The Laws of War A Comprehensive Collection of Primary Documents on International Laws Governing Armed Conflict

by REISMAN, W. MICHAEL

• ISBN13: 9780679737124
• ISBN10: 067973712X
• Edition: 1st
• Format: Paperback
• Copyright: 1994-06-28
• Publisher: Vintage

Summary

From the Nuremberg trials to the grisly campaign of "ethnic cleansing" in today's Bosnia, the world recognizes that certain actions are morally and legally unacceptable even in the midst of war. This book features extensive excerpts from treaties and charters that define the proper treatment of civilians, detainees, and POWs during wartime.

Table of Contents

A Note Regarding Documents
Introduction
Resorting to Military Force	p. 3
The Covenant of the League of Nations	p. 3
The Kellogg-Briand Pact	p. 4
Charter of the United Nations	p. 5
Definition of Aggression	p. 9
General Assembly Definition of Aggression	p. 10
Nicaragua v. United States of America	p. 12
Portugal v. Germany (The Naulilaa Case)	p. 23
Portugal v. Germany (The Cysne)	p. 25
Some Other Exceptions to the Prescription Against Use of Force	p. 28
Decolonization	p. 28
Brezhnev and Reagan Doctrines	p. 30
The United States' Perspective	p. 30
Using Force	p. 35
The Declaration of St. Petersburg	p. 35
The Law of Land Warfare	p. 36
The Duty to Instruct Soldiers in the Law of War	p. 38
Hague Convention (IV) Respecting the Laws and Customs of War on Land	p. 38
Geneva Convention Relative to the Treatment of Prisoners of War (Geneva III)	p. 39
Duty of Notification	p. 40
Hague Convention (III) Relative to the Opening of Hostilities	p. 40
Qualifying Belligerents	p. 41
Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention	p. 41
Protocol I Additional to the Geneva Conventions of 1949	p. 43
Basic Rules Governing Warfare	p. 47
Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention	p. 47
The Declaration of St. Petersburg	p. 48
Hague Declaration (IV, 3) Concerning Expanding Bullets	p. 49
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects	p. 49
Protocol on Non-Detectable Fragments (Protocol I)	p. 50
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II)	p. 50
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III)	p. 54
Hague Convention (VIII) Relative to the Laying of Automatic Submarine Contact Mines	p. 56
Hague Rules of Aerial Warfare	p. 57
Prohibitions on Use of Chemical and Biological Weapons	p. 57
Hague Declaration (IV, 2) Concerning Asphyxiating Gases	p. 57
Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare	p. 57
Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction	p. 58
Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction	p. 60
Prohibition on Use of Nuclear Weapons	p. 66
Declaration on the Prohibition of the Use of Nuclear and Thermo-Nuclear Weapons	p. 66
Non-Use of Force in International Relations and Permanent Prohibition of the Use of Nuclear Weapons	p. 67
"Environmental" Warfare	p. 68
Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques	p. 68
Protocol I Additional to the Geneva Conventions, 1977	p. 69
Protection of the Environment in Times of Armed Conflict	p. 71
Prescriptions Concerning Civilian and Merchant Sea and Air Vessels	p. 73
Hague Convention (VI) Relative to the Status of Enemy Merchant Ships at the Outbreak of Hostilities	p. 73
Hague Convention (VII) Relative to the Conversion of Merchant Ships into War Ships	p. 75
Hague Convention (XI) on Restrictions with Regard to Right of Capture in Naval War	p. 76
Proces-Verbal Relating to the Rules of Submarine Warfare Set Forth in Part IV of the London Naval Treaty of 1930	p. 77
Hague Rules of Aerial Warfare	p. 78
Protection of Civilians; Rules About Bombardment	p. 80
Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention	p. 81
Hague Convention (IX) Concerning Bombardment by Naval Forces in Time of War	p. 81
Hague Rules of Aerial Warfare	p. 83
Genocide and Protection of Civilians	p. 84
Convention on the Prevention and Punishment of the Crime of Genocide	p. 84
Protocol I Additional to the Geneva Conventions of 1949	p. 87
Prohibitions on Use of Force Against Cultural and Other Protected Property	p. 94
Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention	p. 94
Hague Convention (IX) Concerning Bombardment by Naval Forces in Time of War	p. 94
Hague Rules of Aerial Warfare 1922/23	p. 95
Convention for the Protection of Cultural Property in the Event of Armed Conflict	p. 97
Protocol I Additional to the Geneva Conventions of 1949	p. 105
Text of Vietnam Rules of Engagement	p. 106
Rules of Engagement	p. 128
Cessation of Hostilities	p. 130
Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention	p. 130
Neutrality	p. 133
Hague Convention (V) Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land	p. 134
Rights and Duties of Neutral Powers in Naval War	p. 137
Convention on Contact Mines 1907	p. 141
Hague Rules of Aerial Warfare	p. 141
Maritime Neutrality (Inter-American)	p. 143
Prisoners of War	p. 149
Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention	p. 150
Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea	p. 153
Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field	p. 168
Geneva Convention (III) Relative to the Treatment of Prisoners of War	p. 179
United States of America v. Manuel Antonio Noriega	p. 220
Belligerent Occupation	p. 231
Hague Convention (IV) Respecting the Laws and Customs of War on Land, Annex to the Convention	p. 232
Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War	p. 233
Al Affo and the Association for Civil Rights in Israel v. Commander of the Israel Defense Forces in the West Bank	p. 283
Terrorism	p. 293
Aviation: Offences and Certain Other Acts Committed on Board Aircraft	p. 294
Suppression of Unlawful Seizure of Aircraft (Hijacking)	p. 294
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation	p. 296
International Terrorism	p. 299
Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents	p. 299
International Convention Against the Taking of Hostages	p. 300
Resolution Adopted by the United Nations General Assembly to Prevent International Terrorism	p. 303
Resolution Adopted by the United Nations Security Council Condemning Hostage-Taking and Abduction	p. 304
Texts of the Statements Adopted by Leaders of Seven Industrial Democracies [At the Tokyo Summit Meeting, Concerning Terrorism]	p. 304
Convention on the Marking of Plastic Explosives for the Purpose of Detection	p. 306
Tel-Oren v. Libyan Arab Republic	p. 310
Diplomatic Security and Antiterrorism Act of 1986	p. 315
War Crimes	p. 317
Agreement By the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis	p. 318
Judicial Decisions	p. 323
International Military Tribunal (Nuremberg), Judgment and Sentences - October 1, 1946	p. 323
International Military Tribunal (Nuremberg), Judgment and Sentences - September 30, 1946	p. 333
Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and Judgment of the Tribunal	p. 335
International Military Tribunal for the Far East	p. 337
Judgment of the International Military Tribunal for the Far East: Findings on Counts of the Indictment	p. 337
Yamashita v. Styer	p. 343
Trial of Lieutenant General Kurt Maelzer	p. 351
The Attorney-General of the Government of Israel v. Eichmann	p. 352
The Law of Land Warfare	p. 356
United States v. Staff Sergeant Walter Griffen	p. 357
United States v. William L. Calley, Jr.	p. 362
Draft Articles on State Responsibility	p. 371
Article 19	p. 371
The Commission of Inquiry into the Events at the Refugee Camps in Beirut	p. 373
Prosecution and Punishment	p. 385
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)	p. 385
Investigation of Alleged War Crimes in the Former Yugoslavia	p. 386
Interim Report of the Commission of Experts	p. 387
Statute of the International Tribunal	p. 393
Chart of Multilateral Treaties	p. 406
Index	p. 433
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