Free Delivery Over $100
|
|
|||
|
||||
OverviewDeath and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law. Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006. Unlawful Attacks in Combat Situations focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II. Full Product DetailsAuthor: Hector OlasoloPublisher: Brill Imprint: Martinus Nijhoff Volume: 18 Dimensions: Width: 16.00cm , Height: 2.30cm , Length: 24.00cm Weight: 0.650kg ISBN: 9789004162006ISBN 10: 9004162003 Pages: 292 Publication Date: 25 February 2008 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsTable of Abbreviations; Foreword by Judge Erkki Kouroula; I. Introduction; II. The Prohibition of Attacks at Civilians or Civilian Objects and of Disproportionate Attacks as the Core Component of the Principle of Distinction in the Conduct of Hostilities in International Humanitarian Law; III. Material Contextual Elements; IV. Specific Objective Elements; V. Practical Issues on the Application of the Notion of Military Objective; VI. Practical Issues concerning the Application of the Proportionality Rule; VII. Omissions. Special Reference to the Responsibility of Military Commanders; VIII. Preparatory Acts, Attempt and Completion of the Crime; IX. Modes of Liability; X. Subjective Elements of Attacks Directed at Civilians or Civilian Objects and of Disproportionate Attacks; XI. Grounds for Justification. Special Reference to the Scope of Self-Defence in Combat Situations; XII. Grounds for Excuse. Special Reference to Superior Orders; XIII. Objective Requisites for Punishment, Exemptions from Punishment and Objective Requisites to Proceed; XIV. Final Remarks; XV. Table of Cases; XVI. Bibliography.Reviews'This is one of the first comprehensive overviews of this topic. It greatly benefits from the author's experience at the ICTY and as a delegate to the preparatory commission of the Rome Statute. Reading it is therefore recommended to anyone involved in armed conflict law generally and targeting in particular.' Vincent Roobaert, Assistant Legal Adviser, NC3A, NATO Legal Gazette 2010. Although his analysis is generally focused on ICTY case law, at times only briefly considering particularities of the ICC Statute, his thorough analysis will be most useful for both scholars and practitioners working in this field. Boris Burghardt and Ines Peterson, Criminal Law Forum (2010) 21:545-554. Author InformationHector Olasolo: LLM (Columbia University), Ph.D. in Law (Salamanca University), Legal Officer in Chambers at the ICC, Honorary Senior Lecturer in the Department of Criminal Law at the University of Utrecht. Senior Lecturer in the PhD Program at th Tab Content 6Author Website:Countries AvailableAll regions |
||||
