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Perspectives on the ICRC Study on Customary International Humanitarian Law

Details

  • Page extent: 466 pages
  • Size: 228 x 152 mm
  • Weight: 0.79 kg

Hardback

 (ISBN-13: 9780521882903)

The International Committee of the Red Cross's study of Customary International Humanitarian Law by Jean-Marie Henckaerts and Louise Doswald-Beck (Cambridge, 2005) contains a unique collection of evidence of the practice of States and non-State actors in the field of international humanitarian law, together with the authors' assessment of that practice and their compilation of rules of customary law based on that assessment. The study invites comment on its compilation of rules. Perspectives on the ICRC Study on Customary International Humanitarian Law results from a year-long examination of the study by a group of military lawyers, academics and practitioners, all with experience in international humanitarian law. The book discusses the study, its methodology and its rules and provides a critical analysis of them. It adds its own contribution to scholarship on the interpretation and application of international humanitarian law.

• Sets out in full almost every rule in the study and provides an analysis and commentary • Provides the treaty background to the rules, and thus aids further understanding of international humanitarian law • Discusses modern examples of how the law is applied in today's conflicts

Contents

Part I. Setting the Scene - Theoretical Perspectives on International Law in the ICRC Study: 1. The methodological framework of the study Daniel Bethlehem; 2. The approach to customary international law in the study Iain Scobbie; 3. Other areas of customary law in relation to the study Françoise Hampson; Part II. Status of Conflict and Combatants - The ICRC Study: 4. Status of conflict Jelena Pejic; 5. Combatant status Anthony Rogers; Part III. Commentary on Selected Rules from the ICRC study: 6. Targeting Michael Schmitt; 7. Protected persons and objects Susan C. Breau; 8. Environment Karen Hulme; 9. Methods of warfare William J. Fenrick; 10. Weapons of warfare Steven Haines; 11. Fundamental guarantees Françoise Hampson; 12. Prisoner of war status Agnieszka Jachec-Neale; 13. Displacement and displaced persons Ryszard Piotrowicz; 14. Implementation and compliance David Turns; 15. War crimes Charles Garraway; Part IV. Conclusions: 16. Conclusions Elizabeth Wilmshurst.

Reviews

Review of the hardback: '… a wonderful contribution to the discussion of and the verification of customary international humanitarian law. … The book is recommended to practitioners, such as legal advisors to the armed forces and to peace operations and staff of the ICRC, academics working in the area of international humanitarian law, and everyone who is interested in the debate about (customary) international humanitarian law. As the ICRC Study is the basis for the discussion in this publication, the reader should have some basic knowledge about international humanitarian law and the ICRC Study, although the book is well readable because of its understandable writing and numerous examples and the authors illustrate some of the fundamental legal aspects to the reader by also extracting and explaining the profound questions.' The Military Law and the Law of War Review

'… the volume is useful reading for students of international humanitarian law and practitioners alike.' Netherlands International Law Review

Contributors

Daniel Bethlehem, Iain Scobbie, Françoise Hampson, Jelena Pejic, Anthony Rogers, Michael Schmitt, Susan C. Breau, Dr. Karen Hulme, William J. Fenrick, Steven Haines, Françoise Hampson, Agnieszka Jachec-Neale, Ryszard Piotrowicz, David Turns, Charles Garraway, Elizabeth Wilmshurst

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