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Vol 21 No 11 Nov/Dec 2016

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The Scope and Applicability of International Humanitarian Law

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Edited by: Michael N. Schmitt, Wolff Heintschel von Heinegg

ISBN13: 9780754629337
Published: August 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £200.00



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The applicability of international humanitarian law requires the existence of an armed conflict that is either international or non-international in character. Accordingly, the concept of armed conflict (as well as the related notion of war) and its temporal and material limits are the focus of the reprinted essays which open this volume. Subsequent articles address highly contentious issues regarding the relationship between the jus in bello and international humanitarian law on the one hand, and the jus ad bellum and international human rights law on the other, as well as the closely related principle of the equal application of international humanitarian law.

In the light of contemporary conflicts, essays consider the legal position of States that have chosen not to become a party to an ongoing international armed conflict (law of neutrality) as well as the question of whether and to what extent international humanitarian law provides rules governing counter-terrorism operations, that is, the 'global war on terror'. Taken together, these essays provide a comprehensive analytical survey of the scope and applicability of international humanitarian law.

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Subjects:
Public International Law
Contents:
Introduction, Wolff Heintschel von Heinegg
The concept of war in modern international law, Christopher Greenwood
The different types of armed conflicts according to the Geneva Conventions and Protocols, Dietrich Schindler
Humanitarian law and armed conflicts: towards the definition of 'international armed conflict', Tom Farer
Internationalized non-international armed conflicts: case studies of Afghanistan, Kampuchea, and Lebanon, Hans-Peter Gasser
The problem of the revision of the law of war, Hersch Lauterpacht
The nature and scope of the Armistice agreement, Howard Levie
Armistices and other forms of suspension of hostilities, Richard R. Baxter
The limits of the operation of the law of war, Hersch Lauterpacht
The relationship between jus ad bellum and jus in bello, Christopher Greenwood
The equal application of the law of war: a principle under pressure, Adam Roberts
The present status of neutrality, Quincy Wright
International law and contemporary naval operations, Daniel P. O'Connell
Human rights and humanitarian law, Dietrich Schindler
International humanitarian law and human right law, Louise Doswald-Beck and Sylvain Vité
The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body, Francoise J. Hampson
Counter-terrorism, armed force and the laws of war, Adam Roberts
Use and abuse of the laws of war in the 'war on terrorism', Marco Sassoli
Name index.