Nature of International Humanitarian Law

Anne Quintin, Head of the Advisory Service on International Humanitarian Law, International Committee of the Red Cross

'At a critical moment for IHL, Dr. Quintin's monograph presents an all-too-rare find: it asks big and important questions and tackles them through sharp doctrinal and practical analysis. She frames key questions concerning the fundamental nature of the law governing war and masterfully draws out linkages between IHL, jus ad bellum, and international human rights law. In doing so, Dr. Quintin reveals that how these questions are ultimately answered will shape the future and fate of this body of law.'--Naz Modirzadeh, Harvard Law School Program on International Law and Armed Conflict, US'IHL governs organized human behavior in its basest form - war. This being so, understanding the nature of this unique body of law would seem fundamental, yet discussion has long been beset by a binary debate over whether it is restrictive or permissive in character. In this sophisticated and incisive book, Anne Quintin takes on this persistent controversy, providing readers a ''palette of nuance'' that makes possible a coherent and internally consistent framework for analysis by both scholars and practitioners. The Nature of International Humanitarian Law is a ''must read'' for experts in the field.'--Michael Schmitt, University of Reading School of Law, UK

• Contents: Foreword Introduction PART I: Nature of International Humanitarian Law: restrictive or permissive? 1. Authority under IHL: what are we looking for? 2. Jus ad bellum and jus in bello 3. The principle of military necessity: restrictive or permissive? 4. Permissive Hague Law versus restrictive Geneva Law? 5. Overall Function of IHL PART II: The authority to intern during armed conflict 6. The authority to intern prisoners of war in international armed conflict 7. The authority to intern protected civilians in international armed conflict 8. The authority to intern in non-international armed conflict 9. The authority to intern in armed conflict and the right to liberty under IHRL PART III: The authority to target persons during armed conflict 10. The authority to target persons under IHL 11. The principle of proportionality under IHL: authority to launch attacks expected to cause non-excessive civilian losses? 12. The authority to target in armed conflict and the right to life under IHRL Conclusions Index