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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Conduct of Hostilities in International Humanitarian Law Volume II

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

ISBN13: 9780754629368
Published: August 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £200.00

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The essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law's protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law's adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy, a violation of the law that weaker parties in asymmetrical conflicts are increasingly adopting as an operational tactic.

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Public International Law
Introduction, Michael N. Schmitt

Part I Weapons: The law of weaponry at the start of the new millennium, Christopher Greenwood
Conventional weapons under legal prohibitions, Baxter
Some legal aspects of the use of nuclear weapons, Ian Brownlie.

Part II Persons: So-called 'unprivileged belligerency': spies, guerrillas, and saboteurs, Richard R. Baxter
The status of combatants and the question of guerrilla warfare, G.I.A.D. Draper
Special forces' wear of non-standard uniforms, W. Hays Parks
Unlawful combatancy, Yoram Dinstein
The legal situation of 'unlawful/unprivileged combatants', Knut Dormann
Humanitarian law and direct participation in hostilities by private contractors or civilian employees, Michael N. Schmitt
The status of mercenaries in international law, Leslie C. Green
The international legal protection of children in armed conflicts, Geraldine Van Buren
Protection of women in armed conflicts, Judith Gardam and Hilary Charlesworth.

Part III Objects: Captured enemy property: booty of war and seized enemy property, William G. Downey Jr
Green war: an assessment of the environmental law of armed conflict, Michael N. Schmitt.

Part IV Tactics: Ruses of war and prohibition of perfidy, Dieter Fleck
Name index.