Wolff Heintschel von Heinegg - Böcker

The applicability of international humanitarian law requires the existence of an armed conflict that is either international or non-international in character. Accordingly, the concept of armed conflict (as well as the related notion of war) and its temporal and material limits are the focus of the reprinted essays which open this volume. Subsequent articles address highly contentious issues regarding the relationship between the jus in bello and international humanitarian law on the one hand, and the jus ad bellum and international human rights law on the other, as well as the closely related principle of the equal application of international humanitarian law. In the light of contemporary conflicts, essays consider the legal position of States that have chosen not to become a party to an ongoing international armed conflict (law of neutrality) as well as the question of whether and to what extent international humanitarian law provides rules governing counter-terrorism operations, that is, the 'global war on terror'. Taken together, these essays provide a comprehensive analytical survey of the scope and applicability of international humanitarian law.

The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.

This volume is the first of two addressing the legal regime governing the use of force during armed conflicts. Traditionally labeled 'Hague Law', today the norms it examines are commonly referred to as 'conduct of hostilities rules'. At the heart of this body of law is the principle of distinction, which requires that civilians and civilian objects be distinguished from combatants and military objectives during military operations. It is the purest expression of the foundational balance between humanitarian considerations and military necessity that has underpinned international humanitarian law since its inception. The essays selected consider the theoretical and practical difficulties of maintaining the balance in the face of evolving means and methods of warfare and competing perspectives as to how it is best achieved. Also addressed is the law governing warfare at sea and in the air. Essays focusing on the former examine early norms and analyze their continuing relevance to today's maritime operations whilst those exploring the latter inject much needed clarity into the subject, an essential task in light of the centrality of aerial warfare in modern combat operations.

The essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law's protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law's adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy, a violation of the law that weaker parties in asymmetrical conflicts are increasingly adopting as an operational tactic.

Detention and occupation are two challenging aspects of international humanitarian law in 21st century warfare. The essays selected for this volume examine the historical foundations of these issues, as well as the contemporary practices surrounding them. Detention law was prominently codified in the 1949 Third and Fourth Geneva Conventions, but has been criticized as inadequate in the face of 'new wars' involving non-State actors such as insurgents and terrorists. These essays not only explore historically problematic detention issues like repatriation and the protecting powers regime, but also question whether the extant law suffices to ensure a proper balance between humanitarian considerations and a detaining State's security concerns. Occupation law was originally designed for temporary occupations that maintained the occupied State's institutions pending return of full authority, but has been tested by recent occupations which are often prolonged and which sometimes seek to 'transform' occupied States previously governed by undemocratic and abusive regimes. The essays demonstrate that these are not novel issues and consider how they were handled in the past. They also assess various perspectives as to the purposes and limits of occupation, especially in the face of modern imperatives such as human rights.

The essays selected for this volume explore the entire range of issues related to the question of how to implement and enforce international humanitarian law. Measures of self-help that used to play a key role in past international armed conflicts, especially reprisals, have increasingly been outlawed, and thus the enforcement of international humanitarian law has now to be achieved by other means, including criminal proceedings against those who have seriously (or gravely) committed war crimes. Accordingly, the concept of grave breaches, the universality principle and international criminal law are dealt with extensively in this collection. Finally, the volume includes an examination of the practice of 'lawfare' (an abuse of international humanitarian law for military or political purposes) which has proven increasingly effective in contemporary armed conflict.

This book provides a uniquely clear and comprehensive statement of the law on nuclear weapons. It draws on the insight and input of a group of 15 experts from around the world and in so doing crafts an authoritative text that sets out not only the positions of a number of states but a carefully articulated guide to this complex area of law.Building upon the platform of Boothby and Heintschel von Heinegg’s earlier work, this book addresses in much greater depth and detail, and with the authority endowed by the team of experts, how international law deals with the possession and use of nuclear weapons, as well as the deterrence policies associated with them. It presents an in-depth exploration of the law, detailing its implications and providing practical guidance on challenging issues. The book examines sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law, and war crimes, considering the impact of recent events and trends.Key Features:Provides a clear and comprehensive statement of the law on nuclear weaponsDiscusses implications for nuclear command, control and communication policiesFeatures systematic coverage of the national doctrines of nuclear weapon StatesSets out 76 customary rules with commentary that articulate the scope of the fieldExplains non-proliferation and prohibition treaties and compares their approachesDocuments the conflicting views of nuclear deterrent States and prohibitionist States, as well as the judgement of the International Court of JusticeReflecting the complexities of nuclear weapons law in an objective and accessible manner, this book is an essential resource for legal practitioners in public international law and terrorism and security law, as well as government and military decision makers, nuclear policymakers, think tanks, and NGOs.

In 2015, the United States Department of Defense published its long-awaited Law of War Manual making a significant statement on the position of the US government on important military matters. Whilst readers recognise the Manual's legal and strategic importance, they may question whether particular statements of law are legally accurate or complete. This book offers a unique in-depth review of the complete Manual, including revisions, on a paragraph-by-paragraph, line-by-line and word-by-word basis. The authors offer their personal assessment of the DoD's declared view as to the law that regulates the conduct of warfare, a subject of unparalleled current importance. William H. Boothby and Wolff Heintschel von Heinegg offer a balanced, articulate and authoritative critique for readers perusing the Manual in whatever capacity.

In 2015, the United States Department of Defense published its long-awaited Law of War Manual making a significant statement on the position of the US government on important military matters. Whilst readers recognise the Manual's legal and strategic importance, they may question whether particular statements of law are legally accurate or complete. This book offers a unique in-depth review of the complete Manual, including revisions, on a paragraph-by-paragraph, line-by-line and word-by-word basis. The authors offer their personal assessment of the DoD's declared view as to the law that regulates the conduct of warfare, a subject of unparalleled current importance. William H. Boothby and Wolff Heintschel von Heinegg offer a balanced, articulate and authoritative critique for readers perusing the Manual in whatever capacity.

This volume is the first of two addressing the legal regime governing the use of force during armed conflicts. Traditionally labeled 'Hague Law', today the norms it examines are commonly referred to as 'conduct of hostilities rules'. At the heart of this body of law is the principle of distinction, which requires that civilians and civilian objects be distinguished from combatants and military objectives during military operations. It is the purest expression of the foundational balance between humanitarian considerations and military necessity that has underpinned international humanitarian law since its inception. The essays selected consider the theoretical and practical difficulties of maintaining the balance in the face of evolving means and methods of warfare and competing perspectives as to how it is best achieved. Also addressed is the law governing warfare at sea and in the air. Essays focusing on the former examine early norms and analyze their continuing relevance to today's maritime operations whilst those exploring the latter inject much needed clarity into the subject, an essential task in light of the centrality of aerial warfare in modern combat operations.

The essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law's protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law's adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy, a violation of the law that weaker parties in asymmetrical conflicts are increasingly adopting as an operational tactic.

Detention and occupation are two challenging aspects of international humanitarian law in 21st century warfare. The essays selected for this volume examine the historical foundations of these issues, as well as the contemporary practices surrounding them. Detention law was prominently codified in the 1949 Third and Fourth Geneva Conventions, but has been criticized as inadequate in the face of 'new wars' involving non-State actors such as insurgents and terrorists. These essays not only explore historically problematic detention issues like repatriation and the protecting powers regime, but also question whether the extant law suffices to ensure a proper balance between humanitarian considerations and a detaining State's security concerns. Occupation law was originally designed for temporary occupations that maintained the occupied State's institutions pending return of full authority, but has been tested by recent occupations which are often prolonged and which sometimes seek to 'transform' occupied States previously governed by undemocratic and abusive regimes. The essays demonstrate that these are not novel issues and consider how they were handled in the past. They also assess various perspectives as to the purposes and limits of occupation, especially in the face of modern imperatives such as human rights.

The essays selected for this volume explore the entire range of issues related to the question of how to implement and enforce international humanitarian law. Measures of self-help that used to play a key role in past international armed conflicts, especially reprisals, have increasingly been outlawed, and thus the enforcement of international humanitarian law has now to be achieved by other means, including criminal proceedings against those who have seriously (or gravely) committed war crimes. Accordingly, the concept of grave breaches, the universality principle and international criminal law are dealt with extensively in this collection. Finally, the volume includes an examination of the practice of 'lawfare' (an abuse of international humanitarian law for military or political purposes) which has proven increasingly effective in contemporary armed conflict.

This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.

This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities – the “dehumanization of warfare.” This raises the question of whether and how today’s law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.

This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare. The increasing involvement of unmanned means and methods of warfare can lead to a total removal of humans from the navigation, command and decision-making processes in the control of unmanned systems, and as such away from participation in hostilities – the “dehumanization of warfare.” This raises the question of whether and how today’s law is suitable for governing the dehumanization of warfare effectively. Which rules are relevant? Do interpretations of relevant rules need to be reviewed or is further and adapted regulation necessary? Moreover, ethical reasoning and computer science developments also have to be taken into account in identifying problems. Adopting an interdisciplinary approach the book focuses primarily on international humanitarian law, with related ethics and computer science aspects included in the discussion and the analysis.

Recent armed conflicts, whether international or non-international in character, are in many respects characterized by a variety of asymmetries. These asymmetries may be overstressed, sometime even abused, and ultimately virtually meaningless. Still, either as such or in conjunction with other developments, they seem to challenge the law of armed conflicts or: international humanitarian law. These challenges may very well compromise the very function of that body of law, which is to mitigate as far as possible the calamities of war. Thus, the law of armed conflict may be deprived of its fundamental function as an order of necessity because its legally binding directives will increasingly be disregarded for the sake of allegedly superior values.In order to discuss these and other questions a most distinguished group of experts in the field of the law of armed conflicts gathered in Berlin in June 2005. The goal of that colloquium, which marked the 70th birthday of Knut Ipsen, was to find operable solutions for problems and challenges the contemporary law of armed conflict is confronted with.With contributions by Bill Boothby, Michael Bothe, Yoram Dinstein, Knut Dörmann, Charles J. Dunlap Jr., Volker Epping, Dieter Fleck, Steven Haines, Wolff Heintschel von Heinegg, Hans-Joachim Heintze, Rainer Hofmann, Frits Kalshoven, Stefan Oeter, W. Hays Parks, Michael Schmitt, Torsten Stein, and Andreas Zimmermann.