Reflections on the Law of War - Coll. Essays PDF
Preview Reflections on the Law of War - Coll. Essays
Reflections on the Law of War International Humanitarian Law Series VOLUME 17 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 volumes 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 conflict – issues relating to the implementation of International Humanitarian Law obligations – 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. Reflections on the Law of War Collected Essays by Frits Kalshoven 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 90 04 15825 2 © 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, microfilming, recording or otherwise, without written permission from the Publisher. Authorization to photocopy items for internal or personal use is granted by Brill pro- vided 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 photograph © anp, The Netherlands. printed and bound in the netherlands. Table of Contents Preface ix PART WARFARE: THE ACTORS, THE LAW Chapter The Setting Chapter Introduction to the Law of Warfare PART REAFFIRMATION AND DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW Chapter The Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, May - June, Chapter The Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Second Session), May - June, Chapter The First Session of the Diplomatic Conference on Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, February - March Chapter Applicability of Customary International Law in Non- international Armed Conflicts Chapter The Conference of Government Experts on the Use of Certain Conventional Weapons, Lucerne, September - October, Chapter The Conference of Government Experts on the Use of Certain Conventional Weapons, Second Session, Lugano, January - February, vi Table of Contents Chapter The Diplomatic Conference on Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, - Chapter The Netherlands and International Humanitarian Law Applicable in Armed Conflicts Chapter Development of Customary Law of Armed Conflict PART MEANS AND METHODS OF WARFARE Chapter Grotius’ Jus in Bello, with Special Reference to Ruses of War and Perfidy Chapter Incendiary Weapons: Legal and Humanitarian Aspects Chapter The Soldier and his Golf Clubs Chapter Conventional Weaponry: The Law from St. Petersburg to Lucerne and Beyond Chapter The Conventional Weapons Convention: Functions of Underlying Legal Principles Chapter Prohibitions or Restrictions on the Use of Methods and Means of Warfare in the Gulf War, - Chapter The Protection of Cultural Property in the Event of Armed Conflict within the Framework of International Humanitarian Law Chapter Bombardment: From “Brussels ” to “Sarajevo ” PART COMBATANTS, CIVILIANS, GUERRILLA FIGHTERS, TERRORISTS Chapter The Position of Guerrilla Fighters under the Law of War Chapter “Guerrilla” and “Terrorism” in Internal Armed Conflict Chapter Guerrilla and Humanitarian Law:An Introduction Chapter Assistance to the Victims of Armed Conflicts and Other Disasters Chapter Non-Combatant Persons: A Comment to Chapter of the Commander’s Handbook on the Law of Naval Operations Table of Contents vii Chapter Enemy Merchant Vessels as Legitimate Military Objectives Chapter “Enemy Combatants” in American Hands: Are There Limits to the President’s Discretion? PART COMPLIANCE AND ENFORCEMENT Chapter Implementation and Enforcement of International Humanitarian Law Chapter Instructions for the Armed Forces Chapter Individual Right to Claim Damages under Article of Hague Convention IV: Expert Opinion, Chapter Individual Right to Claim Damages under Article of Hague Convention IV: Supplementary Expert Opinion, Chaper The Undertaking to Respect and Ensure Respect in all Circumstances: From Tiny Seed to Ripening Fruit Chapter Will International Humanitarian Law Protect Tomorrow’s War Victims? PART REPRISALS AND FACT-FINDING Chapter Reprisals in the CDDH Chapter Belligerent Reprisals Revisited Chapter The International Humanitarian Fact-Finding Commission: Its Birth and Early Years Chapter Reprisals and the Protection of Civilians: Two Recent Decisions of the Yugoslavia Tribunal Chapter The International Humanitarian Fact-Finding Commission: A Sleeping Beauty? Chapter The International Humanitarian Fact-Finding Commission Established by the First Additional Protocol to the Geneva Conventions PART HUMANITARIAN LAW AND HUMAN RIGHTS Chapter Protocol II, the CDDH and Colombia viii Table of Contents Chapter State Sovereignty vs. International Concern in Some Recent Cases of the Inter-American Court of Human Rights Chapter The Qualification of Specific Situations as International Armed Conflict PART HUMANITARIAN LAW AND CRIMINAL LAW Chapter Some Observations on the Road to Rome Chapter From International Humanitarian Law to International Criminal law PART HUMANITARIAN LAW AND NEUTRALITY Chapter Neutrality Law Chapter Impartiality and Neutrality in Humanitarian Law and Practice Chapter International Humanitarian Law and Violation of Medical Neutrality Chapter Legal Aspects of “Medical Neutrality” Chapter Freedom of Navigation and Neutrality in the Gulf War, - : The Dutch and Belgian Mine-hunting Activities PART SUMMING UP Chapter The Centennial of the First International Peace Conference: Introduction Chapter Motion of Thanks Index Preface This volume offers a selection of the papers I wrote in the course of these last 35 years. The first year, 1971, was significant in that it brought my work on “Belligerent Reprisals” to an end and at the same time marked the beginning of a decade of active involvement, as an expert for the Netherlands Government and Red Cross Society, in the “reaffirmation and development” of international humani- tarian law (IHL). I have written about this process from the outset, resulting in a series of articles in the Netherlands Yearbook of International Law. Numerous other occasions arose then and later when I was invited to put my ideas on paper on a wide diversity of subjects in the sphere of IHL: for conferences, libri amico- rum, or similar collective efforts. Rather than listing the papers in chronological order, I have divided them over parts covering more or less broad areas of the law of armed conflict. After an introductory part and a second one that reflects my long-standing involvement with “reaffirmation and development”, follow two parts on topics of substantive law: one (Part 3) on so-called Hague or battlefield law, i.e. the part of the law of armed conflict that governs actual warfare and the choice of weapons; and the other (Part 4), a mixture of Hague and Geneva law, the latter having to do more particularly with respect and protection of persons in an enemy’s power. I should add that Hague and Geneva law may be fundamentally distinct in their approach to war but at the same time, as members of the family of “law of armed conflict” are as closely related as dizygote twins can be. Parts 5 and 6 concern issues of implementation, including two that from the outset have been at the centre of my attention: reprisals (as the ultimate but harmful and unreliable remedy in the face of intolerable violations) and fact- finding (as the potential but to this day ineffective alternative to reprisals). There follow papers on the relations of IHL with the fields of human rights (since the 1940s, Part 7), criminal law (since the 1990s, Part 8) and neutrality (since time immemorial, Part 9). And the papers in the closing Part 10 mark two events of particular importance in my personal life: one, the celebration of the Centennial of the Hague Peace Conference and the other, the award of the Henry Dunant Medal. Two comments are in order. I am only too well aware that bringing together in one volume, papers on the same or very similar subjects may from time to time give the reader a déjà vu sensation. This could have been forestalled by drasti-
The list of books you might like
