The Oxford Handbook of International Law in Armed Conflict

Edited by Andrew Clapham and Paola Gaeta

Oxford Handbooks

Provides an authoritative overview of key topics related to the application of international law in armed conflict
Examines different branches of international law, including humanitarian law, human rights law, refugee law, and the law of neutrality
Features essays by leading scholars and practitioners with an emphasis on understanding key concepts and analysing emerging problems related to terrorism, new types of weapons, international criminal law, and the interaction between humanitarian law and human rights law

The Oxford Handbook of International Law in Armed Conflict

Edited by Andrew Clapham and Paola Gaeta

Description

Which human rights violations or war crimes allegations result in exclusion from the refugee regime? What human rights protections apply to someone declared an unlawful combatant? Which human rights obligations apply to the actions of armed forces acting abroad? Over the past ten years the content and application of international law in armed conflict has changed dramatically. An authoritiative and comprehensive study of the role of international law in armed conflicts, this Oxford Handbook engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, this book has a global, multi-disciplinary perspective on the place of law in war.

The Handbook consists of 35 Chapters in seven parts. Part A provides the historical background and sets out some of the contemporary challenges. Part B considers the relevant sources of international law. Part C describes the different legal regimes: land warfare, air war fare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part D introduces crucial concepts in international humanitarian law: weapons and the concepts of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, and internal armed conflict. Part E looks at fundamental rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, the human rights of the members of the armed forces, and the protection of children. Part F covers important issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, refugee law, and the issues of gender in times of armed conflict. Part G deals with accountability issues including those related to private security companies and armed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice.

The Oxford Handbook of International Law in Armed Conflict

Edited by Andrew Clapham and Paola Gaeta

Oxford Handbooks

Preface
I. Introduction
1. Current Challenges to International Humanitarian Law, A. Cassese
2. The Role of the International Committee of the Red Cross, J. Kellenberger
II. Sources
3. Customary Humanitarian Law Today: From the Academy to the Court Room, T. Meron
4. Treaties for Armed Conflict, R. Kolb & K. Del Mar
III. Legal Regimes
5. Land Warfare, Y. Sandoz
6. Air Warfare, M. Schmitt
7. Maritime Warfare, W.H. von Heinegg
8. The Law of Occupation, P. Spoerri
9. The Law Applicable to Peace Operations, D. Fleck
10. The Law of Neutrality, P. Seger
IV. Key Concepts for Humanitarian Law
11. The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack, S. Haines
12. The Principle of Distinction Between Civilians and Combatants, N. Melzer
13. Proportionality in the Law of Armed Conflict, E. Cannizzaro
14. Internal (Non-International) Armed Conflict, E. David
V. Key Rights in Times of Armed Conflict
15. The Right to Life, W.A. Schabas
16. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, M. Nowak
17. International Fair Trial Guarantees, D. Weissbrodt
18. Economic, Social, and Cultural Rights in Armed Conflict, E. Riedel
19. Protection of the Natural Environment, J.M. Henckaerts & D. Constantin
20. Protection of Cultural Property, R. O'Keefe
21. Members of the Armed Forces and Human Rights Law, P. Rowe
VI. Key Issues in Times of Armed Conflict
22. Use for Force, G. Distefano
23. Terrorism, A. Bianchi & Y. Naqvi
24. Unlawful Combatants, K. Dormann
25. Private Military and Security Companies, J. Cockayne
26. International Human Rights Law in Time of Armed Conflict, D. Jinks
27. Gender and Armed Conflict, C. Chinkin
28. Armed Conflict and Forced Migration: A Systematic Approach to International Humanitarian Law, Refugee Law, and Human Rights Law, V. Chetail
VII. Accountability/Liability for Violations of the Law in Armed Conflict
29. War Crimes and Other International 'Core' Crimes, P. Gaeta
30. Focusing on Armed Non-State Actors, A. Clapham
31. State Responsibility and the Individual Right to Compensation Before National Courts, C. Tomuschat
32. Transitional Justice, N. Michel & K. Del Mar

The Oxford Handbook of International Law in Armed Conflict

Edited by Andrew Clapham and Paola Gaeta

Oxford Handbooks

Author Information

Andrew Clapham is Professor of Public International Law at the Graduate Institute of International Studies, Geneva. Before he joined the Graduate Institute of International Studies Institute in 1997, he was the Representative of Amnesty International to the United Nations in New York. His current research relates to the role of non-state actors in international law and related questions in human rights and humanitarian law. Andrew Clapham is the Director of the Geneva Academy of International Humanitarian Law and Human Rights. His publications include Human Rights: A Very Short Introduction (2007), Human Rights Obligations of Non-State Actors (2006), and International Human Rights Lexicon (2005), with Susan Marks.

Paola Gaeta (PhD in Law, European University Institute, 1997) was Assistant Professor (1998), Associate Professor (2001) and then Tenured Professor (2001-2010) of Public International Law at the University of Florence. She is currently Tenured Professor of International Criminal Law at the Law Faculty of the University of Geneva and Adjunct Professor of International Criminal Law at the Graduate Institute for International and Development Studies. Since 2007, she is Director of the LL.M. Programme in International Humanitarian Law of the Geneva Academy of International Humanitarian Law and Human Rights and since 2011 Director of the Academy itself. She is a Member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of the European Journal of International Law. Her publications include The UN Genocide Convention: A Commentary (ed.), (2009).

Contributors:

A. Bianchi - The Graduate Institute, Geneva
E. Cannizzaro - University of Rome La Sapienza
(The late) A. Cassese - University of Florence
V. Chetail - Graduate Institute of International Development Studies, Geneva
C. Chinkin - London School of Economics
A. Clapham - Geneva Academy of International Humanitarian Law and Human Rights
J. Cockayne - United Nations University, New York
D. Constantin - Higher Regional Court of Hamburg
E. David - Brussels Free University (ULB)
K. Del Mar - 4 New Square, London
G. Distefano - University of Neuchâtel
K. Dörmann - International Committee of the Red Cross
D. Fleck - Federal Ministry of Defence, Germany (Ret'd)
P. Gaeta - Geneva Academy of International Humanitarian Law and Human Rights
T. Haeck - European Society of International Law
S. Haines - University of Greenwich, London
W.H. von Heinegg - European University Viadrina, Frankfurt
J.M. Henckaerts - International Committee of the Red Cross
D. Jinks - The University of Texas at Austin
J. Kellenberger - Federal Institute of Technology (ETH), Zurich
R. Kolb - University of Geneva
N. Melzer - Geneva Academy of International Humanitarian Law and Human Rights
T. Meron - International Criminal Tribunal for the former Yugoslavia
N. Michel - University of Geneva
Y. Naqvi - International Criminal Tribunal for the former Yugoslavia
M. Nowak - University of Vienna
R. O'Keefe - Lauterpacht Centre for International Law, University of Cambridge
A. Priddy - Geneva Academy of International Humanitarian Law and Human Rights
E. Riedel - The Graduate Institute, Geneva
P. Rowe - University of Lancaster
Y. Sandoz - International Committee of the Red Cross
W.A. Schabas - Middlesex University, London
M.N. Schmitt - United States Naval War Law College
P. Seger - Federal Department for Foreign Affairs, Switzerland
P. Spoerri - International Committee of the Red Cross
C. Tomuschat - Humboldt University Berlin
D. Weissbrodt - University of Minnesota

The Oxford Handbook of International Law in Armed Conflict

Edited by Andrew Clapham and Paola Gaeta

Oxford Handbooks

Reviews and Awards

"Clapham and Gaeta are to be congratulated for their Herculean efforts in assembling a book that fairly represents the vast disagreement and contestation that currently inhabits the legal regulation of warfare. The Handbook paints a complex picture of overlapping legal domains all pushing and competing to regulate military conduct. Whether or not this competitive process is coherent depends on which author in the Handbook is asked, a pluralism that accurately reflects the state of the field today." -AJIL, Jens David Ohlin, Cornell Law School