An Introduction to the International Law of Armed Conflicts

by Robert Kolb, Richard Hyde

Overview

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

Product Details

ISBN-13:	9781841137995
Publisher:	Bloomsbury Academic
Publication date:	08/29/2008
Edition description:	New Edition
Pages:	376
Product dimensions:	6.69(w) x 9.61(h) x 0.77(d)

About the Author

Robert Kolb is Professor of Public International Law at the University of Geneva and Counsel for Lalive Attorneys-at-Law, Geneva. He has worked as legal adviser at the International Committee of the Red Cross from 1998 to 1999 and occasionally for the International Law Directorate of the Swiss Federal Department of Foreign Affairs.

Richard Hyde is a Doctoral Candidate at the University of Nottingham. He specialises in International Law and Criminal Law.

Table of Contents

Preface v

Table of Cases, Decisions, Opinions ix

Table of Treaties and International Instruments xiii

Part I Introduction

1 The Law of Armed Conflict as a Branch of Public International Law 3

2 Jus Ad Bellum: Main Components 9

3 Jus In Bello: Main Components 15

4 The Separation Between Jus Ad Bellum and Jus In Bello in Modern International Law: Equality of the Belligerents and Just War 21

5 Total War and Limited War 29

Part II The Law of Armed Conflicts

6 Historical Evolution of the LOAC 37

7 Basic Principles of the LOAC 43

8 Main Sources of the LOAC 51

9 The Martens Clause 61

10 International and Non-International Armed Conflicts 65

11 Applicability of the LOAC: Material Scope of Applicability 73

12 Applicability of the LOAC: Personal Scope of Applicability 85

13 Applicability of the LOAC: Spatial Scope of Applicability 93

14 Applicability of the LOAC: Temporal Scope of Applicability 99

15 Applicability of the LOAC by Special Agreements 107

16 The Role of the International Committee of the Red Cross 113

17 Targeting: the Principle of Distinction Between Civilian and Military Objectives 125

18 Other Objectives Specifically Protected Against Attack 141

19 Prohibited Weapons 153

20 Perfidy and Ruses 161

21 Some Other Prohibited Means and Methods of Warfare 167

22 Belligerent Reprisals 173

23 Command Responsibility 179

24 Assistance, Respect and Protection of Wounded and Sick Military Persons 189

25 The Definition of Combatants 197

26 Protection of Prisoners of War 209

27 General Protection of Civilians 221

28 Occupied Territories (Belligerent Occupation) 229

29 The 'Intangible' Nature of theLOAC Rights 237

30 Protective Emblems 241

31 Sea Warfare 247

32 Non-International Armed Conflicts in Particular 257

33 The Relationship Between the LOAC and Human Rights Law 269

34 Neutrality 277

35 The Implementation of the LOAC 283

Bibliography 295

Index 337

Editorial Reviews

"...a succinct, but authoritative, overview that is suitable for the many law and undergraduate course now offered in this rather popular but gruesome subject." --Amercian Society of International Law newsletter, Issue 39

"Robert Kolb's and Richard Hyde's Introduction to the International Law of Armed Conflicts... is not only timely, but in fact closes a significant gap in the didactic legal literature...This contribution reflects a formidable balance between the simplicity and accessibility of an introductory volume and the comprehensiveness and depth of a full-fledged legal textbook...Students constitute the target audience ...and I highly recommend ths instructive contribution to them." --German Yearbook of International Law, Vol. 51

"Résolument orienté vers l'apprentissage, cet ouvrage constitue un veritable qui rendra service aux jurists en formation ainsi qu'à toute personne ayant à connaître les bases du droit international humanitaire." --Annuaire Francais de Droit International

"The educational role of this book is evident, as each section, covering roughly 5-15 pages, includes a learning objective, an analysis of the topic discussed and a comprehension check with questions and answers. This last part is equally interesting and worth reading, as it provides further clarifications of the law or gives practical examples on how the law should be interpreted and applied in practice.
The book is not technical, as it is written in simple and accessible language for every student or professional, who is interested in humanitarian law and is not familiar with the topic. Additionally it could serve as a textbook for academic use or as a tool of dissemination of humanitarian law rules to the general public. As the titles reveals, it is an introduction and therefore it is not addressed to people with substantial prior knowledge in the law of armed conflict. On the other hand it offers much more than just a basic introduction, while it is also comprehensive enough, without the need to resort to the text of the relevant treaties.

Overall the book provides the essential information on the law of armed conflict, while it functions as an appetizer for a deeper study of this area." --Web Journal of Current Legal Issues, Issue 4

From the Publisher