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Law Applicable to Armed Conflict [Pehme köide]

(University of Oxford), (Universiteit Leiden), (Bar-Ilan University, Israel)
  • Formaat: Paperback / softback, 296 pages, kõrgus x laius x paksus: 228x152x16 mm, kaal: 430 g, Worked examples or Exercises
  • Sari: Max Planck Trialogues
  • Ilmumisaeg: 23-Jan-2020
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108722989
  • ISBN-13: 9781108722988
Teised raamatud teemal:
Law Applicable to Armed ConflictSuurem pilt
  • Formaat: Paperback / softback, 296 pages, kõrgus x laius x paksus: 228x152x16 mm, kaal: 430 g, Worked examples or Exercises
  • Sari: Max Planck Trialogues
  • Ilmumisaeg: 23-Jan-2020
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108722989
  • ISBN-13: 9781108722988
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781108722988.html
Märksõnad:
This book provides an in-depth study concerning the law applying to armed conflict. The novel 'trialogical' method brings together three diverse expert viewpoints on the subject, reflecting the range of scholarship and practice within the shifting world order that is relevant for academics, students and practitioners of international law.

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

Arvustused

'[ A] compilation of three distinct, highly sophisticated and original analyses of the relative merits of applying one set of laws or the other.' Matthew Evangelista, Journal of Peace Research

Muu info

Brings together three diverse perspectives on the law relating to armed conflict.
Introduction: International Law Governing Armed Conflict 1(14)
Christian Marxsen
Anne Peters
I The Application of International Humanitarian Law
1(4)
II The Emergence and Influence of Human Rights
5(2)
III A Clash of Paradigms?
7(3)
IV Three Voices in a Trialogue
10(5)
1 Trials and Tribulations: Co-Applicability of IHL and Human Rights in an Age of Adjudication
15(91)
Helen Duffy
I Introduction
15(7)
A Practice, Politics and Positioning of Parties
16(1)
B The Complexity of Conflict
17(2)
C Co-applicability Confirmed
19(1)
D Applicability in an Age of Adjudication
20(2)
II Applicability of IHL and IHRL, and Outstanding Controversies
22(32)
A Applicability Ratione Materiae
22(18)
B Applicability Ratione Personae: Personal Applicability
40(4)
C Applicability Ratione Loci: the Question of Geographic Scope
44(9)
D Applicability Ratione Temporis
53(1)
III Co-applicability and Human Rights Litigation
54(17)
A Context: Increased Engagement across Diverse Treaties and Treaty-body Functions
54(5)
B Evolving Approaches to Co-applicability in Human Rights Adjudication
59(12)
IV Co-applicability and Interplay: Harmonious Interpretation, Lex Specialis and Beyond
71(12)
A Harmonious Interpretation
72(2)
B Lex specialist. The Harry Potter Approach?
74(3)
C Weighted Co-applicability and Prioritisation
77(1)
D Interpretative Approaches to IHRL of Relevance to Co-applicability
78(1)
E Conclusions on Contextual Co-Applicability: Norms and Context
79(4)
V Examples of Interplay and Outstanding Questions
83(16)
A Detention (and Review of Lawfulness) in Non-International Armed Conflict?
84(6)
B Lethal Force and `Targeted Killings'
90(3)
C Cyberspace
93(2)
D Investigation and Accountability
95(4)
VI Conclusion: Leaning In
99(7)
2 Divisions over Distinctions in Wartime International Law
106(91)
Ziv Bohrer
I Classification Crisis and Novel Wars
109(3)
A Blurred Wartime-Peacetime Divide
112(7)
B Blurred Principle of Distinction
119(8)
C The Demise of Battles
127(6)
D Unprecedented Wars
133(6)
II Normative Novelty
139(25)
A Westphalia
143(6)
B NIAC Law
149(11)
C Lotus
160(4)
III Core Jurisdiction Struggle: the Actual Crisis
164(31)
A US and International Law
168(3)
B The Second Eye of the Storm: IHRL
171(24)
IV Conclusion
195(2)
3 Towards a Moral Division of Labour between IHL and IHRL during the Conduct of Hostilities
197(69)
Janina Dill
I Introduction
197(5)
II The Human Right to Life and the Permissibility of Killing according to IHL
202(18)
A IHL and the Rights of Individuals in War
202(4)
B IHL and Civilians' Human Right to Life during Hostilities
206(7)
C IHL and Soldiers' Human Right to Life during Hostilities
213(3)
D IHL's Authorisation of Conduct that Amounts to a Human Rights Violation
216(4)
III The Moral Right to Life and the Legal Permissibility of Killing in War
220(15)
A The Law's Moral Tasks in War
220(6)
B IHRL and the Moral Right to Life
226(4)
C IHL and the Moral Right to Life
230(5)
IV Six Types of Armed Conflict
235(7)
A When is a Violent Confrontation an Armed Conflict?
235(4)
B When does Intensity Matter?
239(3)
V Discharging the Law's Moral Tasks in Armed Conflicts
242(21)
A The Use of Force across International Borders and the Law's First Moral Task
243(3)
B The Intensity of Hostilities and the Law's First Moral Task
246(3)
C The Legal Context and the Law's First Moral Task
249(8)
D The Use of Force across International Borders, the Intensity of Hostilities and the Law's Second Moral Task
257(6)
VI Conclusion
263(3)
Conclusions: Productive Divisions
266(14)
Christian Marxsen
Anne Peters
I Classifying Armed Conflicts
266(2)
II Norm Conflict between IHL and IHRL
268(2)
III Legal Mechanisms of Coordination
270(3)
IV Normative Perspectives
273(5)
V Concluding Reflections
278(2)
Index 280
Ziv Bohrer is lecturer at the Faculty of Law, Bar-Ilan University, Israel. His main areas of research are in international criminal law and international humanitarian law. He was a winner of the Israel's Junior Law Faculty Workshop Paper Competition and has previously held visiting positions at the University of Michigan (as a Fulbright Fellow), the Hebrew University of Jerusalem, University of Georgia and the University of Cambridge. Janina Dill is Professor of US Foreign Policy at Nuffield College, University of Oxford. Her previous publication Legitimate Targets?: Social Construction, International Law and US Bombing (Cambridge, 2014) was included in the Cambridge Studies in International Relations series in 2015. The book was runner-up for the Birks Prize for Outstanding Legal Scholarship of the Society of Legal Scholars and has received an Honourable Mention by the Theory Section of the International Studies Association. Helen Duffy holds the Gieskes Chair in International Humanitarian Law and Human Rights at the Grotius Centre, Universiteit Leiden, and is Honorary Professor of International Law at the University of Glasgow. She also runs 'Human Rights in Practice', a law practice providing legal advice, legal representation and support in strategic human rights litigation before international and regional courts and bodies.