International humanitarian law

목차 (Table of Contents)

• CONTENTS
• Preface to the Second Edition = xv
• Preface to the First Edition = xvii
• Table of Cases = xix
• Tables of Treaties, Legislation and Other Instruments = xxii
• List of Abbreviations = xxvii
• Introduction = 1
• 1 Historical Development of International Humanitarian Law = 4
• 1 Introduction = 4
• 2 Henri Dunant and the Battle of Solferino = 5
• 3 The 1864 Geneva Convention = 6
• 4 The Lieber Code 1863 = 7
• 5 The 1868 St Petersburg Declaration = 8
• 6 The 1868 Additional Articles, 1874 Brussels Declaration, 1880 Oxford Manual = 9
• 7 The 1899 and 1907 Hague Conventions = 10
• 8 The 1949 Geneva Conventions = 14
• a Common Article 3 = 16
• 9 The 1977 Additional Protocols = 16
• a Additional Protocol I, Wars of National Liberation, and Guerrilla Fighters = 17
• b Additional Protocol II = 18
• 10 Other IHL Instruments = 19
• 11 The Development of International Criminal Law : the ICTY and ICTR, the ICC, and the Hybrid and Ad Hoc Courts and Tribunals = 19
• a The International Criminal Court = 21
• b The Ad Hoc Criminal Tribunals for the Former Yugoslavia and Rwanda = 23
• c Hybrid and Ad Hoc Courts and Tribunals = 25
• 12 Conclusion = 28
• 2 The Contemporary Legal Basis of International Humanitarian Law and Its Fundamental Principles = 30
• 1 Introduction = 30
• 2 The Law of Armed Conflict : Purpose, Concepts, Scope, Application = 30
• a The Separation of Jus Ad Bellum and Jus In Bello = 31
• b Hague Law and Geneva Law = 33
• c Terminology : Wars vs Armed Conflicts, Law of Armed Conflict vs International Humanitarian Law = 33
• d Scope and Application of the Law of Armed Conflict = 35
• 3 Sources of the Law of Armed Conflict = 37
• a Treaties = 38
• b Custom = 39
• c Other Sources : Soft Law = 41
• 4 The Fundamental Principles of the Law of Armed Conflict = 42
• a The Principle of Distinction = 43
• b The Principle of Military Necessity = 45
• c The Principle of Proportionality = 46
• d The Prohibition on Causing Unnecessary Suffering and Superfluous Injury = 47
• e The Principle of Neutrality = 48
• f The Principle of Humanity = 49
• 5 Conclusion = 51
• 3 Types of Armed Conflicts = 54
• 1 Introduction = 54
• 2 International Armed Conflicts = 55
• a Common Article 2 Armed Conflicts = 55
• b Wars of National Liberation = 58
• 3 Non-International Armed Conflicts = 62
• a Common Article 3 Armed Conflicts = 64
• b Additional Protocol II Armed Conflicts = 71
• 4 Internationalised and 'Transnational' Armed Conflicts = 76
• a Internationalised Armed Conflicts = 77
• b 'Transnational' Armed Conflicts = 84
• c 'De-Internationalised' Armed Conflicts = 91
• 5 Conclusion = 92
• 4 Individual Status in Armed Conflict : Combatants, Non-Combatants, Direct Participation in Hostilities, Prisoners of War and Detention in Non-International Armed Conflict = 96
• 1 Introduction = 96
• 2 Combatant Status : Criteria, Privileges and Responsibilities = 97
• a Early Rules on Combatant Status : the US Civil War to the Geneva Conventions of 1949 = 98
• 3 The Current Law Regarding Combatant Status = 98
• a Members of the Armed Forces = 99
• b Partisan and Resistance Fighters = 99
• c National Liberation and Guerrilla Fighters under Protocol I = 102
• d Levée en Masse = 104
• e Participants in Non-International Armed Conflicts = 105
• 4 Non-Combatants Entitled to POW Status and Treatment = 105
• 5 Irregulars in Hostilities Not Entitled to Combatant Status = 106
• a Spies = 106
• b Mercenaries = 108
• c 'Unlawful' Combatants = 110
• d Private Military and Security Contractors = 114
• e Civilians Taking Direct Part in Hostilities = 119
• 6 Prisoner of War Status = 123
• a Determining POW Status = 123
• b Treatment of POWs = 124
• 7 Detention in Non-International Armed Conflicts = 128
• 8 Conclusion = 132
• 5 Protection of the Wounded, Sick and Shipwrecked = 135
• 1 Introduction = 135
• 2 The Origins of the Protection of the Hors de Combat in Armed Conflict = 135
• 3 The Rules Regarding Respect for and Care of the Wounded, Sick and Shipwrecked = 136
• a In International Armed Conflicts = 136
• b In Non-International Armed Conflicts = 139
• 4 Provisions on the Dead and Missing = 141
• 5 Medical Personnel and the Protection of Medical Goods and Objects, Including Hospitals, Ambulances and Hospital Ships = 143
• a Medical and Religious Personnel = 143
• b Medical Goods and Objects, Including Hospitals, Ambulances and Hospital Ships = 145
• 6 The Protective Emblems : the Red Cross, Red Crescent and Red Crystal = 147
• a Background to the Adoption of the Emblems : the Red Cross = 147
• b The Red Crescent = 149
• c The Red Shield of David = 151
• d The Red Crystal = 153
• e Substance of the International Law on the Distinctive Emblems = 154
• 7 Conclusion = 155
• 6 The Law of Occupation and the Protection of Civilians = 159
• 1 Introduction = 159
• 2 General Protections for Civilians = 160
• 3 The Historical Development and Philosophical Underpinnings of the Modern Law of Occupation = 162
• 4 Occupation, Protected Persons and Persons Deprived of Their Liberty = 164
• a When Is Territory Occupied? = 164
• b End of Occupation = 165
• c Administration of Occupied Territory = 166
• d Rules on Protected Persons and Persons Deprived of Their Liberty = 168
• e Problems Regarding Long-Term Occupation = 174
• 5 Rules on the Treatment of Civilians in Non-international Armed Conflicts = 179
• 6 Conclusion = 181
• 7 Targeting = 185
• 1 Introduction = 185
• 2 The Philosophical Underpinnings of the Law of Targeting = 186
• 3 The Basic Rule : Article 48 of Additional Protocol I = 187
• 4 Military Objects and Objectives = 188
• a 'Objects' and 'Objectives' = 189
• b Nature, Location, Purpose, Use = 190
• c Destruction, Capture or Neutralisation = 191
• d Circumstances Ruling at the Time = 192
• e Definite Military Advantage = 193
• 5 Additional Rules on Targeting Military Objectives = 194
• a Indiscriminate Attacks = 194
• b Proportionality = 196
• c Precautions in Attack and Defence = 197
• 6 Specific Rules on Targeting Certain Types of Objects = 201
• a Cultural Property = 201
• b The Environment = 206
• c Medical Facilities = 208
• d Works and Installations Containing Dangerous Forces = 208
• e Objects Necessary for the Survival of the Civilian Population = 210
• f Civil Defence, Non-Defended Localities and Demilitarised Zones = 211
• 7 Dual-Use Objects : a New Category in the Law of Targeting? = 213
• 8 A Note on the Law of Targeting in Non-International Armed Conflicts = 214
• 9 Conclusion = 216
• 8 Means and Methods of Warfare = 223
• 1 Introduction = 223
• 2 The General Rules : the Prohibitions on Causing Unnecessary Suffering and Superfluous Injury, and on Indiscriminate Means and Methods = 223
• 3 The Obligation to Assess the Legality of New Means and Methods of Warfare = 227
• 4 Specifically Prohibited Weapons and Restricted Weapons = 228
• a Explosive and Dum-Dum Bullets = 228
• b Mines and Booby-Traps = 229
• c Incendiary Weapons = 234
• d Non-Detectable Fragments = 234
• e Blinding Laser Weapons = 235
• f Explosive Remnants of War = 236
• g Cluster Munitions = 236
• h Chemical Weapons and Poison = 238
• 5 Prohibited Methods of Warfare = 241
• a Orders of 'No Quarter' = 241
• b Perfidy = 242
• c Siege Warfare and Starvation of Civilians = 243
• d Pillage = 245
• e Other Rules Relating to Methods of Warfare = 246
• 6 Means and Methods of Warfare of Indeterminate or Contested Status = 249
• a Depleted Uranium = 250
• b White Phosphorus = 251
• c Nuclear Weapons = 253
• d Cyber Warfare = 257
• e Targeted Killing and Drone Warfare = 260
• f Autonomous Weapons = 264
• 7 Conclusion = 266
• 9 Implementation, Enforcement and Accountability = 270
• 1 Introduction = 270
• 2 Common Article 1 : the Obligation to Ensure Respect = 270
• 3 Measures to Be Taken in Peacetime = 273
• a Dissemination to the Armed Forces = 273
• b Dissemination to Civil Society = 274
• c Implementation into Domestic Legislation = 275
• 4 Role of the Protecting Powers and the International Committee of the Red Cross = 275
• 5 The International Humanitarian Fact-Finding Commission = 279
• 6 Accountability through International Criminal Law = 280
• a Individual Responsibility for Violations of the Laws of Armed Conflict = 280
• b Command Responsibility = 284
• 7 The International Criminal Court, the International Tribunals and the Hybrid and Internationalised Courts = 287
• 8 Reparations for Violations of the Law of Armed Conflict = 289
• 9 The Role of the United Nations and International and Non-Governmental Organisations = 290
• 10 Implementation, Enforcement and Accountability in Non-International Armed Conflicts = 292
• a What Law Applies? = 293
• b To Whom Does the (NIAC) Law Apply? = 294
• c Implementation, Enforcement and Accountability = 298
• 11 Conclusion = 301
• 10 Conclusions= 306
• Bibliography = 308
• Index = 332