International Conflict and Security Law: Essays in Memory of Hilaire McCoubrey

doi:10.1017/CBO9780511495137

International Conflict and Security Law

Essays in Memory of Hilaire McCoubrey

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Hilaire McCoubrey wrote extensively in the area of armed conflict law, and on the issues of collective security law and the law relating to arms control. Although he died at the early age of 46 in 2000 he had contributed significantly to the separate study of these areas, but also to the idea of studying the issues as a whole subject. The collection covers difficult and controversial issues in the area of conflict and security law. The contributors, drawn both from academe and practice, provide expert analysis of many aspects of the law governing armed conflict and collective security. As well as providing a fitting tribute to the main aspects of Hilaire's contribution to knowledge, the volume provides a coherent reconsideration and development of key aspects of conflict and security law at a time when that law is being applied, breached, debated or reformed on almost a daily basis.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vii
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Biography of Hilaire McCoubrey
pp viii-x
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Notes on contributors
pp xi-xv
- By Richard Burchill, Director McCoubrey Centre of International Law University of Hull, Nigel D. White, Professor University of Nottingham, Justin Morris, Lecturer University of Hull
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Foreword: There are men too gentle to live among wolves
pp xvi-xviii
- By Gary Edles, Professor University of Hull Law School
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List of abbreviations
pp xix-xx
- By Richard Burchill, Director McCoubrey Centre of International Law University of Hull, Nigel D. White, Professor University of Nottingham, Justin Morris, Lecturer University of Hull
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1 - Hilaire McCoubrey and international conflict and security law
pp 1-20
- By Nigel D. White, Professor of International Organisations University of Nottingham
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2 - The development of operational law within Army Legal Services
pp 21-31
- By Gordon Risius, Vice President United Kingdom
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3 - Reflections on the relationship between the duty to educate in humanitarian law and the absence of a defence of mistake of law in the Rome Statute of the International Criminal Court
pp 32-48
- By Neil Boister, Senior Lecturer University of Canterbury New Zealand
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4 - Superior orders and the International Criminal Court
pp 49-67
- By Robert Cryer, Lecturer in Law University of Nottingham
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5 - Command responsibility: victors' justice or just desserts?
pp 68-83
- By Colonel C. H. B. Garraway, Senior Research Fellow British Institute of International and Comparative Law
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6 - The proposed new neutral protective emblem: a long-term solution to a long-standing problem
pp 84-107
- By Michael Meyer, Head of International Law Department at the British Red Cross
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7 - Towards the unification of international humanitarian law?
pp 108-128
- By Lindsay Moir, Lecturer University of Hull
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8 - Of vanishing points and paradoxes: terrorism and international humanitarian law
pp 129-159
- By Richard Barnes, Lecturer Maritime Law at the University of Hull
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9 - What is a legitimate military target?
pp 160-184
- By A. P. V. Rogers, Faculty Fellow of the Lauterpacht Research Centre for International Law University of Cambridge
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10 - The application of the European Convention on Human Rights during an international armed conflict
pp 185-208
- By Peter Rowe, Professor of Law Lancaster University
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11 - Regional organizations and the promotion and protection of democracy as a contribution to international peace and security
pp 209-234
- By Richard Burchill, Director McCoubrey Centre of International Law, University of Hull
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12 - Self-defence, Security Council authority and Iraq
pp 235-264
- By Nigel D. White, Professor International Organisations in the School of Law University of Nottingham
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13 - International law and the suppression of maritime violence
pp 265-285
- By Scott Davidson, Professor University of Canterbury New Zealand
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14 - Law, power and force in an unbalanced world
pp 286-313
- By Justin Morris, Senior Lecturer University of Hull
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Bibliography of Hilaire McCoubrey's work
pp 314-316
- By Richard Burchill, Director McCoubrey Centre of International Law University of Hull, Nigel D. White, Professor University of Nottingham, Justin Morris, Lecturer University of Hull
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Index
pp 317-328
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References

Bibliography of Hilaire McCoubrey's work

Books

Regional Peacekeeping in the Post Cold-War Era (Kluwer, 2000) with Morris, J.

A Text Book on Jurisprudence (3rd edn, Blackstone Press, 1999) with White, N.

International Humanitarian Law: The Regulation of Armed Conflicts (1st edn, Dartmouth, 1990)

International Humanitarian Law: Modern Developments in the Limitation of Warfare (2nd edn, Dartmouth, 1998)

The Obligation to Obey in Legal Theory (Dartmouth, 1997)

The Blue Helmets: Legal Regulation of United Nations Military Operations (Dartmouth, 1996) with White, N.

International Organisations and Civil Wars (Dartmouth, 1995) with White, N.

International Law and Armed Conflict (Dartmouth, 1992) with White, N.

Effective Planning Appeals (BSP Professional, 1988)

The Development of Naturalist Legal Theory (Croom Helm, 1987)

Edited collections

Reflections on Law and Armed Conflicts: The Selected Works on the Laws of War by the late Professor Colonel G. I. A. D. Draper (Kluwer, 1998) with Meyer, M.

Articles

‘From Nuremberg to Rome: Restoring the Defence of Superior Orders’, (2001) 50 International and Comparative Law Quarterly386

‘The Protection of Creed and Opinion in the Laws of Armed Conflict’, (2000) 5 Journal of Conflict and Security Law135

‘International Law, International Relations and the Development of European Collective Security’, (1999) 4 Journal of Armed Conflict Law195 with Morris, J.

‘International Security, the United Nations and the Post-Cold War Era’, (1999) 26 Journal of Malaysian and Comparative Law193 with Morris, J. C.

‘Kosovo, NATO and International Law’, (1999) 14 International Relations29

‘Regional Peacekeeping in the Post Cold-War Era’, (1999) 6 International Peacekeeping129 with Morris, J. C.

‘Medical Ethics and the Laws of Armed Conflict’, (1998) 3 Journal of Armed Conflict Law133 with Gunn, M.

‘War Crimes Jurisdiction and a Permanent International Criminal Court: Advantages and Difficulties’, (1998) 3 Journal of Armed Conflict Law9

‘Due Process and British Courts Martial: A Commentary upon the Findlay Case’, (1997) 2 Journal of Armed Conflict Law83

‘The Concept and Treatment of War Crimes’, (1996) 1 Journal of Armed Conflict Law121

‘Before “Geneva” Law: a British Surgeon in the Crimean War’, (1995) 304 International Review of the Red Cross69

‘Medical Ethics, Negligence and the Battlefield’, (1995) 34 La Revue de Droit Militaire et de Droit de la Guerre103

‘International Law and National Contingents in UN Forces’, (1994) 12 International Relations39

‘Security, Planning Regulation and Defence Establishments’, (1994) Journal of Planning and Environmental Law1075

‘The Armed Conflict in Bosnia and Proposed War Crimes Trials’, (1993) 11 International Relations411

‘The Laws of Armed Conflict and United Nations Forces: Regulation Military Action for Peace’, (1993) 20 Journal of Malaysian and Comparative Law59

‘War Crimes: the Criminal Jurisprudence of Armed Conflict’, (1992) 31 Revue de Droit Militaire et de Droit de la Guerre167

‘Yugoslavia at War: International Laws of Armed Conflict and the Yugoslav Crisis’, (1992) 136 Solicitors' Journal914

‘International Law and the Use of Force in the Gulf’, (1991) 10 International Relations347 with White, N. D.

‘The Nature of the Modern Doctrine of Military Necessity’, (1991) 30 Revue de Droit Militaire et de Droit de la Guerre217

‘Rules of Engagement’, (1990) New Law Journal1527

‘The English Model of Planning Legislation in Developing Countries’, (1988) 10 Third World Planning Review371

‘Councillor's Rights of Access to Confidential Information’, (1983) 127 Solicitors' Journal6

‘Councillor's Access to Confidential Information’, (1983) 127 Solicitors' Journal739

‘Rights of Action to Seek Continuance of Local Authority Policies’, (1982) New Law Journal491

‘Countryside Conservation and the Wildlife and Countryside Act 1981’, (1982) New Law Journal826

‘The Reform of the Russian Legal System under Alexander II’, (1980) 24 Renaissance and Modern Studies115

Chapters

‘Collective Regional Security and Evolving Methods of Dealing with Confrontations’, in Harding, C. and Lim, C. L., Renegotiating Westphalia: Essays and Commentary on the European and Conceptual Foundations of Modern International Law (Martinus Nijhoff, 1999), p. 97

‘Natural Law, Religion and the Development of International Law’, in Janis, M. and Evans, C., Religion and International Law (Martinus Nijhoff, 1999), p. 177

‘Giving Legal Evidence in Proliferation Cases’, in Dahlitz, J., Future Legal Restraints on Arms Proliferation: Arms Control and Disarmament Law (United Nations Publishing, 1996), p. 125 with F. Hampson

‘The Regulation of Biological and Chemical Weapons’, in Fox, H. and Meyer, M., Armed Conflict and the New Law, vol. 2, Effecting Compliance (BIICL, 1993), p. 123

‘The Wounded and the Sick’ and ‘Civilians in Occupied Territories’, in Rowe, P., The Gulf War 1990–91 in International and English Law (Routledge, 1993), pp. 171 and 205

Other papers

‘International Laws of Armed Conflict: Practical Prescriptions of Dangerous Utopia?’, University of Hull Inaugural Lecture, 5 March 1996 (University of Hull Press, 1996)

Protection of Creed and Opinion in the Laws of Armed Conflict (University of Nottingham Research Papers in Law No. 7, 1993)

The Idea of War Crimes and Crimes Against Peace Since 1945 (University of Nottingham Research Papers in Law No. 2, 1992)

Law Reform in Late Imperial Russia: A Legal History with Modern Implications? (University of Nottingham Department of Law, 1994)

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International Conflict and Security Law

Essays in Memory of Hilaire McCoubrey

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Contents

Frontmatter
pp i-iv

Contents
pp v-vii

Biography of Hilaire McCoubrey
pp viii-x

Notes on contributors
pp xi-xv

Foreword: There are men too gentle to live among wolves
pp xvi-xviii

List of abbreviations
pp xix-xx

1 - Hilaire McCoubrey and international conflict and security law
pp 1-20

2 - The development of operational law within Army Legal Services
pp 21-31

3 - Reflections on the relationship between the duty to educate in humanitarian law and the absence of a defence of mistake of law in the Rome Statute of the International Criminal Court
pp 32-48

4 - Superior orders and the International Criminal Court
pp 49-67

5 - Command responsibility: victors' justice or just desserts?
pp 68-83

6 - The proposed new neutral protective emblem: a long-term solution to a long-standing problem
pp 84-107

7 - Towards the unification of international humanitarian law?
pp 108-128

8 - Of vanishing points and paradoxes: terrorism and international humanitarian law
pp 129-159

9 - What is a legitimate military target?
pp 160-184

10 - The application of the European Convention on Human Rights during an international armed conflict
pp 185-208

11 - Regional organizations and the promotion and protection of democracy as a contribution to international peace and security
pp 209-234

12 - Self-defence, Security Council authority and Iraq
pp 235-264

13 - International law and the suppression of maritime violence
pp 265-285

14 - Law, power and force in an unbalanced world
pp 286-313

Bibliography of Hilaire McCoubrey's work
pp 314-316

Index
pp 317-328

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International Conflict and Security Law

Essays in Memory of Hilaire McCoubrey

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