- 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 importance of treaties in the law of armed conflict. Specifically, it presents seven reasons why the law of armed conflict is one of the branches of public international law that has been the most intensely codified through treaties. It then discusses treaties and international customary law; the main treaties on international humanitarian law (IHL); problems of ratification of IHL treaties; reservations to IHL treaties; legal relationships between IHL treaties; interpretation of IHL treaties; special agreements; denunciation of IHL treaties; and the legal effects of a breach of an IHL treaty.
Keywords: law of armed conflict, international law, international customary law, international humanitarian law, treaty ratification, special agreements
Robert Kolb is Professor of Public International Law at the University of Geneva.
Katherine Del Mar holds a PhD in international law from the Graduate Institute of International and Development Studies, Geneva. She is a Member of the Editorial Committee of the Journal of International Criminal Justice.
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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
