBN13 9780199545896

The past decades have seen a remarkable development of military operations both within the United Nations collective security system and in other international settings.

While traditional forms of military operations have been maintained and further developed, there have also been substantive developments, responding to new challenges for international security, the specific requirements of international and multinational cooperation, and legal regulation.

Treaty law, customary law, and best practice relevant for military operations derive from various branches of international law which have to be applied in context. Cooperation between States and International Organizations has brought about a progressive development of applicable rules, and a requirement for legal control both at the national and international level.

At the same time, the correct application of legal rules and best practice has become one of the benchmarks for the assessment of military operations and failure to meet appropriate standards can have significant military and political, as well as legal, implications. This makes the identification and correct application of these rules of crucial importance in the planning and conduct of all types of military operations.

The absence of an all-encompassing set of regulations and the need to find specific solutions for tasks characterized by an interdependence of efforts have made a reassessment of this important part of international law both a timely and topical task. Renowned international lawyers have joined together in this project to offer their insight in the relevant principles and provisions.

They address important rules for enforcement, peace enforcement, and peace operations, as well as for other military operations conducted within the context of self-defence and other possible legal bases for the use of force.

Public International Law
Part I General Issues
1: Terry Gill & Dieter Fleck: Concept and Sources of the International Law of Military Operations
2: William K. Lietzau & Joseph A. Rutigliano: History and Development of International Military Operational Law
3: Nils Melzer: Conceptual Distinction and Overlaps Between Law Enforcement and the Conduct of Hostilities
4: Jann Kleffner: Human Rights and International Humanitarian Law. General Issues
Part II Military Operations within the Context of the UN Collective Security System
5: Enforcement Operations
5.1: Terry Gill: Legal Characterization and Basis for Enforcement Operations and Peace Operations under the Charter
5.2: Dieter Fleck: Status of Forces in Enforcement Operations
5.3: Terry Gill: Legal Parameters for the Use of Force in the Context of the UN Collective Security System
5.4: Charles Garraway & Blaise Cathcart: Force Application in Enforcement Operations
5.5: Charles Garraway & Blaise Cathcart: Applicability and Application of International Humanitarian Law to Enforcement Operations
6: Peace Operations
6.1: Terry Gill: Characterization and Legal Basis for Peace Operations
6.2: Dieter Fleck: Status of Forces in Peace Operations
6.3: Terry Gill: Legal Parameters for the Use of Force within the Context of Peace Operations
6.4: Patrick Cammaert & Ben Klappe: Application of Force and Rules of Engagement in Peace Operations
6.5: Patrick Cammaert & Ben Klappe: Authority, Command and Control in UN Peace Operations
7: Eric Myjer & Nigel White: Peace Operations Conducted by Regional Organizations and Arrangements
Part III Military Operations within the Context of the Right of Self-Defence and Other Possible Legal Bases for the Use of Force
8: Terry Gill: Legal Basis under the UN Charter and under Customary International Law
9: Dieter Fleck: Status of Forces in Self-Defence Operations
10: Charles Garraway & Blaise Cathcart: Application of Force and Rules of Engagement in Self-Defence Operations
11: Charles Garraway & Blaise Cathcart: International Humanitarian Law in Self-Defence Operations
12: Terry Gill & Paul Ducheine: Rescue of Nationals
13: Terry Gill: Humanitarian Intervention
14: Terry Gill: Military Intervention at the Invitation of a Government
Part IV Capita Selecta of International Military Operational Law
15: Charles Garraway & Blaise Cathcart: Command and Control in Military Operations
16: Mike Schmitt: Targeting in Operational Law
17: Nils Melzer: Targeted Killings in Operational Law Perspective
18: Mike Schmitt: Air Law and Military Operations
19: Wolff Heintschel v. Heinegg: The Law of Military Operations at Sea
20: Wolff Heintschel v. Heinegg: Maritime Interception/Interdiction Operations
21: Blaise Cathcart: Legal Dimensions of Special Forces and Information Operations
22: Hans Boddens Hosang: Unit Self-Defence, Extended Self-Defence and Force Protection
23: Hans Boddens Hosang: Personal Self-Defense
24: Tim McCormack & Bruce Oswald: The Maintenance of Law and Order within the Context of International Military Operations from an Operational Legal Perspective
25: Jann Kleffner: Operational Detentions
26: Ben Klappe: Civil-Military Cooperation and Humanitarian Assistance
27: Ben Klappe: Prevention and Repression of Sexual Exploitation and Abuse in the Context of Peace Operations
28: Fenrick: The Prosecution of International Crimes in Relation to the Conduct of Military Operations
29: Kondoch: The Responsibility of Peacekeepers, their Sending States, and International Organizations
Part V Synthesis and Conclusions
Tony Rogers & Darren Stewart: The Role of the Military Legal Advisor
Terry Gill & Dieter Fleck: Conclusions.