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Essays on War in International Law


ISBN13: 9781905017324
ISBN: 1905017324
Published: August 2006
Publisher: Cameron May Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello).

The collection looks at Iraqi invasion of Kuwait in 1990 and the shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention.

The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.

Subjects:
Public International Law
Contents:
1. The Relationship of Ius ad Bellum and Ius in Bello
2. Concept of War in Modern International Law
3. International Humanitarian Law (Laws of War)
4. International Law and the Conduct of Military Operations: Stocktaking at the Start of the New Millennium
5. The Customary Law Status of the 1977 Additional Protocols
6. A Critique of the Protocols to the Geneva Conventions of 1949
7. The Law of Weaponry at the Start of the New Millennium
8. Jus ad Bellum and Jus in Bello in the Nuclear Weapons Advisory Opinion
9. Twilight of the Law of Belligerent Reprisals
10. Belligerent Reprisals in the Jurisprudence of the ICTY
11. The Administration of occupied Territory in International Law
12. Terrorism and Humanitarian Law - The Debate Over Additional Protocol I
13. War, Terrorism and International Law
14. The War Crimes Act 1991
15. International Humanitarian Law and the Tadic Case
16. International Law and the United States' Air Operation against Libya
17. New World Order or Old? The Invasion of Kuwait and the Rule of Law
18. Customary International Law and the First Geneva Protocol of 1997 in the Gulf Conflict
19. Humanitarian Intervention: The Case of Kosovo
20. The Applicability of International Humanitarian Law and the Law of Neutrality in the Kosovo Campaign
21. International Law and the Pre-emptive Use of Force: Afghanistan, Al-Qaida and Iraq