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Dual Use Objects Under International Humanitarian Law Towards A Paradigm Shift


Dual Use Objects Under International Humanitarian Law Towards A Paradigm Shift
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Dual Use Objects Under International Humanitarian Law Towards A Paradigm Shift


Dual Use Objects Under International Humanitarian Law Towards A Paradigm Shift
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Author : Francesca Capone
language : en
Publisher: Springer Nature
Release Date : 2025-05-29

Dual Use Objects Under International Humanitarian Law Towards A Paradigm Shift written by Francesca Capone and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-29 with Law categories.


This book deals with a crucial and yet under-explored topic that has increasingly gained momentum during modern armed conflicts, i.e. dual-use objects under international humanitarian law (IHL). Dual-use objects, such as energy infrastructures, water installations and civilian means of transportation and communication, which could be used also for military purposes, is a term that has entered the IHL jargon but has not attained the status of a legal concept. Dual-use objects are easily identifiable and yet remain difficult to pin down, in particular when it comes to separating them from military objectives and determining the applicable rules to enhance their protection. Although attacks against critical infrastructures are traditionally justified as being part of a legitimate military strategy, experts and, in some instances, governments are uncomfortable with the idea of depriving the civilian population of services and goods essential to its survival. Yet, the sense of discomfort has not led to any significant improvement and ‘dual-use objects’ remain on the target lists of most belligerents. A number of factors, which this book analyses to explain the rise and rationale behind the current 'mainstream approach' to dual-use objects, contributed to cementing the status quo. The present book, building on these premises, pursues a twofold aim. First, this book seeks to fill a significant gap in the IHL scholarship in light of the limited attention that the topic has received so far. Second, this book aims to challenge the mainstream approach through a rigorous inquiry and the development of a new paradigm. The paradigm shift, which is at the heart of this study, places under the spotlight the civilian function of dual-use objects and reclaim the central role of the individual actors that plan, order and execute attacks against these targets. This book aspires to become an essential tool for academics and practitioners working in the IHL field, but at the same time its readership is expected to include students at all levels that have an interest in the topic and seeks to approach it in an innovative way. Francesca Capone is Associate Professor of International Law at the Institute DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy.



An Introduction To The International Law Of Armed Conflicts


An Introduction To The International Law Of Armed Conflicts
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Author : Robert Kolb
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-09-17

An Introduction To The International Law Of Armed Conflicts written by Robert Kolb and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-17 with Law categories.


This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.



Customary International Humanitarian Law


Customary International Humanitarian Law
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Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005

Customary International Humanitarian Law written by Jean-Marie Henckaerts and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Customary law categories.


"Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts."--



The Law Of Air Warfare


The Law Of Air Warfare
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Author : Natalino Ronzitti (jurist)
language : en
Publisher: Eleven International Publishing
Release Date : 2006

The Law Of Air Warfare written by Natalino Ronzitti (jurist) and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.


This book is the outcome of a research project directed by Natalino Ronzitti, to explore the current status and future prospects of international humanitarian law of air warfare. This is achieved through the analysis of international customary law, the conventional provisions in force and the most recent State practice. As the most recent conflicts suggest, air warfare has known an exponential growth. However, even a rapid analysis of the international humanitarian law applicable to air warfare shows a defective and fragmentary situation. This book will fill the current gap that exists in legal literature and will critically review and evaluate recent State practice.



Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations


Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02

Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations written by Michael N. Schmitt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-02 with Law categories.


The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.



Off Target


Off Target
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Author : Human Rights Watch (Organization)
language : en
Publisher:
Release Date : 2003

Off Target written by Human Rights Watch (Organization) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with History categories.


Thousands of Iraqi civilians were killed or injured during the three weeks of fighting from the first air strikes on March 20 to April 9, 2003, when Baghdad fell to U.S.-led coalition forces. Human rights investigated the conduct of the war during a five-week mission in Iraq. This report documents Iraqi violations of international humanitarian law, including use of human shields, abuse of the red cross and red crescent emblems, use of antipersonnel landmines, location of military objects in protected places, and failure to take adequate precautions to protect civilians from the dangers resulting from military operations.



Military Necessity In International Cultural Heritage Law


Military Necessity In International Cultural Heritage Law
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Author : Berenika Drazewska
language : en
Publisher: International Humanitarian Law
Release Date : 2021-12-09

Military Necessity In International Cultural Heritage Law written by Berenika Drazewska and has been published by International Humanitarian Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-09 with Law categories.


"Introduction Destruction of cultural heritage is always irreparable. Once destroyed, items of immense value, originating in civilizations and cultures that have since vanished or been transformed beyond recognition, are gone forever. War - the enemy of mankind - mercilessly orphans humanity of the unique expressions of creative energy and the beliefs of its ancestors. The sheer scale and nature of wartime destruction of cultural and religious heritage must raise doubts as to its purely incidental character"--



New Rules For Victims Of Armed Conflicts


New Rules For Victims Of Armed Conflicts
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Author : Michael Bothe
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1982-04-30

New Rules For Victims Of Armed Conflicts written by Michael Bothe and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-04-30 with Law categories.


Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.



The Military Commander S Necessity


The Military Commander S Necessity
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Author : Sigrid Redse Johansen
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-20

The Military Commander S Necessity written by Sigrid Redse Johansen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.


The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.



Transparency In International Law


Transparency In International Law
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Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07

Transparency In International Law written by Andrea Bianchi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.


Analyses the hitherto unexplored issues concerning transparency in key areas of international law.