Overview

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Full Product Details

Author:   Elizabeth Wilmshurst (Associate fellow, Chatham House)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 3.90cm , Length: 24.20cm
Weight:   1.008kg
ISBN:  

9780199657759

ISBN 10:   0199657750
Pages:   568
Publication Date:   02 August 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Part I 1: Elizabeth Wilmshurst: Introduction Part II 2: Steven Haines: Evolution of Hostilities 3: Dapo Akande: Legal concepts 4: Jelena Pejic: Provisions of applicable law Part III: Case studies 5: Steven Haines: Northern Ireland 6: Louise Arimatsu: Democratic Republic of the Congo 7: Felicity Szenat and Annie Bird: Colombia (incl. Ecuador) 8: Francoise Hampson: Afghanistan 2001 onwards 9: Iain Scobbie: Gaza 10: Philip Leach: South Ossetia 11: Mike Schmitt: Iraq 2003 onwards 12: Iain Scobbie: Southern Lebanon 2006 13: Noam Lubell: The War against Al-Qaeda' 14: Mike Schmitt: Future Part IV 15: Elizabeth Wilmshurst: Conclusions

Reviews

The on-the-ground approach demonstrated in this work has the very real merit of taking international lawyers, or more accurately international humanitarian lawyers, somewhat out of their comfort zone ... besides providing clarity for the expert on the vexed issue of classification of conflicts it will also be a resource for the more general reader with an interest in international humanitarian law and how it works in practice. Judith Gardam, British Yearbook of International Law Individual case studies are of invariably high qualityand yield myriad points of analytical interest. ... the case studies are well selected and thoroughly discussed. Ioannis Kalpouzos, Leiden Journal of International Law

The on-the-ground approach demonstrated in this work has the very real merit of taking international lawyers, or more accurately international humanitarian lawyers, somewhat out of their comfort zone ... besides providing clarity for the expert on the vexed issue of classification of conflicts it will also be a resource for the more general reader with an interest in international humanitarian law and how it works in practice. Judith Gardam, British Yearbook of International Law

Author Information

Elizabeth Wilmshurst CMG is Associate Fellow in International Law, at Chatham House (the Royal Institute of International Affairs) and a visiting professor at University College, London University. She was a legal adviser in the United Kingdom diplomatic service between 1974 and 2003, during which time she was the Legal Adviser to the UK mission to the United Nations in New York between 1994 and 1997. She is a co-author of An Introduction to International Criminal Law and Procedure (2nd ed. Cambridge, 2010) and a co-editor of Perspectives on the ICRC Study on Customary International Humanitarian Law (Cambridge, 2007).

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