searching for a principle of humanity in international humanitarian law

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Searching For A Principle Of Humanity In International Humanitarian Law

Author : Kjetil Mujezinović Larsen
ISBN : 9781107021846
Genre : Law
File Size : 40. 44 MB
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An examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.

Searching For A Principle Of Humanity In International Humanitarian Law

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ISBN : OCLC:1010556216
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Eine Erinnerung An Solferino

Author : Henry Dunant
ISBN : BSB:BSB10915882
Genre : Solferino, Battle of, Solferino, Italy, 1859
File Size : 37. 91 MB
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The Development And Principles Of International Humanitarian Law

Author : MichaelN. Schmitt
ISBN : 9781351545075
Genre : Political Science
File Size : 89. 2 MB
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The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.

Research Handbook On Human Rights And Humanitarian Law

Author : Robert Kolb
ISBN : 9781781006078
Genre : Political Science
File Size : 83. 33 MB
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'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.

Humanity

Author : Fabian Klose
ISBN : 9783647101453
Genre : Fiction
File Size : 61. 73 MB
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This volume investigates the development of the concepts and practices of “humanity” from the sixteenth century up to the present. By taking a comparative and interdisciplinary approach, the contributers focus on Europe as well as Europe’s relations to other world regions in the process that shaped “humanity”. They show how this emerging concept led to the overcoming of fundamental divisions in many spheres on the one hand and the formation of new hierarchies on the other.

Military Professionalism And Humanitarian Law

Author : Yishai Beer
ISBN : 9780190881160
Genre : Law
File Size : 52. 98 MB
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This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.

Principles Of International Humanitarian Law

Author : Jonathan Crowe
ISBN : 9781781002735
Genre : Law
File Size : 67. 65 MB
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ÔThis is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.Õ Ð Marco Sass~li, University of Geneva, Switzerland This book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context. The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups. Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners.

Armed Conflict And International Law In Search Of The Human Face

Author : Mariëlle Matthee
ISBN : 9789067049184
Genre : Law
File Size : 78. 4 MB
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This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

Advanced Introduction To International Humanitarian Law

Author : Robert Kolb
ISBN : 9781783477524
Genre : Law
File Size : 57. 25 MB
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This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions _ which are at times challenging and controversial _ in order to get to the very essence of the subject a

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