1st Edition

Routledge Handbook of the Law of Armed Conflict

Edited By Rain Liivoja, Tim McCormack Copyright 2016
    722 Pages
    by Routledge

    721 Pages 1 B/W Illustrations
    by Routledge

    The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest.

    The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows:

    Part I: Fundamentals

    Part II: Principle of distinction

    Part III: Means and methods of warfare

    Part IV: Special protection regimes

    Part V: Compliance and enforcement

    Part VI: Some contemporary issues

    Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances.

    The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.

    Foreword Fatou Bensouda (International Criminal Court)  Introduction Rain Liivoja and Tim McCormack (University of Melbourne) PART I: Fundamentals  1. War and Armed Conflict: The Parameters of Enquiry Dino Kritsiotis  2. The History of International Humanitarian Law Treaty-Making Frits Kalshoven  3. Conflict Characterisation Caitlin Dwyer and Tim McCormack  4. Sources of the Law of Armed Conflict Jann Kleffner  5. Basic Principles Nobuo Hayashi  6. Impact of Human Rights Law Noam Lubell and Nancie Prud’homme  PART II: Principle of Distinction  7. Combatants Emily Crawford  8. Military Objectives David Turns  9. Protection of Civilians in the Conduct of Hostilities Emanuela Chiara-Gillard  10. Direct Participation in Hostilities Michelle Lesh  PART III: Means and Methods of Warefare  11. Conventional Weapons Mirko Sossai  12. Chemical and Biological Weapons  Robert J Mathews  13. Nuclear Weapons in International Law Dieter Fleck  14. Methods of Land Warfare William J Fenrick  15. Law of Naval Warfare David Letts and Rob McLaughlin  16. Air and Missile Warfare Ian Henderson and Patrick Keane  PART IV: Special Protection Regimes  17. Detention under the Law of Armed Conflict Chris Jenks  18. Wounded and Sick, and Medical Services James P Benoit  19. Women and War Helen Durham and Eve Massingham  20. Children and the Law of Armed Conflict: Looking beyond the Protection Paradigm John Tobin and Elliot Luke  21. Cultural Property Jadranka Petrovic  22. The Protection of the Environment Roberta Arnold  23. The Protection of Humanitarian Relief: The Legal Framework Alison Duxbury  24. The Applicability of the Laws of Armed Conflict to Peacekeeping Operations Daphna Shraga  25. Occupation and Territorial Administration Eyal Benvenisti  26. Neutrality Revisited Elizabeth Chadwick  PART V: Compliance and Enforcement  27. The Role of the International Committee of the Red Cross Kelisiana Thynne  28. Reciprocity and Reprisals Shane Darcy  29. State Responsibility Charles Garraway  30. Reparations for Violations in Armed Conflict and the Emerging Practice of Making Amends Bruce Oswald and Bethany Wellington  31. Individual Liability in International Law Rob Cryer  32. Investigations under International Humanitarian Law Sasha Radin and Michael N Schmitt  33. Role of International Courts and Tribunals Jackson Nyamuya Maogoto  34. Universal Jurisdiction over War Crimes Luis Benavides  PART VI: Some contemporary issues  35. Emerging Technologies of Warfare Rain Liivoja, Kobi-Renée Leins and Tim McCormack  36. Private Military and Security Companies Nelleke van Amstel and Rain Liivoja  37. The Rule of Law in War: A Liberal Project Louise Arimatsu  Index


    Rain Liivoja is a Senior Lecturer and Society in Science – Branco Weiss Fellow at Melbourne Law School, University of Melbourne, Australia, and Affiliated Research Fellow of the Erik Castrén Institute of International Law and Human Rights, University of Helsinki, Finland.

    Tim McCormack is a Professor of Law at Melbourne Law School, University of Melbourne, Australia, and the Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court, The Hague, the Netherlands.

    "I commend the editors of this book for having asked for, gathered, stuctured and revised the voices of an impressive array of scholars from around the world, and with their help produced a significant contribution to the literature of international humanitarian law. Most chapters, in addition to accurately presenting aspects of the existing law or their application to specific problems, also address the realities of contemporary armed conflicts, in particular, those not of an international character. They also take other applicable branches of international law - such as international human rights law - fully into account. The result is both informative and thought-provoking for scholars, practitioners and advanced students." - Marco Sassòli, Professor of International Law and Director of the Department of International Law and International Organization, University of Geneva, Switzerland

    "An excellent and well structured survey of this vital area of international law, with over 40 contributors from the academy, the military, the national and international public service and civil society and from 15 or more countries. The volume provides a real sense of the application of established principle to emerging issues and of the sharp clash between humanity and military necessity in the application and development of that law." - Sir Kenneth Keith, Former Judge of the International Court of Justice, New Zealand

    "In all, the book provides a revealing and enlightening overview of the major issues which emanate from the Law of Armed Conflict, which also encompasses international law and international human rights law. Copiously footnoted with extensive tables of treaties and cases, it also offers scholars a rich source of references for further research, which means that NGOs and policy makers will also find it useful." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chamb