Searching For A Principle Of Humanity In International Humanitarian Law


Searching For A Principle Of Humanity In International Humanitarian Law
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Searching For A Principle Of Humanity In International Humanitarian Law


Searching For A Principle Of Humanity In International Humanitarian Law
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Author : Dr Kjetil Mujezinovic Larsen
language : en
Publisher: Cambridge University Press
Release Date : 2013

Searching For A Principle Of Humanity In International Humanitarian Law written by Dr Kjetil Mujezinovic Larsen 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 with Law categories.


This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.



Searching For A Principle Of Humanity In International Humanitarian Law


Searching For A Principle Of Humanity In International Humanitarian Law
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Author : Kjetil Mujezinović Larsen
language : en
Publisher: Cambridge University Press
Release Date : 2012-11-08

Searching For A Principle Of Humanity In International Humanitarian Law written by Kjetil Mujezinović Larsen 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 2012-11-08 with Law categories.


The legal norms of International Humanitarian Law (IHL) are the product of a compromise between humanitarian considerations and the demands of military necessity. In Searching for a 'Principle of Humanity' in International Humanitarian Law, international legal scholars consider whether humanitarian considerations have an independent legal impact on IHL beyond the formation of these norms. They ask whether a 'principle of humanity' can be said to have legal force in its own right. Moreover, the book investigates whether regional or national differences are emerging regarding the import and emphasis placed on humanitarian considerations. For instance, do states which are not directly affected by armed conflict attach a greater weight to humanitarian considerations when interpreting and applying IHL than those states which are more directly involved in armed conflicts? Specifically, this book examines whether a particular 'Nordic perspective' can be identified, owing to those states' involvement in armed conflicts outside their own territories in the post-Second World War era.



Searching For A Principle Of Humanity In International Humanitarian Law


Searching For A Principle Of Humanity In International Humanitarian Law
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Author : Kjetil Mujezinović Larsen
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-31

Searching For A Principle Of Humanity In International Humanitarian Law written by Kjetil Mujezinović Larsen 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 2016-03-31 with Law categories.


The legal norms of International Humanitarian Law are the product of a compromise between humanitarian considerations and the demands of military necessity. In Searching for a 'Principle of Humanity' in International Humanitarian Law, international legal scholars consider whether humanitarian considerations have an independent legal impact on IHL beyond the formation of these norms. They ask whether a 'principle of humanity' can be said to have legal force in its own right. Moreover, the book investigates whether regional or national differences are emerging regarding the import and emphasis placed on humanitarian considerations. For instance, do states which are not directly affected by armed conflict attach a greater weight to humanitarian considerations when interpreting and applying IHL than those states which are more directly involved in armed conflicts? Specifically, this book examines whether a particular 'Nordic perspective' can be identified, owing to those states' involvement in armed conflicts outside their own territories in the post- Second World War era.



Proportionality In International Humanitarian Law


Proportionality In International Humanitarian Law
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Author : Amichai Cohen
language : en
Publisher: Oxford University Press
Release Date : 2021

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 with Law categories.


The principle of proportionality is one of the cornerstones of International Humanitarian Law. Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, & accepted as almost axiomatic. Yet, the exact meaning of this principle is vague. Almost every issue is in dispute. 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 & civilian purposes?



The Development And Principles Of International Humanitarian Law


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.



Principles Of International Humanitarian Law


Principles Of International Humanitarian Law
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Author : Jonathan Crowe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01

Principles Of International Humanitarian Law written by Jonathan Crowe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.


ÔThis is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.Õ Ð Marco Sass~li, University of Geneva, Switzerland This book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context. The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups. Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners.



Customary International Humanitarian Law


Customary International Humanitarian Law
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Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005-03-03

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 2005-03-03 with 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. Comment Don:RWI.



International Humanitarian Law Theory Practice Context


International Humanitarian Law Theory Practice Context
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Author : Daniel Thürer
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-07-11

International Humanitarian Law Theory Practice Context written by Daniel Thürer 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 2011-07-11 with Law categories.


This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".



Development And Principles Of International Humanitarian Law


Development And Principles Of International Humanitarian Law
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Author : Jean Simon Pictet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1985-09-30

Development And Principles Of International Humanitarian Law written by Jean Simon Pictet 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 1985-09-30 with Law categories.


The main aim of this book is to inquire into the system of norms regulating the 'internationalization' of internal conflicts. The traditional distinction between international & internal conflict, which entails different legal consequences, is in practice very difficult to detect due to the presence, in many instances, of elements typical of both situations. Through a careful & extraordinarily useful examination of all relevant cases of 'internationalized' internal conflict since 1956, the validity of the traditional framework of rules concerning foreign intervention in internal conflict is reassessed. At the same time, the applicability to these situations of the rules typical of international conflicts are analyzed with a view to providing the existence of a continuum between the two situations, not only as a matter of fact but also with respect to their legal regulation.



Advanced Introduction To International Humanitarian Law


Advanced Introduction To International Humanitarian Law
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Author : Robert Kolb
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-12-31

Advanced Introduction To International Humanitarian Law written by Robert Kolb and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-31 with Law categories.


This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions _ which are at times challenging and controversial _ in order to get to the very essence of the subject a