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Which human rights violations or war crimes allegations result in exclusion from the refugee regime? What human rights protections apply to someone declared an unlawful combatant? Which human rights obligations apply to the actions of armed forces acting abroad? Over the past ten years the content and application of international law in armed conflict has changed dramatically. An authoritative and comprehensive study of the role of international law in armed conflicts, this Oxford Handbook engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, this book has a global, multi-disciplinary perspective on the place of law in war.The Handbook consists of 35 Chapters in seven parts. Part A provides the historical background and sets out some of the contemporary challenges. Part B considers the relevant sources of international law. Part C describes the different legal regimes: land warfare, air war fare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part D introduces crucial concepts in international humanitarian law: weapons and the concepts of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, and internal armed conflict. Part E looks at fundamental rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, the human rights of the members of the armed forces, and the protection of children. Part F covers important issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, refugee law, and the issues of gender in times of armed conflict. Part G deals with accountability issues including those related to private security companies and armed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice....
List of contents
- Preface
- A. Introduction
- 1: P. Haggenmacher: The Law of War: An Historical Perspective
- 2: A. Cassese: Current Challenges to International Humanitarian Law
- 3: J. Kellenberger: The Role of the International Committee of the Red Cross
- B. Sources
- 4: T. Meron: Customary Humanitarian Law Today: From the Academy to the Court Room
- 5: R. Kolb and K. Del Mar: Treaties in Armed Conflict
- C. Legal Regimes
- 6: Y. Sandoz: Land Warfare
- 7: M. Schmitt: Air Warfare
- 8: W.H. Von Heinegg: Maritime Warfare
- 9: P. Spoerri: Law of Occupation
- 10: D. Fleck: The Law Applicable to Peace Operations
- 11: P. Seger: The Law of Neutrality
- D. Key Concepts for Humanitarian Law
- 12: S. Haines: Prohibited Weapons and the Issue of Superfluous Injury and Unnecessary Suffering
- 13: N. Melzer: The Principle of Distinction between Civilians and Combatants
- 14: E. Cannizzaro: Proportionality
- 15: P. Gaeta: Genocide and other Crimes Against Humanity in Armed Conflict
- 16: G. Abi-Saab: Grave Breaches of the Geneva Conventions and other War Crimes
- 17: E. David: Internal (non-international) Armed Conflicts
- E. Key Rights in Times of Armed Conflict
- 18: W. Schabas: The Right to Life
- 19: M. Nowak: Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- 20: D. Weissbrodt: Fair Trial
- 21: E. Riedel: Economy Social and Cultural Rights
- 22: J.M. Henckaerts: Protection of the Environment
- 23: R. O Keefe: Protection of Cultural Property
- 24: P. Rowe: Human Rights of Members of the Armed Forces
- F. Key Issues in Times of Armed Conflict
- 25: G. Distefano: Aggression, Self-Defence and the Legitimate Use for Force
- 26: A. Bianchi and Y. Naqvi: Terrorism
- 27: K. Dörmann: Unlawful Combatants
- 28: D. Jinks: The Applicability of Human Rights Law in Times of Armed Conflict
- 29: V. Chetail: Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law
- 30: C. Chinkin: Gender and Armed Conflict
- 31: J. Cockayne: Private Military and Security Companies
- G. Answering for violations of the Law
- 32: A. Clapham: The Accountability of Armed Groups
- 33: C. Tomuschat: State responsibility and the Individual Right to Compensation before National Courts
- 34: N. Michel: Transitional Justice
- Conclusion
Report
Clapham and Gaeta are to be congratulated for their Herculean efforts in assembling a book that fairly represents the vast disagreement and contestation that currently inhabits the legal regulation of warfare. The Handbook paints a complex picture of overlapping legal domains all pushing and competing to regulate military conduct. Whether or not this competitive process is coherent depends on which author in the Handbook is asked, a pluralism that accurately reflects the state of the field today. AJIL, Jens David Ohlin, Cornell Law School
