- The Oxford Handbook of International Law in Armed Conflict
- Dedication
- Preface
- Table of Cases
- Table of Agreements Conventions Instruments, Treaties and National Legislation
- List of Abbreviations
- Notes on the Contributors
- Current Challenges to International Humanitarian Law
- The Role of the International Committee of the Red Cross
- Customary Humanitarian Law Today: From the Academy to the Courtroom
- Treaties for Armed Conflict
- Land Warfare
- Air Warfare
- Maritime Warfare
- The Law of Occupation
- The Law Applicable to Peace Operations
- The Law of Neutrality
- The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack
- The Principle of Distinction Between Civilians and Combatants
- Proportionality in the Law of Armed Conflict
- Internal (Non-International) Armed Conflict
- The Right to Life
- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- International Fair Trial Guarantees
- Economic, Social, and Cultural Rights in Armed Conflict
- Protection of the Natural Environment
- Protection of Cultural Property
- Members of the Armed Forces and Human Rights Law
- Use of Force
- Terrorism
- Unlawful Combatants
- Private Military and Security Companies
- International Human Rights Law in Time of Armed Conflict
- Gender and Armed Conflict
- Armed Conflict and Forced Migration: A Systematic Approach To International Humanitarian Law, Refugee Law, And International Human Rights Law
- War Crimes and Other International ‘Core’ Crimes
- Focusing on Armed Non-State Actors
- State Responsibility and the Individual Right to Compensation Before National Courts
- Transitional Justice
- Index
Abstract and Keywords
This chapter begins with a discussion of the role of Swiss banker Henry Dunant in the genesis of international humanitarian law (IHL). It then assesses the present deficiencies of IHL. This is followed by a discussion of ways to mitigate the devastating effects of armed conflict. It proposes a three-pronged strategy involving the establishment of non-binding guidelines, the creation of effective monitoring mechanisms, and the adoption of mechanisms to indemnify victims of serious violations.
Keywords: human rights law, international law, Henry Dunant, armed conflict, human rights protection
Antonio Cassese (1937–2011) was Professor of International Law at the University of Florence and a member of the Institut de Droit International. He was the first President of the Council of Europe Committee for the Prevention of Torture, the first President (1993–97) and presiding judge (1998–2000) of the International Criminal Tribunal for the former Yugoslavia, the Chairperson of the UN International Commission of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur (2004), and the President of the Special Tribunal for Lebanon (2009–11).
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- The Oxford Handbook of International Law in Armed Conflict
- Dedication
- Preface
- Table of Cases
- Table of Agreements Conventions Instruments, Treaties and National Legislation
- List of Abbreviations
- Notes on the Contributors
- Current Challenges to International Humanitarian Law
- The Role of the International Committee of the Red Cross
- Customary Humanitarian Law Today: From the Academy to the Courtroom
- Treaties for Armed Conflict
- Land Warfare
- Air Warfare
- Maritime Warfare
- The Law of Occupation
- The Law Applicable to Peace Operations
- The Law of Neutrality
- The Developing Law of Weapons: Humanity, Distinction, and Precautions in Attack
- The Principle of Distinction Between Civilians and Combatants
- Proportionality in the Law of Armed Conflict
- Internal (Non-International) Armed Conflict
- The Right to Life
- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- International Fair Trial Guarantees
- Economic, Social, and Cultural Rights in Armed Conflict
- Protection of the Natural Environment
- Protection of Cultural Property
- Members of the Armed Forces and Human Rights Law
- Use of Force
- Terrorism
- Unlawful Combatants
- Private Military and Security Companies
- International Human Rights Law in Time of Armed Conflict
- Gender and Armed Conflict
- Armed Conflict and Forced Migration: A Systematic Approach To International Humanitarian Law, Refugee Law, And International Human Rights Law
- War Crimes and Other International ‘Core’ Crimes
- Focusing on Armed Non-State Actors
- State Responsibility and the Individual Right to Compensation Before National Courts
- Transitional Justice
- Index