International Law And Armed Conflict, Exploring the Faultlines: Essays in Honour of Yoram Dinstein

Front Cover
Michael N. Schmitt, Jelena Pejic
Martinus Nijhoff Publishers, 2007 - Law - 586 pages
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

Crucial or Outdated? Marco Sassòli
241
Status Quo or Change? Kenneth Watkin
265
Chapter 11 The Law of Weaponry Is It Adequate? Bill Boothby
297
The Myth of the Irrelevance of the Law of Neutrality Wolff Heintschel von Heinegg
543
Index
569
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