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This book, now fully updated and in its third edition, explains the law relating to the conduct of hostilities and provides guidance on difficult or controversial aspects of the law. It covers who or what may legitimately be attacked and what precautions must be taken to protect civilians, cultural property or the natural environment. It deals with the responsibility of commanders and how the law is enforced. There are also chapters on internal armed conflicts and the security aspects of belligerent occupation.
This book, now fully updated and in its third edition, explains the law relating to the conduct of hostilities and provides guidance on difficult or controversial aspects of the law. It covers who or what may legitimately be attacked and what precautions must be taken to protect civilians, cultural property or the natural environment. It deals with the responsibility of commanders and how the law is enforced. There are also chapters on internal armed conflicts and the security aspects of belligerent occupation.
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Autorenporträt
A. P. V. Rogers is a Former Senior Fellow at the Lauterpacht Centre for International Law at the University of Cambridge
Inhaltsangabe
1 General principles Armed conflict Military necessity Humanity Rule of distinction Civilians and combatants Taking a direct part in hostilities Civilian property and military targets Civilians and civilian objects protected Rule of proportionality Indiscriminate attacks Customary law Treaty law Definition of attack 2 Enemy armed forces I Good faith Who is a member of the enemy armed forces? Child fighters Perfidy and ruses of war Perfidy Ruses of war Difference between perfidy and ruses of war Tactics: ambush, sniping, sabotage Uniform Use of enemy uniform Misuse of emblems Intelligence gathering Assassination Outlawry Psychological warfare II Humanity Attacking food and water used by members of enemy armed forces Surrender Safeguard of persons hors de combat Occupants of aircraft and vehicles Quarter Unusual conditions of combat Wounded, sick and dead Prisoners of war Humane treatment Maintenance and medical treatment Searching Security Interrogation Evacuation 3 Wounded, sick and shipwrecked The Geneva emblem Objects of protection The wounded, sick, shipwrecked, dead and missing Medical units Medical personnel Protection Identification Retained personnel Use of arms Duties Medical installations and equipment Medical transports General protection Medical aircraft Medical ships and craft Neutrality law and the wounded and sick Religious personnel Hospital and safety zones 4 Military objectives Current Law The Gulf war 1991 Kosovo 1999 A reappraisal of the definition of military objectives? Afghanistan 2001 Iraq 2003 Television stations as targets Conclusions Examples of military objectives Objects protected from attack 5 Precautions in attack The Hague Regulations Destruction or damage Non-combatants Warnings Assault Bombardment Necessary steps Precautions Air Warfare Rules Greco-German Mixed Arbitral Tribunal Second World War Practice Air warfare Monte Cassino Events From 1945 to1977 Current Law Precautions in attack 'Attack' and 'feasible' Precautions 'Concrete and direct' Warning 'Unless circumstances do not permit' Sieges The Gulf war 1991 Allied bombing campaign Kosovo 1999 Air-war targeting Afghanistan 2001 Iraq 2003 Legal responsibilities in practice General principles Levels of responsibility Conclusions Guidelines: offensive operations checklist Practicalities 6 Precautions against the effects of attacks Current Law Precautions against the effects of attacks Remove civilians and civilian objects Avoid densely populated areas Protect civilians Feasible Own territory Using civilians to shield military objects or operations Failure of defenders; position of attackers Civil defence Zones Other protected objects Open or undefended towns 7 Cultural property Protected property The Hague Regulations Air Warfare Rules Roerich Pact Draft convention of 1939 Second World War practice Cultural Property Cultural Property Convention Scope of application Definition Basic protection Special protection Enhanced protection Waiver of protection Precautions in attack Precautions in defence Occupation Transports Personnel Protective emblem Supervision Enforcement Measures for compliance Sending and receiving states Discussion Cultural property and places of worship Protocol I Discussion ICC Statute Dubrovnik Iraq The definition of cultural property Conclusions 8 Environmental Protection Current Law Property protection Environmental protection ENMOD Convention Protocol I Relationship between the ENMOD Convention and Protocol I Other provisions of Protocol I Particular weapons Conventional weapons Mines and other remnants of war Nuclear weapons Incendiary weapons Chemical and biological weapons Fuel-air explosive Depleted uranium Effect on neutral states Iraq Oil pollution Nuclear facilities Diverting rivers Depleted uranium Evaluation Conclusions The future 9 Belligerent occupation I Authority over occupied territory Transition for war fighting to occupation Commencement of occupation Temporary nature of occupation Legal position of parties Human rights law Duties and rights of the occupying power Duties and rights of the population Termination of occupation Postscript on Iraq II Security issues Withdrawal of right of communication Powers relating to property Use or requisitioning of private property? Destruction of property Compulsory labour Rationing Blockade Evacuation Deportations and transfers Settlements Reprisals Hostage taking Policing, riot control; resistance Short-term detention and interrogation Trial and punishment Assigned residence and internment Conditions of internment Security barriers 10 The conduct of hostilities in internal armed conflicts Law applicable Existence of an armed conflict Types of internal armed conflict The conduct of hostilities in internal armed conflicts Enemy armed forces Civilian immunity Forced movement of civilians Military objectives and civilian objects Precautions in attack Precautions against the effects of attacks ` Cultural property Environmental protection Criminal responsibility Belligerent reprisals Internal armed conflicts, a summary of the rules 11 Command Responsibility The war crimes trials Exception for detail Assumption of legality of orders not obviously unlawful Duty to prevent crimes Duty to take steps Knowledge Ignorance of reports Cases where commander put on notice Proof of knowledge, summary Offences by persons not under command Duty/liability Evidence Staff officers Protocol I The commander's responsibility for war crimes committed by his subordinates (Protocol I, Art. 86, para. 2) Duty of commanders to deal with breaches (Protocol I, Art. 87, para. 3) Recent developments ICTY Statute ICC Statute Conclusions Military discipline and superior orders 12 Implementation and enforcement of the law of war I Implementation Practice Command influence Reciprocity Hostage taking prohibited Nuremberg principles Legal mechanisms Belligerent reprisals Training and dissemination International assistance International co-operation Fact-finding and inquiries International Committee of the Red Cross Compensation II Enforcement War crimes and grave breaches War crimes Grave breaches War crimes and internal armed conflict Criminal responsibility Individual criminal responsibility Responsibility of commanders Responsibility of states Mental element of war crimes Defences to war crimes charges Accident Duress Ignorance of law Mistake of fact Superior orders International Criminal Court III The contribution of the military lawyer Negotiator Manual Writer Instructor Legal adviser Some legal aspects of peace support operations Prosecutor Final remarks Bibliography
1 General principles Armed conflict Military necessity Humanity Rule of distinction Civilians and combatants Taking a direct part in hostilities Civilian property and military targets Civilians and civilian objects protected Rule of proportionality Indiscriminate attacks Customary law Treaty law Definition of attack 2 Enemy armed forces I Good faith Who is a member of the enemy armed forces? Child fighters Perfidy and ruses of war Perfidy Ruses of war Difference between perfidy and ruses of war Tactics: ambush, sniping, sabotage Uniform Use of enemy uniform Misuse of emblems Intelligence gathering Assassination Outlawry Psychological warfare II Humanity Attacking food and water used by members of enemy armed forces Surrender Safeguard of persons hors de combat Occupants of aircraft and vehicles Quarter Unusual conditions of combat Wounded, sick and dead Prisoners of war Humane treatment Maintenance and medical treatment Searching Security Interrogation Evacuation 3 Wounded, sick and shipwrecked The Geneva emblem Objects of protection The wounded, sick, shipwrecked, dead and missing Medical units Medical personnel Protection Identification Retained personnel Use of arms Duties Medical installations and equipment Medical transports General protection Medical aircraft Medical ships and craft Neutrality law and the wounded and sick Religious personnel Hospital and safety zones 4 Military objectives Current Law The Gulf war 1991 Kosovo 1999 A reappraisal of the definition of military objectives? Afghanistan 2001 Iraq 2003 Television stations as targets Conclusions Examples of military objectives Objects protected from attack 5 Precautions in attack The Hague Regulations Destruction or damage Non-combatants Warnings Assault Bombardment Necessary steps Precautions Air Warfare Rules Greco-German Mixed Arbitral Tribunal Second World War Practice Air warfare Monte Cassino Events From 1945 to1977 Current Law Precautions in attack 'Attack' and 'feasible' Precautions 'Concrete and direct' Warning 'Unless circumstances do not permit' Sieges The Gulf war 1991 Allied bombing campaign Kosovo 1999 Air-war targeting Afghanistan 2001 Iraq 2003 Legal responsibilities in practice General principles Levels of responsibility Conclusions Guidelines: offensive operations checklist Practicalities 6 Precautions against the effects of attacks Current Law Precautions against the effects of attacks Remove civilians and civilian objects Avoid densely populated areas Protect civilians Feasible Own territory Using civilians to shield military objects or operations Failure of defenders; position of attackers Civil defence Zones Other protected objects Open or undefended towns 7 Cultural property Protected property The Hague Regulations Air Warfare Rules Roerich Pact Draft convention of 1939 Second World War practice Cultural Property Cultural Property Convention Scope of application Definition Basic protection Special protection Enhanced protection Waiver of protection Precautions in attack Precautions in defence Occupation Transports Personnel Protective emblem Supervision Enforcement Measures for compliance Sending and receiving states Discussion Cultural property and places of worship Protocol I Discussion ICC Statute Dubrovnik Iraq The definition of cultural property Conclusions 8 Environmental Protection Current Law Property protection Environmental protection ENMOD Convention Protocol I Relationship between the ENMOD Convention and Protocol I Other provisions of Protocol I Particular weapons Conventional weapons Mines and other remnants of war Nuclear weapons Incendiary weapons Chemical and biological weapons Fuel-air explosive Depleted uranium Effect on neutral states Iraq Oil pollution Nuclear facilities Diverting rivers Depleted uranium Evaluation Conclusions The future 9 Belligerent occupation I Authority over occupied territory Transition for war fighting to occupation Commencement of occupation Temporary nature of occupation Legal position of parties Human rights law Duties and rights of the occupying power Duties and rights of the population Termination of occupation Postscript on Iraq II Security issues Withdrawal of right of communication Powers relating to property Use or requisitioning of private property? Destruction of property Compulsory labour Rationing Blockade Evacuation Deportations and transfers Settlements Reprisals Hostage taking Policing, riot control; resistance Short-term detention and interrogation Trial and punishment Assigned residence and internment Conditions of internment Security barriers 10 The conduct of hostilities in internal armed conflicts Law applicable Existence of an armed conflict Types of internal armed conflict The conduct of hostilities in internal armed conflicts Enemy armed forces Civilian immunity Forced movement of civilians Military objectives and civilian objects Precautions in attack Precautions against the effects of attacks ` Cultural property Environmental protection Criminal responsibility Belligerent reprisals Internal armed conflicts, a summary of the rules 11 Command Responsibility The war crimes trials Exception for detail Assumption of legality of orders not obviously unlawful Duty to prevent crimes Duty to take steps Knowledge Ignorance of reports Cases where commander put on notice Proof of knowledge, summary Offences by persons not under command Duty/liability Evidence Staff officers Protocol I The commander's responsibility for war crimes committed by his subordinates (Protocol I, Art. 86, para. 2) Duty of commanders to deal with breaches (Protocol I, Art. 87, para. 3) Recent developments ICTY Statute ICC Statute Conclusions Military discipline and superior orders 12 Implementation and enforcement of the law of war I Implementation Practice Command influence Reciprocity Hostage taking prohibited Nuremberg principles Legal mechanisms Belligerent reprisals Training and dissemination International assistance International co-operation Fact-finding and inquiries International Committee of the Red Cross Compensation II Enforcement War crimes and grave breaches War crimes Grave breaches War crimes and internal armed conflict Criminal responsibility Individual criminal responsibility Responsibility of commanders Responsibility of states Mental element of war crimes Defences to war crimes charges Accident Duress Ignorance of law Mistake of fact Superior orders International Criminal Court III The contribution of the military lawyer Negotiator Manual Writer Instructor Legal adviser Some legal aspects of peace support operations Prosecutor Final remarks Bibliography
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