Reflections on the law of war : collected essays / by Frits Kalshoven.

Format:

Book

Author/Creator:

Kalshoven, F. (Frits)

Series:

International humanitarian law series ; v. 17.

International humanitarian law series ; v. 17

Language:

English

Subjects (All):

Humanitarian law.

War (International law).

War victims--Legal status, laws, etc.

War victims.

Physical Description:

1 online resource (1128 p.)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, c2007.

Language Note:

English

Summary:

The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians… Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

Contents:

Preliminary Material

Chapter 1. The Setting

Chapter 2. Introduction to the Law of Warfare

Chapter 3. The Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, 24 May - 12 June, 1971

Chapter 4. The Conference of Government Experts on the Reaffirmation and Development of InternationalHumanitarian Law Applicable in Armed Conflicts (Second Session), 3 May - 2 June, 1972

Chapter 5. The First Session of the Diplomatic Conference on Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, 20 February - 29 March 1974

Chapter 6. Applicability of Customary International Law in Non-international Armed Conflicts

Chapter 7. The Conference of Government Experts on the Use of Certain Conventional Weapons, Lucerne, 24 September - 18 October, 1974

Chapter 8. The Conference of Government Experts on the Useof Certain Conventional Weapons, Second Session, Lugano, 28 January - 26 February, 1976

Chapter 9. The Diplomatic Conference on Reaffirmation andDevelopment of International Humanitarian LawApplicable in Armed Conflicts, Geneva, 1974 - 1977

Chapter 10. The Netherlands and International Humanitarian Law Applicable in Armed Conflicts

Chapter 11. Development of Customary Law of Armed Conflict

Chapter 12. Grotius’ Jus in Bello, with Special Reference to Ruses of War and Perfidy

Chapter 13. Incendiary Weapons: Legal and Humanitarian Aspects

Chapter 14. The Soldier and His Golf Clubs

Chapter 15. Conventional Weaponry: the Law from St. Petersburg to Lucerne and beyond

Chapter 16. The Conventional Weapons Convention:Functions of Underlying Legal Principles

Chapter 17. Prohibitions or Restrictions on the Use of Methods and Means of Warfare in the Gulf War, 1980 - 1988

Chapter 18. The Protection of Cultural Property in the Eventof Armed Conflict within the Framework of International Humanitarian Law

Chapter 19. Bombardment: from “Brussels 1874” to “Sarajevo 2003”

Chapter 20. The Position of Guerrilla Fighters under the Law of War

Chapter 21. “Guerrilla” and “Terrorism” in Internal Armed Conflict

Chapter 22. Guerrilla and Humanitarian Law: an Introduction

Chapter 23. Assistance to the Victims of Armed Conflictsand Other Disasters

Chapter 24. Non-Combatant Persons: a Comment to Chapter 11 of the Commander’s Handbook on the Law of Naval Operations

Chapter 25. Enemy Merchant Vessels as Legitimate Military Objectives

Chapter 26. “Enemy Combatants” in American Hands: Are There Limits to the President’s Discretion?

Chapter 27. Implementation and Enforcement of International Humanitarian Law

Chapter 28. Instructions for the Armed Forces

Chapter 29. Individual Right to Claim Damages under Article 3 of Hague Convention IV:Expert Opinion, 1997

Chapter 30. Individual Right to Claim Damages under Article 3 of Hague Convention IV: Supplementary Expert Opinion, 1999

Chaper 31 the Undertaking to Respect and Ensure Respect in All Circumstances: from Tiny Seed to Ripening Fruit

Chapter 32. Will International Humanitarian Law Protect Tomorrow’s War Victims?

Chapter 33. Reprisals in the CDDH

Chapter 34. Belligerent Reprisals Revis.

Notes:

Includes bibliographical references and index.

Includes index.

ISBN:

1-281-92640-X

9786611926403

90-474-2083-7

OCLC:

302425054

Publisher Number:

10.1163/ej.9789004158252.i-1118 DOI