Hague Law Interpreted: The Conduct of Hostilities under the Law of Armed Conflict

International Law

Hague Law Interpreted: The Conduct of Hostilities under the Law of Armed Conflict

Edited by Stuart Casey-Maslen · Steven Haines
Hart Publishing January 2021

Specifications

ISBN-13
9781509943982
Publisher
Hart Publishing
Publication
January 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Given the centrality of Hague Law to the lawful prosecution of warfare, the relative paucity of dedicated works is surprising. The general formulation of Hague Law rules is largely uncontroversial, but this clarity stands in stark contrast to their interpretation and practical application. How precisely, for instance, the fundamental rules of distinction and proportionality in attack are to dictate and constrain the planning and practice of warfare continues to be highly uncertain. This important new publication fills the gap in the literature. Offering a comprehensive assessment of Hague Law, it explores questions of definitions and accountability and navigates the substantive rules and their application to different types of warfare.

Table of Contents

1. An Overview of the Normative Framework of Jus in Bello
2. Defining an Armed Conflict
3. Identifying Situations of Hostilities
4. Th e Rule of Distinction in Attack: Objects
5. Th e Rule of Distinction in Attack: Persons
6. Th e Rule of Proportionality in Attack
7. Th e Rule of Precautions in Attack
8. Th e Superfluous Injury Rule
9. Warfare on Land
10. Aerial Warfare
11. Naval Warfare
12. Armed Conflict in Space
13. Cyberwarfare
14. Terrorism and the Law of Armed Conflict
15. Promoting Respect for Hague Law
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