International Law And Armed Conflict, Exploring the Faultlines: Essays in Honour of Yoram DinsteinMichael N. Schmitt, Jelena Pejic International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics. |
Contents
Chapter 1 A Revival of the Just War Theory? Ivan Shearer | 1 |
Chapter 2 Rethinking Collective Security Thomas Franck | 21 |
Chapter 3 Topographies of Force Dino Kritsiotis | 29 |
Some Trends and Projections and Their Implications for World Order W Michael Reisman and Andrea Armstrong | 79 |
Anticipation Preemption Prevention and Immediacy Terry D Gill | 113 |
A Normative Framework Michael N Schmitt | 157 |
Chapter 7 Is US Adherence to the Rule of Law in International Affairs Feasible? John F Murphy | 197 |
Chapter 8 The Military Action in Iraqand International Law Ruth Wedgwood | 229 |
Chapter 12 Combatants Substance or Semantics? Charles HB Garraway | 317 |
Interpretations and Consequences Jelena Pejic | 335 |
Some Legal Issues Concerning US Military Contractors in Iraq Avril McDonald | 357 |
Chapter 15 Leaders Courtiers and Command Responsibility in Shakespeare Theodor Meron | 403 |
Chapter 16 Civilian Detentions in Iraq Andru E Wall | 413 |
Applying the Laws of War and Human Rights Adam Roberts | 439 |
To What Extent May Security Council Resolution 1483 Be Considered a Model for Adjustment? Rüdiger Wolfrum | 497 |
Commonalities Differences and Specifics Fania Domb | 509 |
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Common terms and phrases
action acts Additional Protocol Afghanistan aggression Al Qaeda anticipatory self-defense application armed attack armed forces Article 51 authority belligerent occupation Charter civilian Coalition Forces command conduct contractors criminal customary international law Defense detainees detention exercise Fourth Geneva Convention GC III GC IV Hague Regulations human rights law Ibid ICRC Int'l international armed conflict international humanitarian law Iraq Iraq's Iraqi Israel Yearbook Israeli issue jus ad bellum jus in bello Law of Armed law of neutrality laws of war military Nicaragua non-international armed conflict nuclear occupied territory occupying power operations party peace persons political pre-emptive principle prisoner Professor Dinstein prohibition protection Qaeda regime relation relevant responsibility Review right of self-defense rules SC Res Security Council Resolution self-defence status supra note Taliban terrorism terrorist Third Geneva Convention threat tion treaty United Nations unlawful combatants violation Yearbook on Human Yoram Dinstein