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Law on the battlefield / A.P.V. Rogers.

By: Series: Melland Schill studies in international lawPublisher: Manchester : Manchester University Press, [2012]Distributor: New York: Distributed exclusively in the USA and Canada by Palgrave MacmillanEdition: Third editionDescription: xxv, 402 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9780719082184 (pbk.)
Subject(s): DDC classification:
  • 341.63 ROG
LOC classification:
  • KZ6385 .R64 2012
Contents:
Table of contents 1General 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
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"The first edition was jointly awarded the Paul Reuter Prize 1997 by the International Committee of the Red Cross."

Includes bibliographical references (p. [375]-391) and index.

Table of contents
1General 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

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