Indiscriminate and Disproportionate Attacks in International Law : Bridging the Accountability Gap.

Format:

Book

Author/Creator:

Daniele, Luigi.

Series:

Studies in International and Comparative Criminal Law Series

Language:

English

Subjects (All):

International criminal law.

Humanitarian law.

Physical Description:

1 online resource (273 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Bloomsbury Publishing Plc, 2026.

Summary:

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations.

Contents:

Intro

Contents

Background: Inequality as Continuity between War and Law

1 . Civilian Victimisation in Armed Conflicts in History and Theory

1.1. Introduction

1.2. International Humanitarian Law as Koinè, and its 'Dark Sides'

1.3. Civilians in the Interstate Warfare of the Jus Publicum Europaeum

1.4. Civilian Resistance at the Origins of the Civilians/Combatants Legal Dichotomy

1.5. Civilians at War, the Partisan, and the Problem of Guerrilla Warfare

1.6. Civilian Victimisation in Contemporary Wars. Notes for an Aetiological Enquiry: Why do Liberal Democracies Strike Non-Combatants?

2 . Indiscriminate and Disproportionate Attacks in International Humanitarian Law

2.1. The Fundamental IHL Prescriptions Governing Targeting Decisions, between 'Military Necessity' and 'Humanity'

2.2. The IHL Prohibitions of Indiscriminate and Disproportionate Attacks under Additional Protocol I

2.3. Interplay of the Targeting Principles: In Search of Systematic Coherence

2.4. Reframing the Distinction−Proportionality Nexus

2.5. Recentralising Incidentality of the Civilian Harm as Conditio Sine Qua Non for Proportionality Assessments

2.6. The Interpretative Auxilium of Mens Rea Categories: Incidentality as a Threefold Dividing Line between Distinction and Proportionality

3 . Indiscriminate and Disproportionate Attacks at the Origins of International Criminal Law: From Nuremberg to the ICTY

3.1. Indiscriminate Warfare at the Origins of International Criminal Law

3.2. The ICTY Jurisprudence on Indiscriminate and Disproportionate Attacks as War Crimes

3.3. Critical Knots in the ICTY Jurisprudence

4 . Indiscriminate and Disproportionate Attacks in Contemporary War Crimes Law: Born to be Blunt ?.

4.1. Indiscriminate and Disproportionate Attacks as Turning Points for the ICC at 30: Two Alternative Futures for the Court (and Warfare)

4.2. Indiscriminate and Disproportionate Attacks in the Rome Statute of the ICC: In Search of Lost Enforcement

4.3. An 'Unduly Expanded Legal Shield' for the Military?

4.4. Cassese's Prognosis Confirmed, and the Normalisation of Indiscriminate and Disproportionate Attacks

5 . Bridging the Accountability Gap: Delivering Justice for Indiscriminate and Disproportionate Attacks

5.1. Jurisprudential Avenues for Ensuring Accountability, Lex Lata

5.2. The Limits of Interpretative Solutions: Racialised Hierarchies of Civilian Protection and Racialised Hierarchies of War Crimes Law Enforcement

5.3. An Agenda for the Assembly of the State Parties to the Rome Statute: Lex Ferenda Avenues for Restoring Accountability

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781509976089

OCLC:

1591754187