Reflections on Law and Armed Conflicts: The Selected Works on the Laws of War by the Late Professor Colonel G.I.A.D. Draper, Obe

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Martinus Nijhoff Publishers, May 7, 1998 - Law - 288 pages
This unique volume presents an edited selection of works upon the laws of armed conflict by the late Professor Colonel G. I. A. D. Draper, OBE. Professor Colonel Draper was a central figure in the analysis and dissemination of the humanitarian laws of armed conflict in the English-speaking world. He had a wide practical and academic experience of the subject including service as a prosecutor at the Nuremberg trials. His work covered not only the contemporary substance of the law but also its moral, ethical and political context, the pressures upon its development and its potential for further positive, and other, development. This edited collection presents a very significant part of Professor Colonel Draper's work, including many pieces which are no longer readily accessible or have never before been published, with modern commentary referring to developments which have occurred since his death. The late Professor Colonel's work is an important scholarly contribution to the subject and also retains a very great degree of modern relevance, including comment upon such issues as war crimes and appropriate responses to them. The Editors present this collection as both an important scholarly and practical resource and a fitting tribute to one of the great twentieth century contributors to this area of law.
 

Contents

The Origins of the Just War Tradition
5
Penitential Discipline and Public Wars in the Middle Ages
15
DEVELOPMENT OF THE LAW OF
33
Grotius Place in the Development of Legal Ideas about
48
The Historical Background and General Principles of the Geneva
54
The Emerging Law of Weapons Restraint
63
The Development of International Humanitarian
69
54
77
General Principles
141
WAR CRIMINALITY
151
The Eichmann Trial A Judicial Precedent
174
Wars of National Liberation and War Criminality
180
PERSONNEL AND ISSUES OF STATUS
194
The Status of Combatants and the Question of Guerrilla Warfare
206
The Historical Perspective of the Status of Women in the Armed Forces
238
Protection of Religious Personnel in War
247

Rules Governing the Conduct of Hostilities the Laws of War and their
87
Collective and Individual Responsibility for the Application of Humanitarian
94
The Implementation of the Geneva Conventions of 1949 and the Additional
102
The Place of the Laws of War in Military Instruction
111
HUMANITARIAN LAW AND HUMAN RIGHTS
121
Some Legal Aspects of Forced Repatriation of Soviet Citizens
255
A Legal Evaluation of the Final Report of the Commission of Inquiry
269
INDEX
283
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