Overview

Which human rights violations or war crimes allegations result in exclusion from the refugee regime? What human rights protections apply to someone declared an unlawful combatant? Which human rights obligations apply to the actions of armed forces acting abroad? Over the past ten years the content and application of international law in armed conflict has changed dramatically. An authoritative and comprehensive study of the role of international law in armed conflicts, this Oxford Handbook engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, this book has a global, multi-disciplinary perspective on the place of law in war.The Handbook consists of 35 Chapters in seven parts. Part A provides the historical background and sets out some of the contemporary challenges. Part B considers the relevant sources of international law. Part C describes the different legal regimes: land warfare, air war fare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part D introduces crucial concepts in international humanitarian law: weapons and the concepts of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, and internal armed conflict. Part E looks at fundamental rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, the human rights of the members of the armed forces, and the protection of children. Part F covers important issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, refugee law, and the issues of gender in times of armed conflict. Part G deals with accountability issues including those related to private security companies and armed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice.

Full Product Details

Author:   Andrew Clapham (Professor of Public International Law, Graduate Institute of International Studies, Geneva, and Director of the Geneva Academy of International Humanitarian Law and Human Rights) ,  Paola Gaeta (Director of the Geneva Academy of International Humanitarian Law and Human Rights)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.10cm , Height: 5.70cm , Length: 24.90cm
Weight:   1.640kg
ISBN:  

9780199559695

ISBN 10:   0199559694
Pages:   1008
Publication Date:   13 March 2014
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Preface A. Introduction 1: P. Haggenmacher: The Law of War: An Historical Perspective 2: A. Cassese: Current Challenges to International Humanitarian Law 3: J. Kellenberger: The Role of the International Committee of the Red Cross B. Sources 4: T. Meron: Customary Humanitarian Law Today: From the Academy to the Court Room 5: R. Kolb & K. Del Mar: Treaties in Armed Conflict C. Legal Regimes 6: Y. Sandoz: Land Warfare 7: M. Schmitt: Air Warfare 8: W.H. Von Heinegg: Maritime Warfare 9: P. Spoerri: Law of Occupation 10: D. Fleck: The Law Applicable to Peace Operations 11: P. Seger: The Law of Neutrality D. Key Concepts for Humanitarian Law 12: S. Haines: Prohibited Weapons and the Issue of Superfluous Injury and Unnecessary Suffering 13: N. Melzer: The Principle of Distinction between Civilians and Combatants 14: E. Cannizzaro: Proportionality 15: P. Gaeta: Genocide and other Crimes Against Humanity in Armed Conflict 16: G. Abi-Saab: Grave Breaches of the Geneva Conventions and other War Crimes 17: E. David: Internal (non-international) Armed Conflicts E. Key Rights in Times of Armed Conflict 18: W. Schabas: The Right to Life 19: M. Nowak: Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 20: D. Weissbrodt: Fair Trial 21: E. Riedel: Economy Social and Cultural Rights 22: J.M. Henckaerts: Protection of the Environment 23: R. O Keefe: Protection of Cultural Property 24: P. Rowe: Human Rights of Members of the Armed Forces F. Key Issues in Times of Armed Conflict 25: G. Distefano: Aggression, Self-Defence and the Legitimate Use for Force 26: A. Bianchi & Y. Naqvi: Terrorism 27: K. Dörmann: Unlawful Combatants 28: D. Jinks: The Applicability of Human Rights Law in Times of Armed Conflict 29: V. Chetail: Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law 30: C. Chinkin: Gender and Armed Conflict 31: J. Cockayne: Private Military and Security Companies G. Answering for violations of the Law 32: A. Clapham: The Accountability of Armed Groups 33: C. Tomuschat: State responsibility and the Individual Right to Compensation before National Courts 34: N. Michel: Transitional Justice Conclusion

Reviews

The stated purpose of the Handbook is 'to provide grounding for those who would like to go further with their understanding of the law applicable in armed conflict.' The Handbook fulfils this purpose amply. Not only does it provides a comprehensive introduction to the law applicable in armed conflict, it also offers ample food for thought on the structure of the international legal system and the character of international legal obligations. Naomi Burke, The British Yearbook of International Law One remarkable feature of The Handbook is its exhaustiveness: it provides a comprehensive overview of the multiple rules and rights that come into play during an armed conflict. Furthermore, it clearly stems from the sum of the essays that the legal framework applicable to an armed conflict is not single-fold, but multifaceted. This handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. William St-Michel, Journal of International Criminal Justice

The book is also quite a fresh approach in an increasingly crowded market. The high rate of new publications on international humanitarian law and its associated topics continues, so it is important that entrants have something different to offer. The distinguishing features of this book are its multi-dimensional approach, the calibre of its contributors, and their willingness to offer no-holds-barred opinions on controversial topics. These features comfortably imbue the book with the requisite value-add... If this book were read cover to cover, the reader would be left with a comprehensive survey of the most important legal issues in the context of modern armed conflicts. It is therefore recommended to those who are seeking this advanced understanding from a multidimensional, critical perspective. Damien van der Toorn, Australian Year Book of International Law ...this handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. William St-Michel, International Journal of Criminal Justice The stated purpose of the Handbook is 'to provide grounding for those who would like to go further with their understanding of the law applicable in armed conflict.' The Handbook fulfils this purpose amply. Not only does it provides a comprehensive introduction to the law applicable in armed conflict, it also offers ample food for thought on the structure of the international legal system and the character of international legal obligations. Naomi Burke, The British Yearbook of International Law One remarkable feature of The Handbook is its exhaustiveness: it provides a comprehensive overview of the multiple rules and rights that come into play during an armed conflict. Furthermore, it clearly stems from the sum of the essays that the legal framework applicable to an armed conflict is not single-fold, but multifaceted. This handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. William St-Michel, Journal of International Criminal Justice

Author Information

Andrew Clapham is Professor of Public International Law at the Graduate Institute of International Studies, Geneva. Before he joined the Graduate Institute of International Studies Institute in 1997, he was the Representative of Amnesty International to the United Nations in New York. His current research relates to the role of non-state actors in international law and related questions in human rights and humanitarian law. Andrew Clapham is the Director of the Geneva Academy of International Humanitarian Law and Human Rights. His publications include Human Rights: A Very Short Introduction (2007), Human Rights Obligations of Non-State Actors (2006), and International Human Rights Lexicon (2005), with Susan Marks. Paola Gaeta (PhD in Law, European University Institute, 1997) was Assistant Professor (1998), Associate Professor (2001) and then Tenured Professor (2001-2010) of Public International Law at the University of Florence. She is currently Tenured Professor of International Criminal Law at the Law Faculty of the University of Geneva and Adjunct Professor of International Criminal Law at the Graduate Institute for International and Development Studies. Since 2007, she is Director of the LL.M. Programme in International Humanitarian Law of the Geneva Academy of International Humanitarian Law and Human Rights and since 2011 Director of the Academy itself. She is a Member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of the European Journal of International Law. Her publications include The UN Genocide Convention: A Commentary (ed.), (2009).

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