Description
Book SynopsisWritten by a former military lawyer, the book will be of interest to military commanders, their staff and legal advisers but also to officials in Foreign and Defence Ministries and non governmental agencies working in conflict situations, as well as staff of international courts and tribunals dealing with war crimes. -- .
Table of Contents1 General principles
Armed conflict
Military necessity
Humanity
Rule of distinction
Civilians and combatants
Taking a direct part in hostilities
Civilian property and military targets
Civilians and civilian objects protected
Rule of proportionality
Indiscriminate attacks
Customary law
Treaty law
Definition of attack
2 Enemy armed forces
I Good faith
Who is a member of the enemy armed forces?
Child fighters
Perfidy and ruses of war
Perfidy
Ruses of war
Difference between perfidy and ruses of war
Tactics: ambush, sniping, sabotage
Uniform
Use of enemy uniform
Misuse of emblems
Intelligence gathering
Assassination
Outlawry
Psychological warfare
II Humanity
Attacking food and water used by members of enemy armed forces
Surrender
Safeguard of persons hors de combat
Occupants of aircraft and vehicles
Quarter
Unusual conditions of combat
Wounded, sick and dead
Prisoners of war
Humane treatment
Maintenance and medical treatment
Searching
Security
Interrogation
Evacuation
3 Wounded, sick and shipwrecked
The Geneva emblem
Objects of protection
The wounded, sick, shipwrecked, dead and missing
Medical units
Medical personnel
Protection
Identification
Retained personnel
Use of arms
Duties
Medical installations and equipment
Medical transports
General protection
Medical aircraft
Medical ships and craft
Neutrality law and the wounded and sick
Religious personnel
Hospital and safety zones
4 Military objectives
Current Law
The Gulf war 1991
Kosovo 1999
A reappraisal of the definition of military objectives?
Afghanistan 2001
Iraq 2003
Television stations as targets
Conclusions
Examples of military objectives
Objects protected from attack
5 Precautions in attack
The Hague Regulations
Destruction or damage
Non-combatants
Warnings
Assault
Bombardment
Necessary steps
Precautions
Air Warfare Rules
Greco-German Mixed Arbitral Tribunal
Second World War Practice
Air warfare
Monte Cassino
Events From 1945 to1977
Current Law
Precautions in attack
‘Attack’ and ‘feasible’
Precautions
‘Concrete and direct’
Warning
‘Unless circumstances do not permit’
Sieges
The Gulf war 1991
Allied bombing campaign
Kosovo 1999
Air-war targeting
Afghanistan 2001
Iraq 2003
Legal responsibilities in practice
General principles
Levels of responsibility
Conclusions
Guidelines: offensive operations checklist
Practicalities
6 Precautions against the effects of attacks
Current Law
Precautions against the effects of attacks
Remove civilians and civilian objects
Avoid densely populated areas
Protect civilians
Feasible
Own territory
Using civilians to shield military objects or operations
Failure of defenders; position of attackers
Civil defence
Zones
Other protected objects
Open or undefended towns
7 Cultural property
Protected property
The Hague Regulations
Air Warfare Rules
Roerich Pact
Draft convention of 1939
Second World War practice
Cultural Property
Cultural Property Convention
Scope of application
Definition
Basic protection
Special protection
Enhanced protection
Waiver of protection
Precautions in attack
Precautions in defence
Occupation
Transports
Personnel
Protective emblem
Supervision
Enforcement
Measures for compliance
Sending and receiving states
Discussion
Cultural property and places of worship
Protocol I
Discussion
ICC Statute
Dubrovnik
Iraq
The definition of cultural property
Conclusions
8 Environmental Protection
Current Law
Property protection
Environmental protection
ENMOD Convention
Protocol I
Relationship between the ENMOD Convention and Protocol I
Other provisions of Protocol I
Particular weapons
Conventional weapons
Mines and other remnants of war
Nuclear weapons
Incendiary weapons
Chemical and biological weapons
Fuel-air explosive
Depleted uranium
Effect on neutral states
Iraq
Oil pollution
Nuclear facilities
Diverting rivers
Depleted uranium
Evaluation
Conclusions
The future
9 Belligerent occupation
I Authority over occupied territory
Transition for war fighting to occupation
Commencement of occupation
Temporary nature of occupation
Legal position of parties
Human rights law
Duties and rights of the occupying power
Duties and rights of the population
Termination of occupation
Postscript on Iraq
II Security issues
Withdrawal of right of communication
Powers relating to property
Use or requisitioning of private property?
Destruction of property
Compulsory labour
Rationing
Blockade
Evacuation
Deportations and transfers
Settlements
Reprisals
Hostage taking
Policing, riot control; resistance
Short-term detention and interrogation
Trial and punishment
Assigned residence and internment
Conditions of internment
Security barriers
10 The conduct of hostilities in internal armed conflicts
Law applicable
Existence of an armed conflict
Types of internal armed conflict
The conduct of hostilities in internal armed conflicts
Enemy armed forces
Civilian immunity
Forced movement of civilians
Military objectives and civilian objects
Precautions in attack
Precautions against the effects of attacks
` Cultural property
Environmental protection
Criminal responsibility
Belligerent reprisals
Internal armed conflicts, a summary of the rules
11 Command Responsibility
The war crimes trials
Exception for detail
Assumption of legality of orders not obviously unlawful
Duty to prevent crimes
Duty to take steps
Knowledge
Ignorance of reports
Cases where commander put on notice
Proof of knowledge, summary
Offences by persons not under command
Duty/liability
Evidence
Staff officers
Protocol I
The commander’s responsibility for war crimes committed by his subordinates (Protocol I, Art. 86, para. 2)
Duty of commanders to deal with breaches
(Protocol I, Art. 87, para. 3)
Recent developments
ICTY Statute
ICC Statute
Conclusions
Military discipline and superior orders
12 Implementation and enforcement of the law of war
I Implementation
Practice
Command influence
Reciprocity
Hostage taking prohibited
Nuremberg principles
Legal mechanisms
Belligerent reprisals
Training and dissemination
International assistance
International co-operation
Fact-finding and inquiries
International Committee of the Red Cross
Compensation
II Enforcement
War crimes and grave breaches
War crimes
Grave breaches
War crimes and internal armed conflict
Criminal responsibility
Individual criminal responsibility
Responsibility of commanders
Responsibility of states
Mental element of war crimes
Defences to war crimes charges
Accident
Duress
Ignorance of law
Mistake of fact
Superior orders
International Criminal Court
III The contribution of the military lawyer
Negotiator
Manual Writer
Instructor
Legal adviser
Some legal aspects of peace support operations
Prosecutor
Final remarks
Bibliography
