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Belligerent Reprisals from Enforcement to Reciprocity: A New Theory of Retaliation in Conflict

Belligerent Reprisals from Enforcement to Reciprocity: A New Theory of Retaliation in Conflict

Author: Francesco Romani
Publisher: Cambridge University Press
ISBN: 9781108831840
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book challenges the traditional understanding of belligerent reprisals as a mechanism aimed at enforcing the laws of armed conflict. By re-instating reciprocity at the core of belligerent reprisals, it construes them as tools designed to re-calibrate the legal relationship between parties to armed conflict and pursue the belligerents' equality of rights and obligations in both a formal and a substantive sense. It combines an inquiry into the conceptual issues surrounding the notion of belligerent reprisals, with an analysis of State and international practice on their purpose and function. Encompassing international and non-international armed conflicts, it provides a first comprehensive account of the role of reprisals in governing legal interaction during wartime, and offers new grounds to address questions on their applicability, lawfulness, regulation, and desirability.

Explores the purposes and function of belligerent reprisals, to better inform policy choices and reforms in the use, regulation or prohibition of the mechanism
Provides an up-to-date depiction of the national and international practice on belligerent reprisals
Suggests new methodologies and answers to resolve long-standing questions on the applicability and features of belligerent reprisals in non-international armed conflicts

Introduction

1. Reciprocity and countermeasures: competing paradigms to understand belligerent reprisals

2. The development of belligerent reprisals as an enforcement tool

3. The resilience of the reciprocity paradigm

4. Belligerent reprisals in International armed conflict: a case-study in chemical attacks and the 'war of the cities' during the Iran-Iraq war (1980–1988)

5. Belligerent reprisals in Non-international armed conflict: conceptual issues

6. Belligerent reprisals in Non-International armed conflict: a quest for equilibrium

Conclusion: the implications of the new formalization of belligerent reprisals

Appendix

Bibliography

Index.