Reflections on Law and Armed Conflicts: The Selected Works on the Laws of War by the Late Professor Colonel G.I.A.D. Draper, ObeThis 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 |
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1949 Geneva Convention acts application armed forces army Asoka belligerent camps capture Chapter Christian civil combatant status command committed Common Article conduct Conventions of 1949 Court criminal customary law defence Detaining Power Edict effect enemy enforcement established fighting Geneva POW grave breaches Grotius Hague Convention Hague Regulations hostilities human rights ICRC instruction instrument internal conflicts international armed conflicts international humanitarian law international law irregular fighters Israel jurisdiction jus in bello killing Law of Piety law of war lawful combatancy laws of armed levée en masse matter Military Law modern Nuremberg obligation occupied territory operations Party penance penitential persons Phalangists political POW status principles prisoners of war Professor Colonel Draper prohibition Protocol II provision Red Cross regime of human Regulations of 1907 relation repatriation rules Soviet citizens tion Tribunal victims violation war crimes war criminality warfare weapons West Beirut women World wounded