International Law and Armed Conflict: Exploring the Faultlines PDF
Preview International Law and Armed Conflict: Exploring the Faultlines
International Law and Armed Conflict: Exploring the Faultlines International Humanitarian Law Series VOLUME 15 Editors-in-Chief Professor Christopher Greenwood Professor Timothy L.H. McCormack Editorial Advisory Board Professor Georges Abi-Saab H.E. Judge George H. Aldrich Madame Justice Louise Arbour Professor Ove Bring Professor Antonio Cassese Professor John Dugard Professor Dr. Horst Fischer Dr. Hans-Peter Gasser Professor Leslie C. Green H.E. Judge Geza Herczegh Professor Frits Kalshoven Professor Ruth Lapidoth Professor Gabrielle Kirk McDonald H.E. Judge Theodor Meron Captain J. Ashley Roach Professor Michael Schmitt Professor Jiri Toman The International Humanitarian Law Series is a series of monographs and edited vol- umes which aims to promote scholarly analysis and discussion of both the theory and practice of the international legal regulation of armed conflict. The series explores substantive issues of International Humanitarian Law including, – protection for victims of armed conflict and regulation of the means and methods of warfare – questions of application of the various legal regimes for the conduct of armed con- flict – issues relating to the implementation of International Humanitarian Law obliga- tions – national and international approaches to the enforcement of the law and – the interactions between International Humanitarian Law and other related areas of international law such as Human Rights, Refugee Law, Arms Control and Disarmament Law, and International Criminal Law. The titles in this series are listed at the end of this volume. Professor Yoram Dinstein International Law and Armed Conflict: Exploring the Faultlines Essays in Honour of Yoram Dinstein edited by Michael N. Schmitt and Jelena Pejic LEIDEN • BOSTON 2007 Printed on acid-free paper. A c.i.p. record for this book is available from the Library of Congress. isbn: 978 9004154 28 5 © 2007 by Koninklijke Brill nv, Leiden, The Netherlands. Koninklijke Brill nv incorporates the imprints Brill, Hotei Publishers, idc Publishers, Martinus Nijhoff Publishers and vsp. http://www.brill.nl All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilm- ing, recording or otherwise, without written permission from the Publisher. Authorization to photocopy items for internal or personal use is granted by Brill provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers ma 01923, usa. Fees are subject to change. Cover photo: Afghanistan, Khandahar. After a road bomb has destroyed an US Army vehicule, troops are patrolling the area to look for clues. © cicr/voeten, Teun Anthony Printed and bound in The Netherlands. Table of Contents Preface xi Professor Yoram Dinstein; Curriculum Vitae xv Professor Yoram Dinstein; List of Academic Publications xix About the Contributors xxxiii A Revival of the Just War Theory? Ivan Shearer Rethinking Collective Security Thomas Franck Topographies of Force Dino Kritsiotis Claims to Pre-emptive Uses of Force: Some Trends and Projections and Their Implications for World Order W. Michael Reisman and Andrea Armstrong The Temporal Dimension of Self-Defense: Anticipation, Pre- emption, Prevention and Immediacy Terry D. Gill Jus ad Responding to Transnational Terrorism under the Bellum : A Normative Framework Michael N. Schmitt Is US Adherence to the Rule of Law in International Affairs Feasible? John F. Murphy The Military Action in Iraq and International Law Ruth Wedgwood viii Table of Contents Ius ad Bellum Ius in Bello – and The Separation between the Legality of the Use of Force and Humanitarian Rules to Be Respected in Warfare: Crucial or Outdated? Marco Sassòli st Century Conflict and International Humanitarian Law: Status Quo or Change? Kenneth Watkin The Law of Weaponry – Is It Adequate? Bill Boothby “Combatants” – Substance or Semantics? Charles H.B. Garraway “Unlawful/Enemy Combatants:” Interpretations and Consequences Jelena Pejic Ghosts in the Machine: Some Legal Issues Concerning US Military Contractors in Iraq Avril McDonald Leaders, Courtiers and Command Responsibility in Shakespeare Theodor Meron Civilian Detentions in Iraq Andru E. Wall Transformative Military Occupation: Applying the Laws of War and Human Rights Adam Roberts The Adequacy of International Humanitarian Law Rules on Belligerent Occupation: To What Extent May Security Council Resolution Be Considered a Model for Adjustment? Rüdiger Wolfrum The Separation Fence in the International Court of Justice and the High Court of Justice: Commonalities, Differences and Specifics Fania Domb Table of Contents ix “Benevolent” Third States in International Armed Conflicts: The Myth of the Irrelevance of the Law of Neutrality Wolff Heintschel von Heinegg Index
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