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Vol 23 No 5 May/June 2018

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Starvation as a Weapon: Domestic Policies of Deliberate Starvation as a Means to an End under International Law

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ISBN13: 9789004288560
Published: June 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £126.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In Starvation as a Weapon Simone Hutter explores, within the framework of international law, the legality of using deliberate starvation as a means to an end. A close look at modern famine shows that, in many cases, food scarcity is not the product of coincidence, but a side effect or result of a deliberate strategy. Starvation is an efficient instrument when used to exert pressure and power, in times of war and peace.

Simone Hutter demonstrates how international human rights law and international humanitarian law prevent deliberate starvation as a means of achieving political goals. She focuses on highly divisive and under-discussed instances in which states deploy deliberate starvation domestically, i.e. within the state’s own national territory.

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Public International Law
List of Abbreviations
1. ‘Starvation as a Weapon’
2. Remarks concerning the Approach and the Structure of this Analysis
Part A General Standards against Deliberate Starvation: The Right to Food and to Humanitarian Assistance
I. Relevant Normative Frameworks
1. Legal Establishment of the Right to Food
2. Restrictions to the Right to Food
II. Prohibition of Deliberate Starvation
1. Deliberate Starvation Evoked by State Action
2. Deliberate Starvation Evoked by Insufficient State Protection against Interference by Non-State Actors
3. Deliberate Starvation Evoked by Passive Conduct of a State in Vulnerable Situations
Part B Situations of Armed Conflict: International Humanitarian Law
I. Application of International Humanitarian Law
1. Non-International Armed Conflict
2. Use of Starvation as Use of Force?
3. Problematic Classification of Contemporary Armed Conflicts
II. Prohibition of Deliberate Starvation
1. Prohibition of Starvation of Civilians as a Method of Warfare
2. Destruction of Objects Indispensable to the Survival of the Civilian Population
3. Starvation of the Civilian Population by Food Blockade
Part C Conclusion
I. Two Frameworks as a Starting Position
II. Harmonisation
1. Parallel Application
2. Synergies and Antagonisms
III. Food for Thought