An Introduction to the International Law of Armed Conflicts - download pdf or read online

By Richard Hyde, Robert Kolb

ISBN-10: 1841137995

ISBN-13: 9781841137995

This publication presents a contemporary and easy creation to a department of overseas legislations regularly gaining in significance in foreign existence, particularly foreign humanitarian legislations (the legislation of armed conflict). it's developed in a manner compatible for self-study.The subject-matters are mentioned in self-contained chapters, permitting each one to be studied independently of the others. one of the subject-matters mentioned are, inter alia: the connection among jus advert bellum/jus in bello; historic Evolution of IHL; uncomplicated rules and assets of IHL; Martens Clause; foreign and Non-International Armed Conflicts; fabric, Spatial, own and Temporal Scope of program of IHL; particular Agreements below IHL; function of the ICRC; focusing on; items particularly shielded from assault; Prohibited guns; Perfidy; Reprisals; advice of the Wounded and in poor health; Definition of opponents; safeguard of Prisoners of battle; defense of Civilians; Occupied Territories; protecting logos; Sea war; Neutrality; and, Implementation of IHL.

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Extra info for An Introduction to the International Law of Armed Conflicts

Example text

Even warfare has its constraints and limitations. The rules responsible for regulating and limiting the phenomenon of armed conflict by spelling out the rights and duties of the belligerents and of the third states not participating in the armed conflict are called the law of armed conflict (LOAC). The term international humanitarian law (IHL) is seen today as practically synonymous with the LOAC. We will return to this point below. 2. In a very useful book on the LOAC, the following helpful introduction is given to this body of public international law rules: International Humanitarian Law (IHL) can be defined as the branch of international law limiting the use of violence in armed conflicts by: a) sparing those who do not or no longer directly participate in hostilities; b) limiting the violence to the amount necessary to achieve the aim of the conflict, which can be—independently of the causes fought for—only to weaken the military potential of the enemy.

The norms regulating the use of force are found essentially in Article 2(4), which prohibits the unilateral use of force by states; Article 51, which allows, by way of exception, the use of force in cases of self-defence; and Chapter VII, Articles 39ff of the Charter, which sets out the specific powers of the Security Council in the field of the maintenance of international peace and security. c) Statement (1): subjective. It is the entitlement and claim by the individual state which is at stake.

Now, if we were to allow discrimination in the application of the LOAC, this would amount to saying that the protected persons, for example civilians, within the wrongdoing state deserve less protection than those within the wronged state.

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An Introduction to the International Law of Armed Conflicts by Richard Hyde, Robert Kolb

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