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Vol 21 No 9 Sept/Oct 2016

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The Conduct of Hostilities Under the Law of International Armed Conflict

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Yoram DinsteinDepaul University, Chicago

ISBN13: 9780521834360
ISBN: 0521834368
Published: February 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition out of print, ISBN13 9780521542272

A companion volume to the author's seminal textbook War, Aggression and Self-Defence, Third Edition, Cambridge (2001), this book focuses on issues arising in the course of hostilities between States, with an emphasis on the most recent conflicts in Iraq and Afghanistan. The main themes considered by Yoram Dinstein are lawful and unlawful combatants, war crimes, including command responsibility and defences, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Numerous specific topics that have attracted much interest in recent hostilities are addressed, such as human shields, feigned surrenders, collateral damage and proportionality, belligerent reprisals and weapons of mass destruction.

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Acknowledgement; Introduction; Table of cases; Table of treaties; List of abbreviations
Part I. The General Framework: 1. The sources; 2. The semantics; 3. Inter-state armed conflicts; 4. Military necessity and humanitarian considerations; 5. Humanitarian law and human rights; 6. Dissemination
Part II. Lawful Combatancy: 7. Combatants and civilians; 8. Lawful and unlawful combatants; 9. The entitlement to prisoners of war status under customary international law; 10. The Legal Position under Protocol I of 1977; 11. A case study: the war in Afghanistan; 12. Mercenaries; 13. Armed merchant vessels
Part III. Prohibited Weapons: 14. Introduction; 15. The principle prohibiting unnecessary suffering; 16. Explicit prohibitions and restrictions of certain weapons; 17. The status of nuclear weapons; 18. Development of new weapons
Part IV. Legitimate Military Objectives: 19. The principle of distinction and military objectives; 20. The definition of military objectives by nature, location, purpose and use; 21. General problems relating to the scope of military objectives; 22. Defended and undefended localities in land warfare; 23. Special problems relating to sea warfare; 24. Special problems relating to air warfare
Part V. The Protection of Civilians and Civilian Objects from Attack: 25. Definitions; 26. Direct attacks against civilians; 27. Indiscriminate attacks; 28. The principle of proportionality; 29. Legitimate collateral damage; 30. Precautions in attack; 31. Cessation of protection and 'human shields'; 32. Starvation of civilians
Part VI. Measures of Special Protection: 33. Persons entitled to special protection; 34. Cultural property and places of worship; 35. Medical units; 36. Works and installations containing dangerous forces
Part VII. Protection of the Environment: 37. Introduction; 38. The international legal texts; 39. The dissimilarities between the ENMOD convention and protocol I; 40. A case study: setting fire to oil wells in the Gulf War; 41. Conclusion
Part VIII. Other Methods and Means of Warfare: 42. Perfidy and ruses of war; 43. Espionage; 44. Seizure and destruction of enemy property; 45. Belligerent reprisals; 46. War crimes, command responsibility and defences: 47. The definition of war crimes; 48. The Distinction between war criminals and unlawful combatants; 49. Command responsibility; 50. Admissible and inadmissible defences; General conclusions; Index.