File Name: war law understanding international law and armed conflict .zip
- Law of war
- Defining Armed Conflict in International Humanitarian Law
- Michael Byers, War Law: Understanding International Law and Armed Conflict (2005)
The law of war is the component of international law that regulates the conditions for war jus ad bellum and the conduct of warring parties jus in bello. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law. Among other issues, modern laws of war address the declarations of war , acceptance of surrender and the treatment of prisoners of war ; military necessity , along with distinction and proportionality ; and the prohibition of certain weapons that may cause unnecessary suffering.
Law of war
Among the greatest achievements of the United Nations is the development of a body of international law, which is central to promoting economic and social development, as well as to advancing international peace and security. The international law is enshrined in conventions, treaties and standards. Many of the treaties brought about by the United Nations form the basis of the law that governs relations among nations. While the work of the UN in this area does not always receive attention, it has a daily impact on the lives of people everywhere. The Charter of the United Nations specifically calls on the Organization to help in the settlement of international disputes by peaceful means, including arbitration and judicial settlement Article 33 , and to encourage the progressive development of international law and its codification Article Many other treaties are deposited with governments or other entities.
International Humanitarian Law, based on the concepts of jus ad bello, is defined to be the law of war. This means that the laws involved are meant to be active in a situation of an armed conflict or during war. However, just like international law, international humanitarian law requires the political will of states for a situation to be considered as an armed conflict, so that the law can be in force. The scenario has therefore arisen that states have been adamant to recognize a situation as an armed conflict for certain political reasons. The aim of this paper is to show that the abstract view of international humanitarian law impacts the definition of an armed conflict. This is because of the entry of new actors in conflicts such as private military companies and the changing dynamics of conflict, such as battles against terrorism.
Defining Armed Conflict in International Humanitarian Law
Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class.
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War Law: Understanding International. Law and Armed Conflict by Michael Byers, Grove Press, , pp. Irfan Khawaja. Also under review: Of War and Law.
Michael Byers, War Law: Understanding International Law and Armed Conflict (2005)
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In War Law: Understanding International Law and Armed Conflict , Michael Byers provides a timely critique of international policy regarding the terms and practices of war. Byers contextualizes his argument by outlining the development of international norms of jus ad bellum , or law of war, and jus in bello , or how wars should be fought. The development of an international legal regime governing armed conflict other than natural law or positivism is relatively new in international law; previously, conquest was common, and the only unwritten rule of international war law was a right to act in self-defense without provoking all-out war. The advent of the U. Charter in marked the beginning of a new global order.
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