The Oxford Handbook of International Law in Armed Conflict

by Clapham, Andrew; Gaeta, Paola

• ISBN13: 9780199559695
• ISBN10: 0199559694
• Format: Hardcover
• Copyright: 2014-05-13
• Publisher: Oxford University Press

Summary

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 OxfordHandbook 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 theplace 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 superfluousinjury 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 andarmed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice.

Author Biography

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).

Table of Contents

Preface

Introduction

The Law of War: An Historical Perspective

Current Challenges to International Humanitarian Law

The Role of the International Committee of the Red Cross

Sources

Customary Humanitarian Law Today: From the Academy to the Court Room

Treaties in Armed Conflict

Legal Regimes

Land Warfare

Air Warfare

Maritime Warfare

Law of Occupation

The Law Applicable to Peace Operations

The Law of Neutrality

Key Concepts for Humanitarian Law

Prohibited Weapons and the Issue of Superfluous Injury and Unnecessary Suffering

The Principle of Distinction between Civilians and Combatants

Proportionality

Genocide and other Crimes Against Humanity in Armed Conflict

Grave Breaches of the Geneva Conventions and other War Crimes

Internal (non-international) Armed Conflicts

Key Rights in Times of Armed Conflict

The Right to Life

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Fair Trial

Economy Social and Cultural Rights

Protection of the Environment

Protection of Cultural Property

Human Rights of Members of the Armed Forces

Key Issues in Times of Armed Conflict

Aggression, Self-Defence and the Legitimate Use for Force

Terrorism

Unlawful Combatants

The Applicability of Human Rights Law in Times of Armed Conflict

Refugee Law and the Rights of the Displaced in Times of Armed Conflict

Gender and Armed Conflict

Private Military and Security Companies

Answering for violations of the Law

The Accountability of Armed Groups

State responsibility and the Individual Right to Compensation before National Courts

Transitional Justice

Conclusion

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