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The Oxford Handbook of International Law in Armed Conflict

The Oxford Handbook of International Law in Armed Conflict

Name: The Oxford Handbook of International Law in Armed Conflict
Brand: Oxford University Press
SKU: 9780198748304
Price: 624.07 HKD
Availability: InStock
Author: Andrew Clapham; Paola Gaeta
ISBN: 9780198748304

Edited by Andrew Clapham · Paola Gaeta

Oxford University Press June 2015

Specifications

ISBN-13: 9780198748304
Publisher: Oxford University Press
Publication: June 2015
Format: Paperback , 1008 pages
Jurisdiction: Indonesia ? Countri(es) for reference only

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Details

Provides an authoritative overview of key topics related to the application of international law in armed conflict
Examines different branches of international law, including humanitarian law, human rights law, refugee law, and the law of neutrality
Features essays by leading scholars and practitioners with an emphasis on understanding key concepts and analysing emerging problems related to terrorism, new types of weapons, international criminal law, and the interaction between humanitarian law and human rights law

Which human rights violations or war crimes allegations result in exclusion from the refugee regime? What human rights protections apply to someone declared an unlawful combatant? Which human rights obligations apply to the actions of armed forces acting abroad? Over the past ten years the content and application of international law in armed conflict has changed dramatically. An authoritiative and comprehensive study of the role of international law in armed conflicts, this Oxford Handbook 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, this book has a global, multi-disciplinary perspective on the place of law in war.

The Handbook consists of 35 Chapters in seven parts. Part A provides the historical background and sets out some of the contemporary challenges. Part B considers the relevant sources of international law. Part C describes the different legal regimes: land warfare, air war fare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part D introduces crucial concepts in international humanitarian law: weapons and the concepts of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, and internal armed conflict. Part E looks at fundamental rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, the human rights of the members of the armed forces, and the protection of children. Part F covers important issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, refugee law, and the issues of gender in times of armed conflict. Part G deals with accountability issues including those related to private security companies and armed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice.

Readership: Scholars and students of international humanitarian law, human rights law, and war studies; NGO and government legal advisors working in these areas

Preface
A. Introduction
1: P. Haggenmacher: The Law of War: An Historical Perspective
2: A. Cassese: Current Challenges to International Humanitarian Law
3: J. Kellenberger: The Role of the International Committee of the Red Cross
B. Sources
4: T. Meron: Customary Humanitarian Law Today: From the Academy to the Court Room
5: R. Kolb & K. Del Mar: Treaties in Armed Conflict
C. Legal Regimes
6: Y. Sandoz: Land Warfare
7: M. Schmitt: Air Warfare
8: W.H. Von Heinegg: Maritime Warfare
9: P. Spoerri: Law of Occupation
10: D. Fleck: The Law Applicable to Peace Operations
11: P. Seger: The Law of Neutrality
D. Key Concepts for Humanitarian Law
12: S. Haines: Prohibited Weapons and the Issue of Superfluous Injury and Unnecessary Suffering
13: N. Melzer: The Principle of Distinction between Civilians and Combatants
14: E. Cannizzaro: Proportionality
15: P. Gaeta: Genocide and other Crimes Against Humanity in Armed Conflict
16: G. Abi-Saab: Grave Breaches of the Geneva Conventions and other War Crimes
17: E. David: Internal (non-international) Armed Conflicts
E. Key Rights in Times of Armed Conflict
18: W. Schabas: The Right to Life
19: M. Nowak: Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
20: D. Weissbrodt: Fair Trial
21: E. Riedel: Economy Social and Cultural Rights
22: J.M. Henckaerts: Protection of the Environment
23: R. O Keefe: Protection of Cultural Property
24: P. Rowe: Human Rights of Members of the Armed Forces
F. Key Issues in Times of Armed Conflict
25: G. Distefano: Aggression, Self-Defence and the Legitimate Use for Force
26: A. Bianchi & Y. Naqvi: Terrorism
27: K. Dörmann: Unlawful Combatants
28: D. Jinks: The Applicability of Human Rights Law in Times of Armed Conflict
29: V. Chetail: Refugee Law and the Rights of the Displaced in Times of Armed Conflict
30: C. Chinkin: Gender and Armed Conflict
31: J. Cockayne: Private Military and Security Companies
G. Answering for violations of the Law
32: A. Clapham: The Accountability of Armed Groups
33: C. Tomuschat: State responsibility and the Individual Right to Compensation before National Courts
34: N. Michel: Transitional Justice
Conclusion

About the Author

Edited by Andrew Clapham, Professor of Public International Law, Graduate Institute of International Studies, Geneva, and Director of the Geneva Academy of International Humanitarian Law and Human Rights, and Paola Gaeta, Director of the Geneva Academy of International Humanitarian Law and Human Rights

Andrew Clapham is Professor of Public International Law at the Graduate Institute of International Studies, Geneva. Before he joined the Graduate Institute of International Studies Institute in 1997, he was the Representative of Amnesty International to the United Nations in New York. His current research relates to the role of non-state actors in international law and related questions in human rights and humanitarian law. Andrew Clapham is the Director of the Geneva Academy of International Humanitarian Law and Human Rights. His publications include Human Rights: A Very Short Introduction (2007), Human Rights Obligations of Non-State Actors (2006), and International Human Rights Lexicon (2005), with Susan Marks.

Paola Gaeta (PhD in Law, European University Institute, 1997) was Assistant Professor (1998), Associate Professor (2001) and then Tenured Professor (2001-2010) of Public International Law at the University of Florence. She is currently Tenured Professor of International Criminal Law at the Law Faculty of the University of Geneva and Adjunct Professor of International Criminal Law at the Graduate Institute for International and Development Studies. Since 2007, she is Director of the LL.M. Programme in International Humanitarian Law of the Geneva Academy of International Humanitarian Law and Human Rights and since 2011 Director of the Academy itself. She is a Member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of the European Journal of International Law. Her publications include The UN Genocide Convention: A Commentary (ed.), (2009).

Contributors:
G. Abi-Saab - The Graduate Institute, Geneva
A. Bianchi - The Graduate Institute, Geneva
E. Cannizzaro - University of Roma "La Sapienza"
The Late A. Cassese - University of Florence
V. Chetail - Research Director, Geneva Academy of International Humanitarian Law and Human Rights
C. Chinkin - London School of Economics and Political Science
A. Clapham - Director of the Geneva Academy of International Humanitarian Law and Human Rights
J. Cockayne - Centre on Global Counterterroism Cooperation, Washington DC
E. David - Université libre de Bruxelles
K. Del Mar - Lauterpacht Centre for International Law, University of Cambridge
G. Distefano - University of Neuchâtel
K. Dörmann - International Committee of the Red Cross
D. Fleck - Formerly Director, International Agreements and Policy, Federal Ministry of Defence, Bonn
P. Gaeta - Director of the LL.M. Programme in International Humanitarian Law of the Geneva Academy of International Humanitarian Law and Human Rights
P. Haggenmacher - The Graduate Institute, Geneva
S. Haines - Geneva Centre for Security Policy
J.M. Henckaerts - International Committee of the Red Cross
D. Jinks - The University of Texas at Austin
J. Kellenberger - International Committee of the Red Cross
R. Kolb - University of Geneva
N. Melzer - International Committee of the Red Cross
T. Meron - Judge, Appeals Chamber, International Criminal Tribunal for the former Yugoslavia
N. Michel - The Graduate Institute, Geneva
Y. Naqvi - International Criminal Tribunal for the former Yugoslavia
M. Nowak - University of Vienna
R. O'Keefe - Lauterpacht Centre for International Law, University of Cambridge
E. Riedel - The Graduate Institute, Geneva
P. Rowe - Lancaster University
Y. Sandoz - International Committee of the Red Cross
W. Schabas - Middlesex University
M. Schmitt - United States Naval War College
P. Seger - Federal Department for Foreign Affairs, Switzerland
P. Spoerri - International Committee of the Red Cross
C. Tomuschat - Humboldt University Berlin
W.H. Von Heinegg - European University, Frankfurt
D. Weissbrodt - University of Minnesota