The Oxford Handbook of International Law in Armed Conflict

ISBN : 9780198748304

Andrew Clapham; Paola Gaeta
1008 ページ
170 x 244 mm
Oxford Handbooks in Law

Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.


Preface I. Introduction 1: A. Cassese: Current Challenges to International Humanitarian Law 2: J. Kellenberger: The Role of the International Committee of the Red Cross II. Sources 3: T. Meron: Customary Humanitarian Law Today: From the Academy to the Court Room 4: R. Kolb & K. Del Mar: Treaties for Armed Conflict III. Legal Regimes 5: Y. Sandoz: Land Warfare 6: M. Schmitt: Air Warfare 7: W.H. von Heinegg: Maritime Warfare 8: P. Spoerri: The Law of Occupation 9: D. Fleck: The Law Applicable to Peace Operations 10: P. Seger: The Law of Neutrality IV. Key Concepts for Humanitarian Law 11: S. Haines: The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack 12: N. Melzer: The Principle of Distinction Between Civilians and Combatants 13: E. Cannizzaro: Proportionality in the Law of Armed Conflict 14: E. David: Internal (Non-International) Armed Conflict V. Key Rights in Times of Armed Conflict 15: W.A. Schabas: The Right to Life 16: M. Nowak: Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment 17: D. Weissbrodt: International Fair Trial Guarantees 18: E. Riedel: Economic, Social, and Cultural Rights in Armed Conflict 19: J.M. Henckaerts & D. Constantin: Protection of the Natural Environment 20: R. O'Keefe: Protection of Cultural Property 21: P. Rowe: Members of the Armed Forces and Human Rights Law VI. Key Issues in Times of Armed Conflict 22: G. Distefano: Use for Force 23: A. Bianchi & Y. Naqvi: Terrorism 24: K. Dormann: Unlawful Combatants 25: J. Cockayne: Private Military and Security Companies 26: D. Jinks: International Human Rights Law in Time of Armed Conflict 27: C. Chinkin: Gender and Armed Conflict 28: V. Chetail: Armed Conflict and Forced Migration: A Systematic Approach to International Humanitarian Law, Refugee Law, and Human Rights Law VII. Accountability/Liability for Violations of the Law in Armed Conflict 29: P. Gaeta: War Crimes and Other International 'Core' Crimes 30: A. Clapham: Focusing on Armed Non-State Actors 31: C. Tomuschat: State Responsibility and the Individual Right to Compensation Before National Courts 32: N. Michel & K. Del Mar: Transitional Justice


Andrew Clapham is Professor of Public International Law at the Graduate Institute of International Studies, Geneva, and Director of the Geneva Academy of International Humanitarian Law and Human Rights.; Paola Gaeta is Professor of International Criminal Law at the University of Geneva, Adjunct Professor at the Graduate Institute of International Studies, and Director of the Geneva Academy of International Humanitarian Law and Human Rights.