The Handbook of Humanitarian Law in Armed Conflicts

The Handbook of Humanitarian Law in Armed Conflicts

Language: English

Pages: 608

ISBN: 0198298676

Format: PDF / Kindle (mobi) / ePub

This book offers the most up-to-date authoritative commentary and analysis of international humanitarian law applicable in armed conflict. While the past few decades have seen consistent development of the laws culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. In this new book, acknowledged experts restate the international humanitarian law applicable in armed conflict. The key statements were promulgated as the Joint Service Regulation for the German Armed forces in August 1992 and this book will serve as a work of reference for practicing lawyers and academics and as a work of legal instruction to armed forces.

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responsibility of the parties to a conflict for the clearance, removal, destruction, or maintenance of all mines, booby-traps, and other devices in areas under their control (para. 2) and provides for international cooperation in the removal of minefields after the cessation of active h ~ s t i l i t i e s . ~The ~ ' amended provision identifies an explicit responsibility of the users of mines and other devices laid in areas over which they no longer exercise control to provide to the party in

69/81, Judgmenr of 4 April 1983, reprinted in 13 IsrYHR (1983) 348-359 (legitimacy of imposing taxes in 291 the occupied territory by the occupying state). Kawasme etal. v Minister ofDefence et al., [Second Phase], Case H.C. 698180, Judgment of 4 December 1980, reprinted in 11 IsrYHR (1981), 349-354 (legality of deportation of a 287 Jordanian citizen from the West Bank into another state). Sakhwiletal. u Commanderofthe JudeaandSamaria Region, Judgment of6 November 1979, H.C. 434179, reprinted in

has been used, for example, to create the international criminal tribunals for the former Yugoslavia9 and Rwanda.'' 6) Article 42 then provides: 'should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea or land

Nevertheless, although they never entered into force, the Rules were widely regarded at the time as an important statement of the legal principles which should govern aerial warfare. The basic principles which they laid down, though not the list of targets, were embodied in a resolution of the Assembly of the League of Nations in 1938.That resolution (modelled on a statement by the Prime Minister of the United Kingdom to the House of Commons) recognized the urgent need for the adoption

international law such as the unnecessary suffering p r i n ~ i p 1 e . Although l~~ this suggestion has been made from time to . 1s . mpracticable . time,155 ~t since 'the public conscience' is too vague a concept to 150 Strebel, 111EPIL, 326-327. 15' See Sections 304-312 and commentary thereon. The original form of the clause. Article 63, para. 4, G C I; Article 62, para. 4, G C 11; Article 142, para. 4, G C 111; Article 158, para. 4, G C IVand Preamble, para. 5, WeaponsConv. 154 See

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