Emily Crawford - Böcker

This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. In the past 30 years, there have been several non-binding instruments created, designed as either 'best practice' guidelines, or (re)statements of applicable law. These instruments are not treaties, but they nevertheless put themselves forward as authoritative statements of what the law is and, in some instances, what the law should be. Soft law instruments can be dynamic, prompt, and responsive measures to address pressing issues in armed conflicts. By drawing on the skill of a small group of experts, these instruments can be debated and drafted in a timelier manner than if these issues were to be left to the international community of 194 States to resolve. Furthermore, because these instruments do not have to be sent for debate to an international conference of States, it means that the provisions are not subject to the usual revisions, reservations, and dilutions that come with attempting to reach consensus. However, there are potential and actual problems with these instruments and the processes that bring them to fruition, and how they are received in practice by States and other stakeholders. This volume looks at the benefits and drawbacks for States and non-State actors with regards to soft law, whether they are effective additions to the law of armed conflict, analysing the development through the lens of theories of legitimacy and legality in international law.

This book makes the case for eliminating the distinction between types of armed conflict under international humanitarian law (IHL), specifically as they apply to persons taking a direct part in the hostilities - be they soldiers or insurgents. Currently, IHL makes a distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. The regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This bifurcation of the law was logical at the time the Geneva Conventions of 1949 were drafted and adopted, as the majority of armed conflicts prior to that point had been international in character. However, in the years following the adoption of the Conventions, there has been a proliferation of non-international armed conflicts, which presents challenges to a body of law that has few tools to adequately address such occurrences. The adoption of the Additional Protocols in 1977 went some way to addressing the legal lacunae that existed, but significant gaps still remain. Mindful of this history, this book tracks the growth and evolution of the laws of armed conflict in the modern era, since the first document of the laws of war produced for the American Civil War. In doing so, this book demonstrates how the law of armed conflict has become increasingly harmonised in its application, with more rules of IHL being generally applicable in all instances of armed conflict, regardless of characterisation. This book then makes the argument that the time has come for the final step to be taken, the elimination of the distinction between types of armed conflict, and the complete harmonisation of the laws of war. Focusing specifically on the issue of combatants and POWs in armed conflicts, and drawing on the recent US treatment of detainees in Guantanamo Bay in the "War on Terror", this book draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied.

Over the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are.Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.

Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law - including treaties, use of force and dispute settlement - this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.

The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic and relevant areas of law today. Now in its third edition, this textbook provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering students and teachers a comprehensive and logical discussion and analysis of the law. The textbook contains detailed examples, extracts from relevant cases, and useful discussion questions and a recommended reading list for each chapter, to help students and teachers alike engage with the subject matter, and grasp how the theory and the practice interact. Developing and emerging trends in theory and practice of international humanitarian law are also explored and examined, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.

The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic and relevant areas of law today. Now in its third edition, this textbook provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering students and teachers a comprehensive and logical discussion and analysis of the law. The textbook contains detailed examples, extracts from relevant cases, and useful discussion questions and a recommended reading list for each chapter, to help students and teachers alike engage with the subject matter, and grasp how the theory and the practice interact. Developing and emerging trends in theory and practice of international humanitarian law are also explored and examined, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.