Essays on War in International LawThe essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant. |
Contents
Preface | 7 |
Concept of War in Modern International Law | 33 |
International Humanitarian Law Laws of War | 61 |
Copyright | |
18 other sections not shown
Common terms and phrases
acts Additional Protocol adopted Appeals Chamber armed attack armed forces Article 51 authorisation belligerent occupation belligerent reprisals Charter chemical weapons civilian objects civilian population coalition combatants common Article conduct of hostilities crimes customary international law customary law decision declaration effect existence Former Yugoslavia Fourth Geneva Convention Geneva Conventions human rights humanitarian intervention Ibid ICRC important internal armed conflicts internal conflicts International Court international humanitarian law Iraq Iraqi ius in bello jurisdiction jus ad bellum Kalshoven Kosovo Kuwait land mines law applicable law of armed law of weaponry laws of war loc cit methods of warfare military action military advantage military objectives neutral nuclear weapons occupied territory party practice prohibition proportionality protection Protocol II question regarded Report reprisals provisions requirement resort to force response right of self-defence rules Security Council status supra targets terrorist threat treaty Trial Chamber Tribunal United Kingdom United Nations unlawful violations