The Law of Armed Conflict: International Humanitarian Law in WarNewly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? This book takes students through these LOACIHL questions and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied. |
Contents
Rules of War Laws of War | 3 |
Law of Armed Conflicts Core Principles | 7 |
Codes Conventions Declarations and Regulations | 42 |
Red Cross | 52 |
Two World Wars and Their Law of Armed Conflict Results | 79 |
of Military Justice | 93 |
Protocols and Politics | 128 |
Conflict Status | 159 |
Autonomous Weapons Drones and Targeted Killing | 535 |
Human Targeting and CrossBorder Counterattacks | 569 |
Function | 584 |
Cases and Materials | 604 |
Torture | 615 |
Misconduct | 635 |
Cases and Materials | 655 |
Cyber Warfare | 673 |
Article 2 and Back | 165 |
Cases and Materials | 182 |
Nicaragua | 191 |
Individual Battlefield Status | 200 |
Cases and Materials | 255 |
or Use of Nuclear Weapons | 314 |
Kupreškić and Others | 322 |
What Is a War Crime? | 328 |
Obedience to Orders the First Defense | 373 |
Command Responsibility and Respondeat Superior | 417 |
11 | 457 |
Trial of Otto Skorzeny and Others | 470 |
Cases and Materials | 498 |
Targeting Objects | 505 |
by Their Location | 511 |
Attacks on Cultural Property | 710 |
The 1980 Certain Conventional Weapons Convention | 732 |
262 | 753 |
Gas Biological and Chemical Weapons Treaties | 757 |
Cases and Materials | 775 |
Military Commissions | 783 |
268 | 787 |
Guantánamo Arraignment You Had to Be There Or Not? | 812 |
| 843 | |
| 868 | |
| 874 | |
| 883 | |
| 885 | |
| 887 | |
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Common terms and phrases
1949 Geneva Conventions 1977 Additional Protocol accused acts Afghanistan AJIL apply armed forces Article 2 conflict attack battlefield belligerent bombing captured charged commander Commentary committed common Article conduct Court court-martial customary international law customary law defense detainees Dinstein enemy combatant fighters fighting German grave breaches Hague Regulation hostilities ICRC ICTY illegal individual insurgents Int’l Rev international armed conflict International Criminal International Criminal Court International Humanitarian Law Iraq issue jurisdiction jus in bello Justice killed Land Warfare Law of Armed levée en masse Lieber Code LOAC LOAC/IHL military commission military necessity noncombatants noninternational armed conflict Nuremberg officer operations Osirak Oxford party POW status principle prisoners prohibited prosecution Prosecutor provisions Qaeda ratified Red Cross requirement responsibility rules soldiers subordinates superior orders supra Tadić Taliban target territory terrorism terrorist treaties Trial Chamber U.S. Army United University Press unlawful combatants unprivileged belligerents violation weapons World wounded