The Contemporary Law Of Armed Conflict

3. Auflage 2008
ISBN: 978-1-57823-242-0
Verlag: Juris

Buch, Englisch, 434 Seiten

Green's The Contemporary Law of Armed Conflict has been acclaimed as one of the most significant works on the law of armed conflict to appear in recent years. The first edition was adopted as a basic text by military institutions and educational establishments throughout the world and is among the most comprehensive and readable works on the subject.

This new third edition brings the content up to date, examinging the significance of the World Court's opinion on the legality of the Israeli 'self-defence' wall, as well as the more important judgements of the two United Nations War Crimes Tribunals. It also examines the various problems arising from the "war" against terrorism, as well as the operations against the Taliban and Iraq, together with consideration of the issues arising from the treatment of those captured in Afghanistan and Iraq. Among the other recent issues analyzed is the Israeli operation against the Hezbollah in Lebanon.

The book applies a practical as well as a theorectical approach, and draws on an extensive range of national and international practice. It is thus an indispensable reference for the armed forces and government defense organizations, as well as academics and students interested in the modern law of war.

Professor Green has based his text on the draft Manual of Armed Conflict Law he prepared for the Canadian Department of National Defense. The present work is the culmination of many years of study, writing and practical experience of this body of law. This comprehensive work should prove invaluable to such departments around the world, as well as to serving officers, practicing lawyers who have to deal with any aspect of the 'laws of war' and law teachers and their students.

Autoren/Hrsg.

Green, Leslie

Inhaltsverzeichnis

General Introduction Dominic McGoldrick
Foreword Gillian M. White
Preface to the third edition
Abbreviations

1 The legality of war and the law of armed conflict

- War defined
- Criminalising war: Napoleon
- Criminalising war: the Treaty of Versailles
- Criminalising war: the League of Nations
- The Pact of Paris
- The United Nations Charter
- The London/Nuremberg Charter
- The Nuremberg Judgment
- The United Nations and the concept of aggression
- The law of war
- The law in nascendi
- Humanitarian law
- The ASIL Centennial Resolution, 2006

2 The history and sources of the law of armed conflict

- The position in antiquity
- The Middle Ages and chivalry
- Precursors of Geneva
- War: a public activity
- The first modem codes
- Inter-state concern begins
- Precursors of Hague Law
- The Hague Law
- The Declaration of London
- War in the air
- Gas as a weapon
- World War II
- The Nuremberg Judgment and Principles
- The Genocide Convention
- The Geneva Conventions, 1949
- Common Article 3
- Grave breaches and war crimes
- Humanitarian law and civilian protection
- Geneva updated
- Generality of the law

3 International and non-international armed conflict

- Classic position
- The impact of Protocol I, 1977
- The significance of customary law
- Non-international conflicts
- Protocol II, 1977
- Aggression
- Self-determination and national liberation
- Defining a non-international conflict
- Intervention and non-international conflicts
- Afghanistan and Iraq
- Asymmetric warfare
- Educating the fighter in the field

4 Hostilities: their commencement, effects and termination

- The problem of the status mixtus
- Are declarations of war necessary?
- The effect of the United Nations Charter
- Effects of the outbreak of hostilities
- Nationals in enemy territory
- The position of merchant vessels and aircraft
- Operation of the laws of armed conflict
- Termination of the conflict
- Significance of an armistice

5 Inter-belligerent relations

- Enemies and adverse parties
- Belligerents and enemy nationals
- Relations between belligerent forces
- Parlementaires
- Capitulation and surrender
- Passports and safe-conducts
- Safeguards
- Cartels
- Safety zones
- Demilitarised zones
- Undefended places

6 Lawful combatants

- Historical background
- The law today
- The impact of Protocol I
- Mercenaries
- Irregular forces
- Children
- Deserters and spies
- Attached non-combatants

7 Conduct of hostilities: land

- Basic rules
- Illegal weaponry
- Nuclear weapons
- Weapons in desuetude
- Treaties regulating weaponry
- Gas, chemical and bacteriological weapons
- Environmental protection
- Mines, booby-traps and incendiaries
- Poison and starvation
- Forbidden practices
- Stratagems and ruses
- Denial of quarter
- Compulsory enlistment
- Espionage and sabotage
- The problem of aircrews
- The treatment of enemy property
- Precautions in attack
- Dangerous installations
- Protection of civilians

8 Conduct of hostilities: maritime

- Area of operations
- The impact of UNCLOS
- Prize and contraband
- Combatant status
- Merchant ships in enemy ports
- The role of warships
- Warships in neutral waters
- Seizure, capture and condemnation
- Restrictions on the right of capture
- Attacks on land targets
- Mines and torpedoes
- Ruses and stratagems
- Blockade

9 Conduct of hostilities: air

- Military aircraft defined
- The status and rights of aircraft
- The role of aircraft in war
- Methods of combat
- Protected aircraft
- Legitimate targets
- Forbidden weapons
- Basic rule

10 Prisoners of war

- The basic rule
- Who are prisoners of war?
- Treatment of prisoners of war
- Duties of the Detaining Power
- The law controlling prisoners of war
- End of captivity
- Offences against prisoners

11 The wounded, sick and shipwrecked

- Common approach
- Protection and care
- Removal of the wounded, sick and shipwrecked
- Civilian assistance
- Medical personnel, establishments and units
- Hospital ships
- Medical aircraft
- Special protection
- Use of the emblem

12 Civilians

- Classical position
- The impact of World War II
- Those protected
- Application of the Convention
- The rights of protected persons
- The position of aliens
- Control measures
- The position of children
- Punishment of civilians
- Journalists

13 The Protecting Power

- Background
- The impact of Geneva
- Prisoners of war
- Civilians
- Detention and trial
- Cultural property
- The role of humanitarian organisations

14 Civil defence

- Pre-1977
- Protocol I
- Military personnel and civil defence

15 Rights and duties of the Occupying Power

- The basic rules
- The nature of belligerent occupation
- Relations with the population
- Obligations of the occupying power
- Actions against the population
- Amendments to the local law
- Restrictions on the occupying power
- Regulations regarding detention

16 Rights and duties of neutrals

- The Basic rules
- The rights of belligerents
- The rights and duties of neutrals
- Enlistment and private trading
- Neutral nationals
- Neutrals and maritime warfare
- Neutral-belligerent relations

17 Prevention of breaches and supervision of conduct

- The difficulties
- Dissemination
- Legal advisers
- The task of a commander
- State liability and restrictions on its actions
- Third-party action
- Fact-Finding Commission
- Deterrence-producing compliance

18 War crimes and grave breaches

- Historical background
- Monotheistic views
- Modem developments
- The two World Wars
- The effect of the Geneva Conventions and Protocol I
- The treatment of war criminals
- War crimes defined
- Action against grave breaches
- Grave breaches defined
- Environmental war crimes
- Customary law offences
- Command responsibility
- Defences: necessity
- Defences: superior orders
- Confirmation of Nuremberg
- The present position
- Treatment of the accused
- Developments since 1977

19 The law and non-international conflicts

- The traditional view
- Article 3 common to the 1949 Conventions
- Protocol II
- The Protocol in operation
- Protection under Protocol II
- The protection of children
- Protection of civilians
- Treatment of civilians
- The treatment of prisoners and detainees
- Penalties
- Care of the wounded and sick
- Giving the Protocol substance

20 United Nations operations

- United Nations forces
- The rights of member states
- Enforcement measures
- Peace-keeping operations
- UN peace-keepers as prisoners
- The guiding principle
- Operations by NATO

21 Basic rules of the law of armed conflict

- General applicability of the law
- The Hague and Geneva Law
- Humanitarianism
- Restrictions on means and methods
- Identification and proportionality
- Permitted and forbidden activities
- ICRC statements

Bibliography
Table of cases
Table of treaties
Index

Über Autor(innen)

Leslie Green is University Professor Emeritus at the University of Alberta (1991 to date). Professor Green has lectured at many universities in Canada and abroad, including London University and the University of Singapore. He has been a consultant to the Department of External Affairs, the R.C.M.P., The Department of Justice, The U.S. Department of Justice, the U.S. Naval War College and the Judge Advocate General of Canada. He spent two years at the Naval War College as Charles H. Stockton Chair of International Law (1996-98).

Professor Green has authored books and articles on the Laws of War and Humanitarian Law, International Law, Human Rights, Sociology of Law and Terrorism. He was awarded the Cecil Peace Prize (1941), the Hume scholarship in Jurisprudence (1941), the Grotius Medal (1954), is a Fellow of the, Royal Society of Canada (1980), received the University of Alberta Research Prize (1982) and is a Member of Order of Canada (1993) and the Canadian Council on International Law Read Medal (1997).