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The Oxford Handbook of International Law in Armed Conflict / Andrew Clapham, and Paola Gaeta

Contributor(s): Material type: TextTextPublication details: New York, USA Oxford University Press 2014Edition: First ed., Paperback 2015Description: lxxxiv, 909p. : ill. ; 24cmISBN:
  • 9780198748304
  • 978019559695
Subject(s): DDC classification:
  • 23rd 341.6 CLA
Online resources:
Contents:
Table of Contents : Preface I. Introduction 1:Current Challenges to International Humanitarian Law, A. Cassese 2:The Role of the International Committee of the Red Cross, J. Kellenberger II. Sources 3:Customary Humanitarian Law Today: From the Academy to the Court Room, T. Meron 4:Treaties for Armed Conflict, R. Kolb & K. Del Mar III. Legal Regimes 5:Land Warfare, Y. Sandoz 6:Air Warfare, M. Schmitt 7:Maritime Warfare, W.H. von Heinegg 8:The Law of Occupation, P. Spoerri 9:The Law Applicable to Peace Operations, D. Fleck 10:The Law of Neutrality, P. Seger IV. Key Concepts for Humanitarian Law 11:The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack, S. Haines 12:The Principle of Distinction Between Civilians and Combatants, N. Melzer 13:Proportionality in the Law of Armed Conflict, E. Cannizzaro 14:Internal (Non-International) Armed Conflict, E. David V. Key Rights in Times of Armed Conflict 15:The Right to Life, W.A. Schabas 16:Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, M. Nowak 17:International Fair Trial Guarantees, D. Weissbrodt 18:Economic, Social, and Cultural Rights in Armed Conflict, E. Riedel 19:Protection of the Natural Environment, J.M. Henckaerts & D. Constantin 20:Protection of Cultural Property, R. O'Keefe 21:Members of the Armed Forces and Human Rights Law, P. Rowe VI. Key Issues in Times of Armed Conflict 22:Use for Force, G. Distefano 23:Terrorism, A. Bianchi & Y. Naqvi 24:Unlawful Combatants, K. Dörmann 25:Private Military and Security Companies, J. Cockayne 26:International Human Rights Law in Time of Armed Conflict, D. Jinks 27:Gender and Armed Conflict, C. Chinkin 28:Armed Conflict and Forced Migration: A Systematic Approach to International Humanitarian Law, Refugee Law, and Human Rights Law, V. Chetail VII. Accountability/Liability for Violations of the Law in Armed Conflict 29:War Crimes and Other International 'Core' Crimes, P. Gaeta 30:Focusing on Armed Non-State Actors, A. Clapham 31:State Responsibility and the Individual Right to Compensation Before National Courts, C. Tomuschat 32:Transitional Justice, N. Michel & K. Del Mar
Awards:
  • Reviews and Awards : "The book is also quite a fresh approach in an increasingly crowded market. The high rate of new publications on international humanitarian law and its associated topics continues, so it is important that entrants have something different to offer. The distinguishing features of this book are its multi-dimensional approach, the calibre of its contributors, and their willingness to offer no-holds-barred opinions on controversial topics. These features comfortably imbue the book with the requisite value-add... If this book were read cover to cover, the reader would be left with a comprehensive survey of the most important legal issues in the context of modern armed conflicts. It is therefore recommended to those who are seeking this advanced understanding from a multidimensional, critical perspective." - Damien van der Toorn, Australian Year Book of International Law "...this handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts." - William St-Michel, International Journal of Criminal Justice "The stated purpose of the Handbook is 'to provide grounding for those who would like to go further with their understanding of the law applicable in armed conflict.' The Handbook fulfils this purpose amply. Not only does it provide a comprehensive introduction to the law applicable in armed conflict, it also offers ample food for thought on the structure of the international legal system and the character of international legal obligations." - Naomi Burke, The British Yearbook of International Law "One remarkable feature of The Handbook is its exhaustiveness: it provides a comprehensive overview of the multiple rules and rights that come into play during an armed conflict. Furthermore, it clearly stems from the sum of the essays that the legal framework applicable to an armed conflict is not single-fold, but multifaceted. This handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts." - William St-Michel, Journal of International Criminal Justice
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Holdings
Item type Current library Call number Copy number Status Notes Date due Barcode
Reference Book VIT AP School of Law LAW Section 341.6 CLA (Browse shelf(Opens below)) LA02126 Not for loan LAW 020978

It includes Table of Cases, Table of Agreements, List of Abbreviations, Notes on the Contributors and Index pages.

Table of Contents :
Preface
I. Introduction
1:Current Challenges to International Humanitarian Law, A. Cassese
2:The Role of the International Committee of the Red Cross, J. Kellenberger
II. Sources
3:Customary Humanitarian Law Today: From the Academy to the Court Room, T. Meron
4:Treaties for Armed Conflict, R. Kolb & K. Del Mar
III. Legal Regimes
5:Land Warfare, Y. Sandoz
6:Air Warfare, M. Schmitt
7:Maritime Warfare, W.H. von Heinegg
8:The Law of Occupation, P. Spoerri
9:The Law Applicable to Peace Operations, D. Fleck
10:The Law of Neutrality, P. Seger
IV. Key Concepts for Humanitarian Law
11:The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack, S. Haines
12:The Principle of Distinction Between Civilians and Combatants, N. Melzer
13:Proportionality in the Law of Armed Conflict, E. Cannizzaro
14:Internal (Non-International) Armed Conflict, E. David
V. Key Rights in Times of Armed Conflict
15:The Right to Life, W.A. Schabas
16:Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, M. Nowak
17:International Fair Trial Guarantees, D. Weissbrodt
18:Economic, Social, and Cultural Rights in Armed Conflict, E. Riedel
19:Protection of the Natural Environment, J.M. Henckaerts & D. Constantin
20:Protection of Cultural Property, R. O'Keefe
21:Members of the Armed Forces and Human Rights Law, P. Rowe
VI. Key Issues in Times of Armed Conflict
22:Use for Force, G. Distefano
23:Terrorism, A. Bianchi & Y. Naqvi
24:Unlawful Combatants, K. Dörmann
25:Private Military and Security Companies, J. Cockayne
26:International Human Rights Law in Time of Armed Conflict, D. Jinks
27:Gender and Armed Conflict, C. Chinkin
28:Armed Conflict and Forced Migration: A Systematic Approach to International Humanitarian Law, Refugee Law, and Human Rights Law, V. Chetail
VII. Accountability/Liability for Violations of the Law in Armed Conflict
29:War Crimes and Other International 'Core' Crimes, P. Gaeta
30:Focusing on Armed Non-State Actors, A. Clapham
31:State Responsibility and the Individual Right to Compensation Before National Courts, C. Tomuschat
32:Transitional Justice, N. Michel & K. Del Mar

Overview:
The Oxford Handbook of International Law in Armed Conflict
Edited by Andrew Clapham and Paola Gaeta
Tom Haeck and Alice Priddy
Oxford Handbooks

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.

Description:
Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and 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, the Handbook has a global, multi-disciplinary perspective on the place of law in war.

The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.

Author Information

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, Geneva Academy of International Humanitarian Law and Human Rights

Tom Haeck, European Society of International Law, and Alice Priddy, Researcher, 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, and Director of the Geneva Academy of International Humanitarian Law and Human Rights.

Paola Gaeta is Professor of International Criminal Law at the University of Geneva, Adjunct Professor at the Graduate Institute of International Studies, and Director of the Geneva Academy of International Humanitarian Law and Human Rights.

Contributors:

A. Bianchi - The Graduate Institute, Geneva
E. Cannizzaro - University of Rome La Sapienza
(The late) A. Cassese - University of Florence
V. Chetail - Graduate Institute of International Development Studies, Geneva
C. Chinkin - London School of Economics
A. Clapham - Geneva Academy of International Humanitarian Law and Human Rights
J. Cockayne - United Nations University, New York
D. Constantin - Higher Regional Court of Hamburg
E. David - Brussels Free University (ULB)
K. Del Mar - 4 New Square, London
G. Distefano - University of Neuchâtel
K. Dörmann - International Committee of the Red Cross
D. Fleck - Federal Ministry of Defence, Germany (Ret'd)
P. Gaeta - Geneva Academy of International Humanitarian Law and Human Rights
T. Haeck - European Society of International Law
S. Haines - University of Greenwich, London
W.H. von Heinegg - European University Viadrina, Frankfurt
J.M. Henckaerts - International Committee of the Red Cross
D. Jinks - The University of Texas at Austin
J. Kellenberger - Federal Institute of Technology (ETH), Zurich
R. Kolb - University of Geneva
N. Melzer - Geneva Academy of International Humanitarian Law and Human Rights
T. Meron - International Criminal Tribunal for the former Yugoslavia
N. Michel - University of 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
A. Priddy - Geneva Academy of International Humanitarian Law and Human Rights
E. Riedel - The Graduate Institute, Geneva
P. Rowe - University of Lancaster
Y. Sandoz - International Committee of the Red Cross
W.A. Schabas - Middlesex University, London
M.N. Schmitt - United States Naval War Law College
P. Seger - Federal Department for Foreign Affairs, Switzerland
P. Spoerri - International Committee of the Red Cross
C. Tomuschat - Humboldt University Berlin
D. Weissbrodt - University of Minnesota


Reviews and Awards :
"The book is also quite a fresh approach in an increasingly crowded market. The high rate of new publications on international humanitarian law and its associated topics continues, so it is important that entrants have something different to offer. The distinguishing features of this book are its multi-dimensional approach, the calibre of its contributors, and their willingness to offer no-holds-barred opinions on controversial topics. These features comfortably imbue the book with the requisite value-add... If this book were read cover to cover, the reader would be left with a comprehensive survey of the most important legal issues in the context of modern armed conflicts. It is therefore recommended to those who are seeking this advanced understanding from a multidimensional, critical perspective." - Damien van der Toorn, Australian Year Book of International Law

"...this handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts." - William St-Michel, International Journal of Criminal Justice

"The stated purpose of the Handbook is 'to provide grounding for those who would like to go further with their understanding of the law applicable in armed conflict.' The Handbook fulfils this purpose amply. Not only does it provide a comprehensive introduction to the law applicable in armed conflict, it also offers ample food for thought on the structure of the international legal system and the character of international legal obligations." - Naomi Burke, The British Yearbook of International Law

"One remarkable feature of The Handbook is its exhaustiveness: it provides a comprehensive overview of the multiple rules and rights that come into play during an armed conflict. Furthermore, it clearly stems from the sum of the essays that the legal framework applicable to an armed conflict is not single-fold, but multifaceted. This handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts." - William St-Michel, Journal of International Criminal Justice

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