Military Professionalism And Humanitarian Law
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Military Professionalism And Humanitarian Law
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Author : Yishai Beer
language : en
Publisher: Oxford University Press
Release Date : 2018
Military Professionalism And Humanitarian Law written by Yishai Beer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Revitalizing the concept of military necessity -- Lawful war of self-defense : when not to be a sitting duck -- Military strategy : the blind spot of international humanitarian law -- Defensive deterrence : legalizing the stepchild of international law.
Military Professionalism And Humanitarian Law
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Author : Yishai Beer
language : en
Publisher: Oxford University Press
Release Date : 2018-04-09
Military Professionalism And Humanitarian Law written by Yishai Beer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-09 with Law categories.
This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.
Proportionality In International Humanitarian Law
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Author : Amichai Cohen
language : en
Publisher: Oxford University Press
Release Date : 2021-01-18
Proportionality In International Humanitarian Law written by Amichai Cohen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-18 with Law categories.
The principle of proportionality is one of the corner-stones of international humanitarian law. Almost all states involved in armed conflicts recognize that launching an attack which may cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack is prohibited. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of the principle is vague. Almost every issue, from the most elementary question of how to compare civilian harm and military advantage, to the obligation to employ accurate but expensive weapons, is disputed. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state-actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military and civilian purposes? In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski discuss the philosophical and political background of the principle of proportionality. Offering a fresh and comprehensive look at this key doctrine, they comprehensively discuss the different components of the proportionality "equation" - the meaning of "incidental harm" to civilians; the "military advantage" and the term "excessive". The book proposes the debates over the principle of proportionality be reframed to focus on the precautions taken before the attack along with the course States should follow in investigations of the violations of the principle.
Walking Away From Nuremberg
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Author : Lawrence Rockwood
language : en
Publisher:
Release Date : 2007
Walking Away From Nuremberg written by Lawrence Rockwood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Command of troops categories.
In September 1994, Lawrence P. Rockwood, then a counterintelligence officer with the U.S. Army's Tenth Mountain Division, was deployed to Haiti as part of Operation Restore Democracy, the American-led mission to oust the regime of Raoul Cedras and reinstall President Jean-Bertrand Aristide. Shortly after arriving in-country, Captain Rockwood began receiving reports of human rights abuses at the local jails, including the murder of political prisoners.
The Handbook Of International Humanitarian Law
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Author : Dieter Fleck
language : en
Publisher: OUP Oxford
Release Date : 2008-01-24
The Handbook Of International Humanitarian Law written by Dieter Fleck and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-24 with Law categories.
This fully updated second edition the work previously known as The Handbook of Humanitarian Law in Armed Conflicts sets out an international 'manual' of humanitarian law in armed conflicts accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. Topics examined include the historical development, legal basis, and scope of application of international humanitarian law; methods and means of combat; protection of the civilian population, and of the wounded, sick or shipwrecked, and of prisoners of war; the protection of cultural property; the law of neutrality; and the enforcement of international humanitarian law. This edition also incorporates new chapters covering the law of non-international armed conflicts and international peace operations. Highly topical issues including the role of the UN security council, the relevance of International Humanitarian Law in peacetime and post-conflict military operations, and enforcement through trials for war crimes in national and international courts are also discussed.
The Development And Principles Of International Humanitarian Law
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Author : MichaelN. Schmitt
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Development And Principles Of International Humanitarian Law written by MichaelN. Schmitt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.
International Humanitarian Law And Non State Actors
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Author : Ezequiel Heffes
language : en
Publisher: Springer Nature
Release Date : 2019-11-28
International Humanitarian Law And Non State Actors written by Ezequiel Heffes and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
Military Ethics
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Author : George R. Lucas
language : en
Publisher: Oxford University Press
Release Date : 2016
Military Ethics written by George R. Lucas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Military ethics categories.
An approachable, case-driven account of global military ethics. Raises and responds to some of the most important and provocative questions about the proper role and conduct of military organizations and their members. Links sweeping, centuries-old political issues regarding war and the use of force in international relations to the day-to-day responsibilities of the individual members of the profession.
International Military Missions And International Law
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Author : Marco Odello
language : en
Publisher: BRILL
Release Date : 2011-10-14
International Military Missions And International Law written by Marco Odello and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-14 with Law categories.
By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.
The Legal Regime Applicable To Private Military And Security Company Personnel In Armed Conflicts
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Author : Mohamad Ghazi Janaby
language : en
Publisher: Springer
Release Date : 2016-08-31
The Legal Regime Applicable To Private Military And Security Company Personnel In Armed Conflicts written by Mohamad Ghazi Janaby and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-31 with Law categories.
This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.