Contemporary Challenges to the Laws of War: Essays in Honour of Professor Peter Rowe

International Law

Contemporary Challenges to the Laws of War: Essays in Honour of Professor Peter Rowe

Edited by Caroline Harvey · James Summers · Nigel D. White
Cambridge University Press November 2016

Specifications

ISBN-13
9781107685741
Publisher
Cambridge University Press
Publication
November 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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The laws of war are facing new challenges from emerging technologies and changing methods of warfare, as well as the growth of human rights and international criminal law.

International mechanisms of accountability have increased and international criminal law has greater relevance in the calculations of political and military leaders, yet perpetrators often remain at large and the laws of war raise numerous normative, structural and systemic issues and problems.

This edited collection brings together leading academic, military and professional experts to examine the key issues for the continuing role and relevance of the laws of war in the twenty-first century.

Marking Professor Peter Rowe's contribution to the subject, this book re-examines the purposes of the laws of war and asks whether existing laws found in treaties and customs work to achieve these purposes and, if not, whether they can they be fixed by specific reforms or wholesale revision.

Table of Contents

Foreword Christopher Greenwood
Preface Caroline Harvey, James Summers and Nigel D. White
1. Introduction James Summers
2. Army legal services and academia A. P. V. Rogers and Gordon Risius

Part I. Structural and systemic aspects of the Laws of War:
3. Development of new rules or application of more than one legal regime? Dieter Fleck
4. It's a bird! It's a plane! It's a non-international armed conflict: cross border hostilities between states and non-state actors Lindsay Moir
5. Security Council mandates and the use of lethal force by peacekeepers: what place for the laws of war? Nigel D. White
6. The relationship of international humanitarian law and war crimes: international criminal tribunals and their statutes Robert Cryer

Part II. Effective Protection?:
7. The future of Article 5 tribunals in the light of experiences in the Iraq war, 2003 Nicholas Mercer
8. Direct participation and the principle of distinction: squaring the circle Charles Garraway
9. Droning on: some international humanitarian law aspects of the use of unmanned aerial vehicles in contemporary armed conflicts David Turns
10. Does the law of targeting meet twenty-first-century needs? William Boothby
11. Protecting civilians from the effects of explosive weapons in International Humanitarian Law Maya Brehm
12. The International Committee of the Red Cross and the initiative to strengthen legal protection for victims of armed conflicts Michael Meyer

Part III. Responsibility and Accountability:
13. Corporate criminal responsibility for war crimes and other violations of International Humanitarian Law: the impact of the business and human rights movement Alex Batesmith
14. The trial of prisoners of war by military courts in modern armed conflicts Peter Rowe
15. The right to conduct one's own defence before the ICTY and a fair and expeditious trial: an impossible balancing act Caroline Harvey.
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