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It is a vast and various field: ‘Laws of War’. In this study (just as in Volume 1) we have established that a mere enumeration of laws and regulations does not lead to a better understanding. Some explanation has to be done to give a broader scope and understanding of the increasing effects of these Laws, Conventions, Regulations or Statutes.
The increase in and multitude of subjects of the international legal instruments since 1945 and their gradually interdependence are by shrill contrast with the only Convention in the 19th century. In 2013 it is tempting to relate to actual ‘wars’ (Korea, Vietnam, Yugoslavia, Middle East, Lebanon, Afghanistan, Syria), facts (My Lai, Sebrenica, Dafur), persons (Karadzic, Milosevic), ‘new’ wars (on drugs, on terrorism), or threats of war (‘Cold War’). To enlighten (most of) the following Conventions, Manuals, Judgments or Statutes, we have added – around the actual text – article(s) on the subject. These articles are different from origin; some regard the subject after the Convention was accepted (‘what were the results?’), some explain the (difficult and long) way the Manual had to undergo before it eventually was put into order.
This volume starts with a ‘general’ introduction on the subject. But as we believe sincerely that the present is inextricably bound up with the past, we present – as a broad introduction to the 150 year development of Human Rights Law and the convergence with Laws of War – the article of professor K.J. Keith, TUTTI FRATELLI? Perspectives and challenges for international humanitarian law. This volume has three parts. The first part focuses on the basic Human Rights instruments and International Law that originated after 1945. The second part examines the source(s) of the tribunal of Nuremberg and the corresponding principles. These principles formed the cornerstone for the tribunals yet to come (Rwanda, East Timor, Yugoslavia) and found their final outcome in the International Criminal Court. The third part researches a ‘side way’ of Human Rights instruments and relates to the potential misuse of the environment as military means and the protection of cultural heritage.
This book is the 2nd book in the series on Laws of War and belongs to the International Law Series.