While a more traditional approach to international law and armed conflict focuses on the use of force and international humanitarian law, this book incorporates other international legal regimes such as human rights law, international private law, international criminal law, environmental law, as well as regional and national legal regimes. In doing so, a broader picture emerges and reveals the current challenges faced by lawyers in regulating armed conflicts. This in turn highlights the complexities, intricacies, and the interrelationship of the different regimes that may be rendered applicable to armed conflicts. Also, in taking a more inclusive approach, this book provides a new perspective on both existing and emerging themes in this field. The topics covered in this book include privatisation of warfare, protection of the environment, use of natural resources to support armed conflicts, involvement of children in armed conflicts, the relationship between peace, security and justice.
• Commentaries from experts provide specialist critical summaries • Includes a wide range of issues regarding international law and armed conflict, providing the reader with a broad and critical overview of the subject area • Discussion of cutting-edge issues provides the reader with an insight into current debates in the field of, for example, the environment, children and privatisation
1. Confronting the challenges of international law and armed conflict in the 21st century Noëlle Quénivet and Shilan Shah-Davis; 2. Myths of 'lawfare' and 'legal encirclement' Christopher P. M. Waters; Part I. Accountability: 3. Issues of the Draft Convention on the Criminal Accountability of United Nations Officials and Experts on Mission Melanie O'Brien; 4. Internationalising the Colombian armed conflict through humanitarian law and transitional justice Rafael A. Prieto Sanjuán; 5. Criminal accountability or civil liability: which approach most effectively redresses the negative environmental consequences of armed conflict? Tara Smith; Commentary on: accountability Bill Bowring; Part II. Environment and Natural Resources: 6. The impact of armed conflict on sustainable development: a holistic approach Onita Das; 7. A darker shade of green: is it time to ecocentrise the laws of war? Karen Hulme; 8. Targeted economic measures to curb armed conflict? The Kimberley Process on the trade in 'conflict diamonds' Jan Wetzel; Commentary on: environmental and natural resources William Schabas; Part III. Privatisation and Armed Conflict: 9. Business under fire: transnational corporations and human rights in conflict zones Olga Martin-Ortega; 10. The influence of non-governmental actors on compliance with international law – compliance with UNSC decisions on Angola's conflict diamonds Pini Pavel Miretski; 11. Private regulation of private military companies: a potentially private solution to a commercial problem? Dewi Williams; Commentary on: privatisation and armed conflict Ademola Abass; Part IV. Children and Armed Conflict: 12. Children and the International Criminal Court Cynthia Chamberlain; 13. Child terrorists: why and how should they be protected by international law? Hilly Moodrick-Even Khen; Commentary on: children and armed conflict Williams Schabas; Part V. Implementation of International Humanitarian Law: 14. Today's quest for international criminal justice – a short overview of the present state of criminal prosecution of international crimes Sascha-Dominik Bachmann; Commentary on: implementation of international humanitarian law Bill Bowring; Commentary on: implementation of international humanitarian law Gerd Hankel; Part VI. Reforming the Laws of War: 15. Bridging the gaps in the laws of armed conflict? International criminal tribunals and the development of humanitarian law Shane Darcy; 16. Devising new rules for regulating international terrorism warfare and engaging non-state actors in the negotiations Konstantinos D. Magliveras; Commentary on: reforming the laws of war Gerd Hankel; Part VII. Peace, Security and Justice: 17. 'In the interest of peace and in the interest of justice': Security Council deferrals as a constructive tool for conflict resolution Yassin A. M'Boge; 18. Procedural aspects of the relationship between the International Criminal Court and future truth commissions. Lessons learned from the cases of Sierra Leone and East Timor Madalena Pampalk; 19. The impact of the legal right of self-determination on the law of occupation as a framework for post-conflict state reconstruction Matthew Saul; Commentary on: peace, security and justice Ademola Abass; Commentary on: peace, security and justice Nigel White; Conclusion Noëlle Quénivet and Shilan Shah-Davis.