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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Implementation and Enforcement of International Humanitarian Law

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ISBN13: 9780754629382
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 volume explore the entire range of issues related to the question of how to implement and enforce international humanitarian law. Measures of self-help that used to play a key role in past international armed conflicts, especially reprisals, have increasingly been outlawed, and thus the enforcement of international humanitarian law has now to be achieved by other means, including criminal proceedings against those who have seriously (or gravely) committed war crimes. Accordingly, the concept of grave breaches, the universality principle and international criminal law are dealt with extensively in this collection. Finally, the volume includes an examination of the practice of 'lawfare' (an abuse of international humanitarian law for military or political purposes) which has proven increasingly effective in contemporary armed conflict.

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Public International Law
Introduction, Wolff Heintschel von Heinegg
War reprisals in the war crimes trials and in the Geneva Conventions of 1949, A.R. Albrecht
Belligerent reprisals revisited, Frits Kalshoven
The implementation and enforcement of the Geneva Conventions of 1949 and of the other two additional Protocols of 1978, G.I.A.D. Draper
The role of legal advisors in the armed forces, Leslie C. Green
The men in the field and the maxim of ignorantia iuris non excusat, Leslie C. Green
Private pecuniary claims arising out of war, Edwin M. Borchard
State responsibility for warlike acts of the armed forces, Frits Kalshoven
History of the grave breaches regime, Yves Sandoz
The universality principle and war crimes, Yoram Dinstein
The law of nations and the punishment of war crimes, Hersch Lauterpacht
The municipal and international law basis over war crimes, Richard R. Baxter
Superior orders and the reasonable man, Leslie C. Green
Command responsibility for war crimes, W. Hays Parks
Accountability for international crimes: from conjecture to reality, Jelena Pejic
Law and military interventions: preserving humanitarian values in 21sytcentury conflicts, Charles J. Dunlap
Name index.