To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.
This chapter addresses the scope of regulation of means and methods of warfare generally and then examines the prohibition of weapons causing superfluous injury or unnecessary suffering, indiscriminate weapons, and weapons harming the environment. It then turns to the regulation of certain weapons, namely nuclear weapons, cluster munitions, UAVs and autonomous and automated weapons systems. The chapter goes on to review the regulation of certain methods of warfare, perfidy and ruses of war, pillage, espionage and improper use of protected emblems. It then discusses weapons review before addressing targeting, military objectives, proportionality in attack and precautions. The chapter closes with discussion of cyber warfare in this context.
This chapter reviews the enforcement of IHL through a range of legal and non legal mechanisms. It first addresses the obligation to respect and ensure respect for IHL, protecting powers, the international humanitarian fact finding committee and the role of human rights bodies. State responsibility, state immunity and acts of state and political question doctrines are then discussed. Reparations, including state reparations, individual reparations and reparations by armed groups are then reviewed. UN immunity, UN enforcement and responsibility in peacekeeping operations, liability and reparations in peacekeeping operations and criminal responsibility in peacekeeping operations are also addressed. The use of belligerent reprisals in the enforcement of IHL and armed groups and enforcement of IHL is then discussed. In conclusion the chapter considers United Nations Action in enforcement of IHL.
The chapter addresses the definition of neutrality in the case of an IAC before discussing the rights and duties of neutrals. Neutrality involves specific duties which may be summarised as abstention, impartiality, prevention and acquiescence. It then reviews neutrals rights, principally inviolability of the neutral states territory. The chapter then goes on to consider neutrality and sea warfare, neutrality and air warfare and neutrality and cyber warfare.
The chapter begins with discussion of the definition of occupation, beginning of occupation, and the end of occupation. It then reviews the rights and duties of the occupying power under Hague Convention IV as customary law addressing public order and safety, security needs of the occupying power, amendment of domestic laws of occupied territory, prolonged occupation of territory and transformative occupation. The chapter then considers the use of lethal force in occupied territory, transfer of the ocupying powers population into occupied territory, deportation, detention and destruction of property. It then addresses the application of IHRL in military occupation and finally the analogous UN adminstration of territory.
This chapter addresses the law regarding non international armed conflict it commences by discussing the applicable law, armed groups and IHL. It then discusses the appolciaiton of human rights in NIACs and derogations as well as the human rights obligations of armed groups. The chapter then considers the geographic and tempral scope of NIACs and the principle of distinction in NIACs. This is then followed by discussion regarding detention, first the general criteria, then guarantees, transfer of detainees, detention by armed groups and finally detention by UN peacekeepers and authorised forces.
This chapter discusses the protection of civilians against direct attack and the effects of military operations, and the protections should they fall into the hands of the enemy in IACs and NIACs under IHL and IHRL . The scope of the protection afforded is reviewed. The chapter goes on to consider its application in specific cases; the prohibition of arbitrary punishment, detention, internal displacement and deportation, sexual violence in armed conflict and SEA on the part of UN peacekeepers. The protection afforded to specific groups to wit children, journalists, UN peacekeepers and PMSC personnel is then examined.
The chapter discusses entitlement to POW status in IACs on the part of combatants, those special categories also entitled to the status, unlawful combatants, the relationship between IHL and IHRL and the determination of POW status .The chapter then goes on to discuss the enemy states responsibility for POW, their treatment, internment in POW camps and the punishment of POW. It then considers termination of captivitity and repatriation and, finally, internment in NIAC.
This chapter discusses international humanitarian law (IHL) and international human rights law (IHRL) which apply concurrently in armed conflict, but differ in scope and purpose. Their relationship is reviewed by looking at the right to life, the right to a fair trial, arbitrary detention and military responses to terrorism. The chapter then considers derogations from IHRL and the issue of the IHRL obligations of armed groups, particularly in NIACs. Similar issues are discussed regarding peacekeeping operations.
This chapter discusses command responsibility as an IHL doctrine. It commences by discussing the concept of responsible command before addressing the scope of application of the doctrine of command responsibility and the elements of the doctrine of command responsibility. The underlying offence is then discussed. The criteria for the existence of a superior-subordinate relationship, the requirement for effective control, the criteria for the mens rea requirement and the criteria with regard to failure to adopt necessary and ressonable measures are considered. The chapter then discusses successor command responsibility and the issue of causation before concluding with analysis of the nature of command responsibility
The chapter discusses the application of the principle of distinction to combatants and civilians, the consequences of that distinction and the issue of those civilians who directly participate in hostilities both in IACs and NIACs. It then discusses the application of the concept in cyber warfare. The chapter then considers the positions of members of private military security companies, unlawful combatants and UN peacekeepers.
This chapter discusses the classification of armed conflcits into international armed conflicts (IACs) and non-international armed conflicts ( NIACs) by examining the relevant criteria. WIth regard to NIACs it disusses the criteria of organisation and intensity. The chapter also considers the geographical and temporal scope of armed conflicts. It then goes on to consider occupation, wars of self-determination, terrorism and cyber war, as well the character of conflicts when international forces are involved.
The principles of humanity and military necessity form the basis of international humanitarian law and also serve as tools in its interpretation. The chapter presents these two principles and then goes on to discuss two principles that derive from them, to wit, the principle of distinction and the principle of proportionality. The content and scope of these principles and the relationship between them is examined in this and subsequent chapters.