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date: 22 November 2019

(p. 885) Index

(p. 885) Index

Abi-Saab, Georges 573
accountability for violations of the law in armed conflict
armed non-state actors see armed non-state actors
crimes against humanity see crimes against humanity
genocide see genocide
state responsibility see state responsibility
transitional justice see transitional justice
war crimes see war crimes
Additional Protocols to Geneva Conventions 1977 62, 354–5
air warfare 123–5
capital punishment 376–7
civilian objects 131
cruel or inhuman treatment 400
cultural property 496–7, 504–5, 514–5
environmental protection 478
fair trial guarantees 413, 425–6
gender 682
grave breaches, war crimes 745
military objectives 131, 152
new means and methods of warfare, environmental protection 478
objects indispensable to the survival of the civilian population 476
outrages upon personal dignity 399
perfidy 98
prisoner of war status 588–9
refugees as protected persons 706–7
unlawful combatants, minimum guarantees 614–6
weapons technology, new 275
aerial blockades 128
Afghanistan
economic, social and cultural rights 449–50
Africa
refugee protection 725
African Charter of Human and People’s Rights 368
dignity, respect for 389
right to peace 382
Agenda for Peace 213–4
aggression
definition 549–51
air warfare 118–44
codification of the law 120–5
conducting air operations 137–41
distinction principle 128
Hague Rules of Air Warfare 122
law of 125–43
Manual on International Law Applicable to Air and Missile Warfare 125
reprisals 136
weapons, prohibitions and restrictions 141–3
where operations can be conducted 125–8
who and what can be attacked 128–36
aircert 178
aircraft
neutral 258–9
Alston, Philip 797–9, 850
American Convention on Human Rights
juvenile executions 378
reparation claims 880–1
right to life 368
(p. 886) American Declaration of the Rights and Duties of Man
right to life 377
amnesties 865–71
Amnesty International
crime of aggression 380–1
ius ad bellum 380–1
Annan, Kofi 844, 846, 856
anti-personnel mines
Convention on prohibition 64
Areios Pagos 833, 835
Arendt, Hannah 734
Arkin, Ron 293
armed conflict, law of see international humanitarian law
armed forces
definition 302
distinction principle 302–5
human rights law and 521–42
armed forces defined 522–7
breach by soldiers 536–7
command responsibility 530
conscientious objection 541
generally 527–34
human rights of members of armed forces 537–40
international norms as part of national law 532–4
military discipline 529–30
misconduct amounting to breach 536–7
obligations imposed on members of armed forces 528–32
peacekeeping forces 534–5
United Nations, role 535
membership of state armed forces 315
non-international armed conflict, distinction principle 309–14
armed non-state actors 766–810
codes of conduct 810
criminal accountability 809
deeds of commitment 810
definition of non-state actor 771
dialogue on IHL implementation 31–2
human rights law 786–802
children 800–2
commissions of inquiry 793–5
field missions 793
problems of application 786–7
Security Council 800–2
Special Representative on Children in Armed Conflict 802
treaties addressing behaviour of 790–3
UN High Commissioner 796
UN HR Council 796–7
UN Special Rapporteur 797–9
initiatives aimed at underlying causes of conflict 810
international criminal law 805–7
international humanitarian law 771–86
application of 785–6
attribution of acts 785
codes of conduct 783–5
contemporary customary international law 779–82
law of treaties 772–9
special agreements 782–3
unilateral declarations 783
monitoring and reporting 809–10
non-governmental organizations, approaches of 802–5
Geneva Call 803–5
options for prevention, prosecution and punishment 809–10
sanctions 809
self-defence against 557–60
US Alien Tort Statute 807–8
arms control 278
arms trade 279
Barak, Aharon 15, 17
Biological Weapons Convention 63
environmental protection 478
blanket amnesties 866
blockade
air warfare, enforcement of naval blockade 127–8
humanitarian assistance, high command’s responsibility 112–3
naval see naval blockade
Boothby, William 285–6
Bothe, Michael 486
Brahimi Report 214, 220, 235, 238
Brierly, James L. 371
Bruch, Carl 486
Bush, George W. 268, 429–30, 620
Bynkershoek, Cornelius van 250
(p. 887) Cambodia
Extraordinary Chambers in the Courts of 514, 849
acts of terrorism 593
Cameron, Lindsey 627, 645
capital punishment 374–9
cartel aircraft
protection 135–6
cartel vessels
protection 161
Cassese, Antonio 283–4, 460
Cassin, René 367–8
Chamberlain, Neville 123
Charter of the Nuremberg Tribunal
crimes against humanity
definition 751
importance of inclusion 752
large-scale/massive nature 756
link with armed conflict 755
prohibited conduct 753
Charter of the Tokyo Tribunal
crimes against humanity
definition 752
prohibited conduct 753
Chemical Weapons Convention 64
environmental protection 477–8
child soldiers
attitude of combatants to 107
recruitment
customary international law 48
children
armed non-state actors, violations by 800–1
child soldiers see child soldiers
Optional Protocol to Convention on, armed non-state actors 790
UN Special Representative on children in armed conflict 802
Chile
National Commission for Truth and Reconciliation 852–3
Charlesworth, Hilary 697
civil aircraft
civil airliners 135
crews and passengers of captured, prize law 171
enemy, military objectives 154–5
neutral 178–80
civil and political rights
economic, social and cultural rights, equal treatment with 442–6
civilian objects
air warfare 131
protecting during hostilities, environmental protection 474–5
civilians
combatants and, distinction principle see distinction principle
definition 306, 318
direct participation in hostilities 129–31
counter-terrorism 591–2
distinction from organized armed groups 314–5
distinction principle 323–8
searches 100
hostages, taken as by troops 110
internees, repatriation 730
non-international armed conflict, distinction principle 317–8
objects indispensable to survival of 93–4
environmental protection 476–7
peace operations, protection 235–8
proportionality 99
ius in bello 341–3
respect for and protection of civilians and civilian property, soldier’s duty
civilians who have participated directly in hostilities, searches for 100
combatants and criminals, searches for 100
distinction principle 94–6
evacuation of besieged areas 96–7
guerrilla fighters, searches for in civilian areas 99
human shields, prohibition on use 97
human shields, response to use of 100
humanity principle and obligation to protect 93–4
military necessity principle 93
perfidy, prohibition of 97–8
precaution principle 99
(p. 888) proportionality principle 99
quarter, prohibition of denial or threats to deny 96
warships, on board 149–50
cluster munitions 142, 776
coastal rescue craft
protection 160–1
codes of conduct
armed non-state actors 783–5, 810
collateral damage
air warfare 139–40
disproportionate 10–1
collective defence
neutrality and, European Union 263–6
collective punishments
land warfare, prohibition 110
collective security
neutrality and
European Union 263–6
United Nations 261–3
Colombia
economic, social and cultural rights 450–1
combatants
see also armed forces
characteristics 606–7
civilians and, distinction principle see distinction principle
combatant privilege 305–6, 318, 606
definition 305
non-international armed conflict 307
non-international armed conflict, distinction principle 318–23
combatant privilege 318
expansive use of term as legal basis for detention 322–3
functional combatancy 318–9
generic use of term for all persons subject to attack 321–2
international jurisprudence 319
state practice 319–21
unlawful see unlawful combatants
command and control
peace operations 230–2
command responsibility 530
customary international law 43
commanders
land warfare, IHL principles and rules 108–11
acts committed against subordinates and persons under commander’s responsibility 110–1
civilian hostages, taking 110
collective punishments 110
methods of warfare and choice of weapons 109
planning and carrying out attack 108–9
reprisals 109–10
violations committed by subordinates 108
commissions of inquiry 854–7
armed non-state actors 793–5
compensation
claims before national courts see compensation claims before national courts
cultural property, removal/destruction 502
environmental damage 489
victims of violent conflict, failure of IHL to secure 13–4, 18
compensation claims before national courts 811–39
claims before courts of alleged wrong-doing state
national reparation programmes 814–5
tort claims arising from international armed conflict 819–28
tort claims arising from military operations during non-international armed conflict 815–9
claims before courts outside alleged wrong-doing state
basic rule 829
commercial activity exception, inapplicability 829–30
commission of grave violations as waiver 830
precedence of jus cogens over jurisdictional immunity 832–6
public policy considerations 836–7
territorial clause 830–2
universal jurisdiction 838–9
complementarity principle 199, 861–2, 872
concours ideal d'infractions 756
conflict prevention see peace operations
conscientious objection 541
contraband 177–8
corporal punishment 393
(p. 889) counsel
right to, fair trial guarantees 426
counter-terrorism 587–92
court martial
lack of rules ensuring proceedings 11
courts
judicial truth-seeking 857–60
regularly constituted, fair trial guarantees 419–23
reparation claims, victims of serious international crimes 879–80
universal criminal jurisdiction 875–7
crimes against humanity 397, 751–7
categories of conduct 753–4
contextual element 755–7
criminalization 741–4
cultural property 516–9
definition 751
forced pregnancy 689
mental element 753–4
murder-type offences 753–4
persecution-type offences 753–4
prohibited conduct 753–4
rape 684, 687
severance of link with armed conflict 755–7
sex or gender-based, IHL pre-1990 681–2
sexual slavery 688
states’ obligations 397
prosecution of perpetrators 865
torture 403–4
underlying offences 753–4
criminal law
extending and strengthening application to mitigate devastation of armed conflict 14–5
torture, obligation of states to criminalize 406
cruel treatment or punishment see ill-treatment
cultural property, protection 492–520
definition of cultural property 509
fundamental IHL rules
AP I and AP II alone 504–5
customary international law and 1954 Hague Convention 498–503
Hague Convention 1954 alone 503
Second Protocol to 1954 Hague Convention alone 503–4
Hague Convention 1954 62, 494–6, 498–504
armed non-state actors 776–7
international criminal law 510–9
crimes against humanity 516–9
war crimes 511–6
international cultural heritage law 509–10
international human rights law 507–8
international humanitarian law
conventional and customary context 493–8
definition of cultural property 494
fundamental rules 498–505
Hague Convention 1954 494–6
institutional framework 505–6
customary international law
armed non-state actors 779–82
compensation to victims 13
cultural property, protection 498–503
ICRC study 46
International Criminal Court 48–9
International Criminal Tribunal for Rwanda 47–8
International Criminal Tribunal for the Former Yugoslavia 41–7
neutrality 252
non-criminal international courts 38–41
persons deprived of liberty, treatment of 600–1
revival of 37–8
Special Court for Sierra Leone 48
terrorist suspects, status, detention and treatment 600–1
treaties and 53–60
unlawful combatants, minimum guarantees 614–6
use of force, exception to prohibition 563–6
weapons law 289–91
cyber warfare
emerging IHL challenge 33
Dafur
International Commission of Inquiry 856–7
death penalty 374–9
(p. 890) Declaration of St Petersburg 1868 60, 114, 275, 279
deeds of commitment
armed non-state actors 810
degrading treatment or punishment see ill-treatment
Democratic Republic of Congo
economic, social and cultural rights 451–2
deportation
crime of, customary law 44–5
detention
development of IHL 28–9
expansive use of term ‘combatant’ as legal basis for 322
ICRC proposals 29
IHL, adequacy 28–9
non-international armed conflict 116
peace operations 239–40
status of detainees, fair trial guarantees 418
terrorist suspects 597–601
US practice 621–2
unlawful combatants
Israeli law 619–20
US fight against terrorism 620–2
Diamond, Jordan 486
dignity, respect for 387–90
outrages upon personal dignity 399–400
Dinstein, Yoram 125, 560, 700, 773
disarmament agreements 277–8
discrimination
Convention on the Elimination of All Forms of Discrimination Against Women 685
Convention on the Elimination of All Forms of Racial Discrimination 412, 880
crimes against humanity 518
customary international law 47
displacement
African Union Convention for the Protection and Assistance of Internally Displaced Persons, armed non-state actors 791–2
internally displaced persons
African Union Convention 791–2
IHL rules
protection of civilians 94
distinction principle
air warfare 128
civilians and combatants 296–331
basic outline 296–8
contemporary challenges 296–8
direct participation in hostilities 323–8
international armed conflict 298–307
non-international armed conflict 307–23
direct participation of civilians in hostilities 323–8
basic rule 323–5
definition, absence 324
ICRC interpretation of notion 325–8
notion of 324–5
temporal scope of loss of protection 328
environmental protection 474
international armed conflict
armed forces 302–5
civilians 306–7
combatants 305–6
Geneva Conventions 1949 301–2
Hague Regulations 1907 300–1
legitimate military targets 299–300
persons protected against direct attack 299–300
non-international armed conflict 307–23
armed forces 309–14
civilians 317–8
combatants 307, 318–23
legitimate military targets 308
organized armed groups 314–6
persons protected from direct attack 307–9
protection of civilians and civilian property 94–6
use of force in attacks against legitimate targets 328–31
weapons law 282–4
Doswald-Beck, Louise 825
Droege, Cordula 199
dual-use targets
air warfare 138–9
Dunant, Henry 3–6
East Timor
(p. 891) Special Panels for Serious Crimes, acts of terrorism 593
ecocide 480
economic, social and cultural rights 441–68
civil and political rights, equal treatment with 442–6
conflict situations, sliding scale of 453–62
failed states 458–9
humanitarian interventions/missions 459–61
insurrections 454
international armed conflict 455–6
mixed conflicts 461
non-international armed conflict 454–5
occupation 456–8
peacetime 453
post-bellum situations 456
sporadic violence 453
transformation processes 458
ESCR Committee, reports during armed conflict
Afghanistan 449–50
Colombia 450–1
Democratic Republic of the Congo 451–2
IHL and 462–4
implementation and enforcement 465–7
relevance to peace and armed conflict 446–8
Eide, Asbjørn 381
emblems
protected persons and goods
abuses 103–5
additional 105–6
choice and meaning 102–3
enforced disappearances
Convention on protection of persons from 90–1
Engle, Karen 696
enslavement 687–8
environmental protection 30, 469–91
areas for further development 485–9
clean-up operations, international co-operation 488
compensation for victims of environmental damage 489
definition 471
disseminating, implementing and enforcing the law, improvements 485
ecocide see ecocide
environmental modification techniques, Convention on prohibition 63, 480
general rules of IHL applicable to natural environment 471–8
civilian objects, protection from hostilities 474–5
enemy property, protection from wanton destruction 472–3
objects indispensable to survival of civilian population, protection 476–7
pillage 473–4
weapons law 477–8
historical phases 470
IHL, adequacy of 30
international co-operation 488
international monitoring 489
methods and means of warfare causing widespread, long-term and severe damage 478–80
multilateral environmental agreements 482–4
naval warfare 150–1
non-international armed conflict 486
place-based protection 486–7
publicly recognised nature reserves 487
specific protection provided by IHL 478–84
strengthening legal protection provided by IHL 484–90
threats from armed conflict 469
victims of environmental damage, assistance to 488–9
equal treatment
neutral state’s obligation 257
Eritrea-Ethiopia Claims Commission 39
cultural property, damage to 502
objects indispensable to the survival of civilian population 476
ethnic cleansing 113
European Convention on Human Rights 39
liberty, right to 535
life, right to 368
reparation claims 880
(p. 892) European Court of Human Rights 13
customary international law 39
ill-treatment 391
life, right to 368, 383–5
peace operations 245
reparation claims, victims of serious international crimes 880
tort claims arising from military operations during non-international armed conflict 817–8
European Union
neutrality and collective security/defence 263–6
evacuation
besieged areas 96–7
exclusion zones
air warfare 127
naval warfare 168–9
fact-finding
Georgia, Independent International Fact-Finding Mission on Conflict 854–5
International Fact-Finding Commission 12–3
peace operations 244
failed states
economic, social and cultural rights 458–9
fair trial guarantees 410–40
armed forces, members of 540
counsel, right to 426
customary international law 45–6
derogations
international human rights law 415–8
international humanitarian law 415
international human rights law 413–5
derogations 415–8
International Covenant on Civil and Political Rights 414–5
Universal Declaration of Human Rights 413–4
international humanitarian law 412–3
derogations 415
international armed conflict 413
non-international armed conflict 413
international law, under 411–8
internationally recognized rights 423–8
counsel, right to 426
notice 427–8
presumption of innocence 425–6
speedy trial 427–8
testifying against oneself, right not to 426–7
trial without undue delay 427–8
notice, right to 427–8
presumption of innocence 425–6
regularly constituted court 419–23
speedy trial, right to 427–8
status of detainees 418
substantive content 423–8
testifying against oneself, right not to 426–7
treaties and instruments 411–2
trial without undue delay 427–8
universal application 418
unlawful combatants 616
US military commissions, post-9/11 see US military commissions post-9/11
Fleck, Dieter. 789
foot soldiers see armed forces; land warfare
forced labour 688
forced marriages 688
forced migration 700–34
refugees see refugees
forced pregnancy 689
forcible displacement of civilian population
prevention, High Command’s responsibility 113
protection of civilians 94
‘free fire zone’
air warfare 127
‘freedom from fear’ concept 381
Gardam, Judith 683
gas
Protocol prohibiting use 63
Gates, Robert M. 8
gender 675–99
conflicting concerns 694–8
gender-based violence 677–80
international criminal law
application by international criminal tribunals 686–91
legislative provisions 683–6
legal regimes for addressing
IHL pre-1990 681–3
legal developments post-1991 683
rape, definition 45, 689–91
(p. 893) sexual violence 677–80
amnesties 871
UN Resolutions 691–3
Women, Peace and Security, UN Resolution 691
Geneva Call 803–5
Geneva Conventions I–IV 1949 61–2
air warfare 123
armed non-state actors 773–4
compensation 824
death penalty 375
degrading treatment 399
denunciation clause 84
distinction principle 301–2
Dunant, Henry 5
enemy property, wanton destruction 472
evacuation of besieged areas 97
fair trial guarantees 413
right not to testify against oneself 426–7
gender 682–3
grave breaches
states' obligation to prosecute perpetrators 864
war crimes 745
IHL, formalization of developments concerning applicability 656–7
inhuman treatment 400
international armed conflict, definition 579
non-international armed conflict 354, 584
non-state entities, application to 65–6
refugees 704
right to life 369–70
special agreements 66, 82, 782
states’ obligation to prosecute perpetrators of grave breaches 864
torture 402
unlawful combatants 607–9
derogations 613–4
legal protection under GC IV 609
personal field of application of GC IV 609–11
substantive protections under GC IV 612
genocide 757–65
criminalization 742–4
definition 757–9
genocidal acts 759–60
genocidal intent 761
genocidal policy, existence 763–5
mental element 760–3
rape 688–9
states’ obligation to prosecute perpetrators 864
Gentili, Alberico 51
Georgia
Independent International Fact-Finding Mission on the Conflict in 854–5
‘Global War on Terror’ see War on Terror
Goldstone, Richard 845–6
‘governance feminism’ 696–7
Gowlland-Debbas, Vera 371
Greenwood, Christopher. 789
Grotius, Hugo 250, 274, 557, 681
guerrilla fighters
definition and activities 320–1
discouraged from respecting IHL 9–10
search for, protection of civilians 99
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict see cultural property, protection
Hague Conventions I–XIV 1907 5–6, 60–1, 146
compensation 821–2
cultural property 497
neutrality 250–1
weapons law 282
Hague Peace Conferences 1899 and 1907
weapons law 280
Hague Regulations 1899
cultural property 497
Hague Regulations 1907
cultural property 497
distinction principle 300–1
Hague Rules of Air Warfare 122
Halley, Janet 696–7
Hampson, Françoise 373, 787
hate speech 47
Helsinki Principles 146
Henckaerts, Jean-Marie 777, 825
Herby, Peter 285
(p. 894) High Command
responsibility of, land warfare 111–6
child soldiers, recruitment ban 114–5
equipping armies with authorized weapons 114
forcible displacement, prevention 113
humanitarian assistance 112–3
IHL training for soldiers 115
violations of IHL, stopping and punishment of serious violations 115–6
hospital ships
protection 156–60
hot pursuit 570–2
human rights law 656–74
armed forces and see armed forces
armed non-state actors 786–802
children 800–2
commissions of inquiry 793–5
field missions 793
problems of application 786–7
Security Council 800–2
Special Representative on Children in Armed Conflict 802
treaties addressing behaviour of 790–3
UN High Commissioner 796
UN HR Council 796–7
UN Special Rapporteur 797–9
cultural property, protection 507–8
economic, social and cultural rights see economic, social and cultural rights
fair trial guarantees 413–5
derogations 415–8
IHL and
affirmative authorization 666–8
armed conflict as determinant of regime boundaries 669–71
collateral legal consequences 660–2
institutional and behavioural foundations 671–3
lex specialis displacing or qualifying application of HR law 662–5
reciprocity and humanitarian protection as inducement for compliance 671–3
ill-treatment see ill-treatment
law of occupation and 198–205
peace operations, compliance with obligations 234–5
private military and security companies, states' obligations 641–2
refugees from war
non-refoulement 725–6
voluntary repatriation 728–9
refugees in war 710–1, 714–8
terrorist suspects 600
tort claims arising from military operations during non-international armed conflict 816–9
Human Rights Watch 13
crime of aggression 380
ius ad bellum 380
human rights treaties
European Convention on Human Rights see European Convention on Human Rights
International Covenant on Civil and Political Rights see International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights see International Covenant on Economic, Social and Cultural Rights
reservations 71–2
human shields
prohibition on use 97
proportionality principle 341
response to use of 100
humanitarian assistance
High Command’s responsibility, land warfare 112–3
humanitarian interventions/missions
economic, social and cultural rights 459–61
humanity principle
interpretation of IHL treaties 80
soldiers' obligation to protect civilians 93–4
weapons law 284–6
humiliating treatment see ill-treatment
Humphrey, John 367
‘hunger blockade’ 166
ill-treatment 387–409
human rights law
(p. 895) cruel or inhuman treatment or punishment 393
degrading treatment or punishment 392
distinguishing criteria 390–2
obligations of state 396–8
torture see torture
international humanitarian law 398–406
cruel or inhuman treatment 400–1
humiliating and degrading treatment 399–400
obligations of states and non-state actors 406
outrages upon personal dignity 399–400
torture 401–5
torture see torture
incendiary weapons
air-delivered 142
indiscriminate attacks
air warfare 137–8
inhuman treatment or punishment see ill-treatment
innocent passage, right of
neutral territorial seas 175–6
insurgent organizations
guerrillas see guerrilla fighters
non-combatant categories 320
insurrections
economic, social and cultural rights 454
integrity, personal 387–90
Inter-American Commission on Human Rights
combatants 319
Inter-American Court of Human Rights 39
customary international law 39
reparation claims, victims of serious international crimes 880–1
tort claims arising from military operations during non-international armed conflict 817
internal armed conflict see non-international armed conflict
internally displaced persons see displacement
international armed conflict
air warfare see air warfare
armed forces see armed forces
civilians see civilians
compensation claims before national courts, tort claims 819–28
definition 579
determination of 581
distinction principle see distinction principle
economic, social and cultural rights 455–6
environmental protection see environmental protection
cultural property, protection see cultural property, protection
fair trial guarantees 413
human rights law see human rights law
international humanitarian law see international humanitarian law
land warfare see land warfare
maritime warfare see maritime warfare
methods and means of warfare see methods and means of warfare
neutrality see neutrality
protected persons and goods see protected persons and goods
refugees see refugees
terrorism, application of IHL 579–83
unlawful combatants in enemy hands see unlawful combatants
International Committee of the Red Cross (ICRC) 5
armed non-state actors, codes of conduct 783–5
capital punishment 375
compliance with IHL 22
mechanisms to promote or ensure 24–6
non-international armed conflicts, specific challenges related to 23–4
customary international humanitarian law study 46
direct participation of civilians in hostilities 129
direct participation in hostilities, interpretation of notion 325–8
belligerent nexus 327–8
(p. 896) direct causation 326–7
threshold of harm 326
Dunant, Henry 5
economic, social and cultural rights, implementation and enforcement 465
failings 12–3
future role 31–4
impartiality and neutrality 220
mandate and activities 21–31
application of IHL 21–2
clarification of IHL rules 26–7
compliance with IHL 22–6
development of IHL 27–31
early recovery 21
humanitarian initiatives 21
repatriation 730–2
right to life 370
role 20–34
SIrUS project 285
special agreements, mediation 82
international ‘core’ crimes see crimes against humanity; genocide; war crimes
International Court of Justice (ICJ)
customary international law 39–40
international armed conflict, determination of 581
life, right to 372–3, 379
self-defence 555–6, 558–9
UN operations, judicial control 245
unnecessary suffering 106
use of force 547, 564
protection of national abroad 569–70
international courts and tribunals
impunity of perpetrators of serious international crimes, role in ending 872–5
International Criminal Court see International Criminal Court (ICC)
International Criminal Tribunal for Rwanda see International Criminal Tribunal for Rwanda (ICTR)
International Criminal Tribunal for the Former Yugoslavia see International Criminal Tribunal for the Former Yugoslavia (ICTY)
judicial truth-seeking 857–60
violence against women 686–91
International Covenant on Economic, Social and Cultural Rights 444–6
cultural property, protection 507–8
derogations 462–4
International Covenant on Civil and Political Rights
fair trial guarantees 414–5
counsel, right to 426
derogations 415–8
presumption of innocence 426
regularly constituted court 419
testifying against oneself, right not to 426
life, right to 368–9
International Criminal Court (ICC)
armed conflict, definition 585
armed non-state actors, application of international criminal law 805–7
complementarity principle 861–2, 872–3
cooperation of state parties 874
crimes against humanity 753
link with armed conflict 755
murder-type offences 753
persecution-type offences 754
widespread/systematic 756
cruel or inhuman treatment 400
cultural property, attacks against 512–3, 517–8
customary humanitarian law 48–9
enemy property, wanton destruction 472
forced pregnancy defined 689
forcible displacement 113
humiliating or degrading treatment 399–400
impunity of perpetrators of serious international crimes, role in ending 872–5
pillage 473
proactive complementarity 874
Rome Statute 62–3
sexual violence 684
states’ obligations to prosecute perpetrators of most serious crimes 863
torture 403–5
crime against humanity 403–4
war crime 404–5
(p. 897) UN, cooperation and assistance 874–5
war crimes
acts of terrorism 593
classes 746
international criminal law
armed non-state actors 805–7
cultural property, protection 510–9
sexual violence
application by of law by international criminal tribunals 686–91
legislative provisions 683–6
International Criminal Tribunal for Rwanda (ICTR)
amnesties 868
armed non-state actors, application of international criminal law 805
customary international law 47–8
genocide
genocidal acts 759
mental element 761–2
rape as genocide 688–9
sexual violence 684
torture 405
war crimes
acts of terrorism 592–3
criteria for offence qualifying as 751
International Criminal Tribunal for the Former Yugoslavia (ICTY)
amnesties 868
armed conflict, definition 584–5
armed non-state actors
IHL, preconditions for application of 785–6
international criminal law, application of 805
combatants 319
crimes against humanity, link with armed conflict 755
cultural property 512–4, 516–8
customary international law 41–7
gender-based crimes 675–6
genocidal acts 759
human dignity, outrages against 399
inhuman treatment 401
judicial truth-seeking 859
persecution 754
rape, definition 690
sexual violence 684
torture 405
violence against women 687
war crimes
acts of terrorism 593–4
criteria for offence qualifying as 751
definition 747
International Fact-Finding Commission 12–3
international humanitarian law
armed non-state actors 771–86
application of IHL 785–6
attribution of acts 785
codes of conduct 783–5
contemporary customary international law 779–82
law of treaties 772–9
special agreements 782–3
unilateral declarations 783
birth and development 3–6
collateral legal consequences 660–2
cultural property, protection see cultural property, protection
economic, social and cultural rights 462–4
environmental protection see environmental protection
fair trial guarantees 412–3
derogations 415
international armed conflict 413
non-international armed conflict 413
Henry Dunant 3–6
‘humanization’ 80
ill-treatment see ill-treatment
mitigating devastation of armed conflict
bodies to implement change 18–9
compensation for victims 18
criminal law, extending and strengthening application 14–5
modernization of IHL rules 14
monitoring mechanisms, flexible and effective 17–8
non-binding guidelines 15–7
modernization of rules 14
non-international armed conflict, rules applicable to 354–5
principal failings 7–14
compensation for victims, failure to secure 13–4, 18
guerrillas and terrorists, discouraged from respecting IHL 9–10
(p. 898) military might of Great Powers, failure to limit 10–1, 17
‘private contractors’, failure to control actions of 11–2, 16
total and asymmetric nature of modern armed conflicts 7–9
violations, failure to detect 12–3
private military and security companies, state’s obligations 640–1
refugees in war 704–10
nationals of neutral, co-belligerent, or occupying state 708–10
non-nationals of a party to the conflict 707–8
protected persons under AP I 706–7
repatriation 730–2
right to life, human rights provisions and 369–74
sexual violence 681–3
terrorism, application to 575–86
violations of, failure to detect 12–3
war crimes 744–51
classes of 745–7
definition 744
nexus with the armed conflict 750–1
seriousness of the violation 747–50
war crimes of conduct and war crimes of result, distinction 747–50
weaknesses 7–14
compensation for victims, failure to secure 13–4, 18
guerrillas and terrorists, discouraged from respecting IHL 9–10
military might of Great Powers, failure to limit 10–1, 17
‘private contractors’, failure to control actions of 11–2, 16
total and asymmetric nature of modern armed conflicts 7–9
violations, failure to detect 12–3
International Law Commission
environmental protection 490
serious breaches of obligations 795–6
war crimes, acts of terrorism 593
international organizations
peace operations, responsibility 240–1
internment see detention
interpretative declarations
IHL treaties 69–70
inter-state tribunals 13
irregular forces
qualification as ‘armed forces’ 303
Israel
unlawful combatants, law on incarceration 619–20
ius ad bellum
proportionality 343–7
asymmetrical legal relations 343–4
ius in bello, relationship 347–51
qualitative proportionality 345–7
quantitative proportionality 345
standards of measurement 345–7
right to life and 379–85
terrorism 575–9
ius in bello
proportionality 335–43
ius ad bellum, relationship 347–51
objective versus subjective proportionality 337–41
symmetrical legal relations 335–6
treatment of civilians 341–3
terrorism 575–9
Jacobsson, Marie 490
Jensen, David 486
Jones, Afam 698
jus ad bellum see ius ad bellum
jus in bello see ius in bello
justice
definition 845
transitional see transitional justice
juveniles
capital punishment 375, 377–8
Kahn, Herman 453
Kälin, Walter 464, 733
Kalshoven, Frits 822
Kelsen, Hans 573
Kenya
Truth, Justice and Reconciliation Commission 852, 854
‘Waki Commission’ 855–6, 858
Ki-Moon, Ban 485, 844
Klabbers, Jan 769, 783
(p. 899) Kleffner, Jann K 778
‘Kriegsräson geht vor Kriegsmanier’ 79
Künzli, Jorg 464
Lachs, Manfred 737–8, 765
land warfare 91–117
attitude of combatants towards enemy combatants 106–8
child soldiers 107
right to kill 107
‘superior orders’ excuse 107–8
weapons and projectiles, restriction on use of certain 106
commanders, IHL principles and rules applying to 108–11
acts committed against subordinates and persons under commander’s responsibility 110–1
collective punishments, prohibition 110
methods of warfare and choice of weapons 109
planning and carrying out attack 108–9
reprisals, prohibition 109–10
taking civilian hostages, prohibition 110
violations committed by subordinates 108
foot soldiers, IHL principles and rules to be observed by 92–108
attitude of combatants towards enemy combatants 106–8
civilians, respect for and protection of see civilians
distinctive emblem, abuses of 103–5
distinctive emblem, choice and meaning 102–3
distinctive emblems, additional 105–6
medical personnel, vehicles and units, respect for and protection of 101
other non-combatants, respect for and protection of 100–6
wounded and sick, respect for and protection of 101
high command, responsibility 111–6
child soldiers, recruitment ban 114–5
equipping armies with authorized weapons 114
forcible displacement, prevention 113
humanitarian assistance 112–3
IHL training for soldiers 115
violations of IHL, stopping and punishment of serious 115–6
non-international armed conflicts 116–7
Lauterpacht, Hersch 370
law of armed conflict see international humanitarian law
Lebanon
UN International Independent Investigative Commissions 856
legality principle see also nullum crimen sine lege
International Criminal Tribunal for the Former Yugoslavia 41–4
‘legislative jurisdiction’ doctrine 772, 778
Lehnardt, Chia 651
Lemkin, Ralph 757
levée en masse
participants in 304–6
lex specialis derogat lege generali 662–5, 701–2
liability for violations of the law in armed conflict
armed non-state actors see armed non-state actors
crimes against humanity see crimes against humanity
genocide see genocide
state responsibility see state responsibility
transitional justice see transitional justice
war crimes see war crimes
Lieber, Francis 93
Lieber Code 93, 275
cruelty 387
forcible displacement of civilians 113
sexual violence 681
siege 96–7
torture 401
life, right to 365–86
capital punishment 374–9
human rights provisions and IHL 369–74
ius ad bellum and 379–85
origins and scope 366–8
Lincoln, Abraham 93
Lotus principle 79
McClelland, Justin 285
Magna Carta
right to life 366
Mao-Tse Tung 95
(p. 900) maritime warfare 145–81
basic principles applicable to 150–1
belligerent rights at sea, entitlement to exercise 148–50
capture and destruction of enemy merchant vessels and cargo, prize law 170
civilians on board warships 149–50
crews and passengers of captured enemy vessels and civil aircraft, prize law 171
enemy vessels and aircraft enjoying special protection 156–61
cartel vessels and aircraft 161
coastal fishery vessels 161
coastal rescue ships 160–1
hospital ships 156–60
list of additional 161
medical transports 160–1
vehicles granted safe conduct 161
vessels engaged in local trade 161
geographical area 151–2
legislation 146–7
maritime neutrality 171–80
fundamental features 172–3
neutral sea areas 173–6
neutral status 172
neutral trade 177–80
UN Charter and 172–3
means and methods 161–9
blockade see naval blockade
control of immediate vicinity of operations 167–8
exclusion zones 168–9
missiles 163
naval mines 162–3
submarines 163–4
torpedoes 162–3
warning zones 168
zones 167
military objectives 152–5
definition 152
enemy merchant vessels and civil aircraft 154–5
enemy warships, auxiliaries and military aircraft 153–4
land targets 155
neutral sea areas 173–6
belligerent warships in neutral ports and roadsteads 173–5
neutral territorial seas and rights of innocent passage 175–6
neutral trade 177–80
aircerts 178
contraband 177–8
navicerts 178
neutral merchant vessels and civil aircraft 178–80
prize law
crews and passengers of captured enemy merchant vessels and civil aircraft 171
enemy merchant vessels and cargo 170
unmanned seagoing vehicles 149
warship defined 148
‘Martens Clause’ 6, 79
Mason, George 366
means of warfare see methods and means of warfare
medical aircraft
protection 134
medical personnel, vehicles and units
non-international armed conflict 116
respect for and protection of, land warfare 101
medical transports
protection 160–1
merchant vessels see maritime warfare
methods and means of warfare
counter-terrorist operations 589
land warfare, commander’s responsibility 109
naval warfare 161–9
blockade see naval blockade
control of immediate vicinity of operations 167–8
exclusion zones 168–9
missiles 163
naval mines 162–3
submarines 163–4
torpedoes 162–3
warning zones 168
zones 167
weapons see weapons
military aircraft
see also air warfare
military objective, naval warfare 153–4
military commanders see commanders
military necessity principle 330
civilians and civilian property, respect for and protection of 93
military objectives
Additional Protocol to the Geneva Conventions 152
air warfare 131–4
Hague Rules of Air Warfare 122
indiscriminate attacks 137
cultural property 500
definition 152
delimitation of notion of 10–1
naval warfare 152–5
definition 152
enemy merchant vessels and civil aircraft 154–5
enemy warships, auxiliaries and military aircraft 153–4
land targets 155
military targets
distinction principle 299–300
non-international armed conflict 308
mines
anti-personnel 64
naval 162–3
missiles
naval warfare 163
mixed conflicts
economic, social and cultural rights 461
Moir, Lindsay 787
Moreno Ocampo, José Luis 686, 847
national courts
compensation claims before see compensation claims before national courts
cultural property, destruction 503
peace operations, claims against UN 245
reparation, individual claims 879–80
universal criminal jurisdiction 875–7
natural environment see environmental protection
naval blockade 164–9
breach 167
conditions of admissibility 166
effectiveness 165
establishment 165
‘hunger blockade’ 166
impartial implementation 166
maintenance 165
special entry and exit authorization 166–7
naval warfare see maritime warfare
navicert 178
neutral airspace 126
neutrality 248–70
bloc free state and neutral state, distinction 267
collective security and collective defence
European Union 263–6
United Nations 261–3
customary international law 252
definition 248–9
Hague Conventions 250–1
maritime see maritime warfare
non-aligned state and neutral state, distinction 267
non-belligerent state and neutral state, distinction 266
obligations of neutral states 249
origins and history 249–51
permanent 259–60
rights and obligations of neutrals and belligerents
assisting belligerents, prohibition 255–6
conditions for and duration of the applicability of the law of neutrality 253–4
content of 254–7
economic and commercial rights and obligations of neutral states 256–7
equal treatment 257
neutral persons, ships and aircraft 257–9
protection of neutral sovereign territory 254–5
sources of law 251–3
temporary 259
no-fly zones 127
Non-Aligned Movement 267
non-criminal international courts
customary international law 38–41
non-governmental organizations
armed non-state actors, approaches 802–5
Geneva Call 803–5
changes to IHL, implementation 19
non-international armed conflict 353–62
armed forces 524–6
human rights obligations 528
(p. 902) compliance with IHL, specific challenges 23–4
criteria for definition of 356–62
nature of actors 358–62
nature of hostilities 356–8
distinction principle 307–23
armed forces 309–14
civilians 317–8
combatants 307, 318–23
legitimate military targets 308
organized armed groups 314–6
persons protected from direct attack 307–9
economic, social and cultural rights 454–5
environmental protection 486
fair trial guarantees 413
human rights
breach 537
soldiers’ human rights 538
IHL rules applicable to 354–5
land warfare 116–7
nature of actors, criteria for definition of 358–62
accountable and identifiable power 360–2
form of public power 359–60
responsible command 361–2
nature of hostilities, criteria for definition of
duration 357–8
gravity 356–7
occupation, non-applicability of law of 185
organized armed groups see organized armed groups
terrorism 583–6
tort claims arising from military operations during 815–9
unlawful combatants
enemy hands, in 617–8
rules of conduct of hostilities 619
war crimes 746–7
nexus between criminal conduct and armed conflict 750–1
non-refoulement 718–21, 725–6
non-state actors see armed non-state actors
non-use of force
peace operations 221–5
nuclear weapons
US–Russia New START agreement 279
nullum crimen sine lege 39–4
Nuremberg Trials
cultural property 512, 516
revival of customary humanitarian law 37–8
Obama, Barack 435, 437
occupation 182–205
beginning and end of 187–92
effective control 188
exercise of authority over occupied territory 190
non-consensual nature of belligerent occupation 190
presence of foreign forces 189
economic, social and cultural rights 456–8
general legal framework 183–7
general principles of occupation law 185–6
human rights law and 198–205
non-international armed conflict 117
pacific occupation 190
rights and duties of occupying power, delimiting 192–8
scope of authority 193–6
transformative occupation 196–8
transformative occupation 196–8
use of force, relationship between occupation law and human rights law 200–5
organized armed groups
armed forces, distinction 524–6
human rights, breach 537
non-international armed conflict, criteria for definition of
accountable and identifiable power 360–2
form of public power 359–60
responsible command 361–2
non-international armed conflict, distinction principle 314–6
civilians directly participating in hostilities, distinction 314–5
individual membership 315–6
status 311–4
Otto, Dianne 697–8
(p. 903) pacific occupation 190
Parks, Hays 286
peace
definition 845
justice, relationship with 843–9
right to 382
peace operations 206–47
accountability and judicial control 240–6
circumstances precluding wrongfulness of conduct 243–4
individual responsibility 242
judicial control 244–6
monitoring and independent fact-finding 244
responsibility of states and international organizations 240–1
applicable law and policy, problems of 228–40
command and control 230–2
freedom of movement and communication 232–3
logistical support 232–3
operational law issues 233–40
security and safety 229–30
command and control 230–2
freedom of movement and communication 232–3
legal basis and political control 219–26
consent of parties 219–20
impartiality 220
non-use of force and necessary exceptions 221–5
Security Council control 225–6
legal challenges, past and current 209–19
logistic support 232–3
operational law issues 233–40
civilians, protection 235–8
force protection 238
human rights obligations, compliance 234–5
operational detentions 239–40
peacekeeping forces, human rights and 534–5
PMSC conduct attributable to a state 639
security and safety 229–30
status of peacekeepers 227–8
UN Rapid Deployment Police and Security Force proposal 232
UN Standby Arrangements System 231–2
peace-building see peace operations
peacekeeping see peace operations
peacemaking see peace operations
Pejic, Jelena. 787
perfidy 97–8
Pictet, Jean 29, 370, 388, 402–3, 613
pillage
environmental protection 473–4
Pilloud, Claude 375
Pinheiro Principles 729
Pisillo Mazzeschi, Riccardo 879
Poland
right to life 367
political rights see civil and political rights
positive complementarity 861–2, 872–3
precaution principle
civilians, protection 99
commander’s responsibilities, land warfare 108–9
environmental protection 474
precautions in attack
air warfare 139–41
weapons law 287–8
presumption of innocence
fair trial guarantees 425–6
prisoners of war
non-international armed conflict, status in 116
officers and crew of captured enemy merchant vessels and civil aircraft 171
repatriation 730–2
terrorists, status 588–9
private military and security companies 624–55
application of international law to and by PMSCs and their personnel 648–55
application by PMSCs 653–5
indirect enforcement against 649–53
armed forces, personnel not considered members of 526–7
conduct attributable to a state 632–40
personnel empowered by law to exercise governmental authority 636–40
PMSC personnel serve as state organs 632–3
state instruction, direction or control 633–6
(p. 904) distinction principle 304
effective regulation by states, obstacles and challenges 643–8
failure of IHL to control actions of 11–2
legal regimes, proposals 16
neutral states and 258
presence, protections and privileges 627–31
state control of conduct of 631–2
states’ positive obligations to regulate and remedy conduct of 640–3
‘privatisation of war’ 11–2
privileged combatants 305
privileges and immunities
peacekeepers 227–8
sovereign immunity see sovereign immunity
prize law
capture and destruction of enemy merchant vessels and cargoes 170
crews and passengers of captured enemy merchant vessels and civil aircraft 171
merchant vessels and civil aircraft 177–80
neutral ports, prizes brought into 174–5
neutral trade 177–80
proactive complementarity 874
proportionality principle 332–52
air warfare 138–9
civilians, protection 99
commander’s responsibility, land warfare 109
cultural property, incidental damage from attacks against military objects 501
form of legal control of armed conflicts, as 333–4
environmental protection 474–5
IHL and human rights law 203
ius ad bellum 343–7
asymmetrical legal relations 343–4
ius in bello, relationship 347–51
quantitative proportionality 345
standards of measurement 345–7
ius in bello 335–43
civilians, treatment 341–3
ius ad bellum, relationship 347–51
objective versus subjective proportionality 337–41
symmetrical legal relations 335–6
self-defence 555–6
weapons law 287–8
protected persons and goods
aircraft 134–6
cartel aircraft 135–6
emblems
abuses 103–5
additional 105–6
choice and meaning 102–3
medical aircraft 134
reprisals 136
search and rescue aircraft, absence of protection 135
UN aircraft 135
Protecting Powers
failings 12–3
quarter
prohibition of denial of or threats to deny 96
Ra’ad Zeid Al Hussein, Zeid (Prince Zeid) 843
rape see gender
Reay, Lord 823
red cross emblem
abuses 103–5
choice and meaning 102–3
Red Cross/Red Crescent Societies
creation of national societies 5
economic, social and cultural rights, implementation and enforcement 465
International Committee of the Red Cross see International Committee of the Red Cross (ICRC)
refugees
from war 718–26
access to protection 718–21
grounds of protection 722–6
mass influx 718–21
non-refoulement 718–21, 725–6
refugee status, conditions 722
in war see refugees in war
post-war contexts 727–32
voluntary repatriation 727–9
(p. 905) repatriation
prisoners of war and civilian internees 730–2
voluntary 727–9
voluntary repatriation, human rights law 728–9
refugees in war 704–18
human rights law 710–1, 714–8
IHL and limits of protection 704–10
nationals of neutral, co-belligerent, or occupying state 708–10
non-nationals of a party to the conflict 707–8
protected persons under AP I 706–7
refugees law 710–4
relief actions
non-international armed conflict 117
soldiers’ obligation to protect civilians 94
relief consignments
naval blockade, special entry and exit authorization 166–7
reparation 30
cultural property, removal 502
IHL, adequacy of 30
individual claims 878–82
transitional justice 878–82
repatriation 727–32
reprisals
air attack 136
land warfare prohibition, commander’s responsibility 109–10
reservations
IHL treaties 67–75
compatibility 70–2
formulation 69–70
legal effects 72–4
permissibility 68–9
withdrawal 75
Responsibility to Protect doctrine 214–6, 460
right of innocent passage
neutral territorial seas 175–6
right to a fair trial see fair trial guarantees
right to kill 107
right to life see life, right to
right to peace 382
rights in armed conflict
armed forces, human rights see armed forces
cultural property, protection see cultural property, protection
economic, social and cultural see economic, social and cultural rights
environment, protection see environmental protection
fair trial guarantees see fair trial guarantees
ill-treatment, protection against see ill-treatment
torture, prohibition see torture
Rome Statute of the International Criminal Court see International Criminal Court (ICC)
Roosevelt, Eleanor 367–8
Roosevelt, Franklin D. 381
Rosenberg, Sheri 873
Roth, Kenneth 847
Rousseau, Jean-Jacques 8, 100
Ruggie, John 641–2
ruses of war
perfidy 98
Rwanda
Gacaca courts, reparation 882
San Remo Manual 146
hospital ships 158–9
Sassòli, Marco 783
Schindler, Dietrich 371
search and rescue aircraft 135
security
UN personnel and premises 229–30
Security Council
amnesties for sexual violence 870
children in armed conflict, violations by armed non-state actors 800–1
impunity for perpetrators of most serious crimes, ending 860
obligations of states to prosecute 863
peace operations, control 225–6
‘peace with justice’ 844–5, 848–9
(p. 906) security detention
expansive use of term ‘combatant’ as legal basis for 322–3
terrorist suspects 597–601
US practice 621–2
unlawful combatants 617–8
self-defence 552–63
anticipatory 561
collective 552
conditions
necessity 554–5
previous armed attack 553
proportionality 555–6
two conventional requirements 556–7
forms 560–3
individual 552
interceptive 560
non-state actors, against 557–60
peace operations 221, 238
circumstances precluding wrongfulness of conduct 243
pre-emptive 561
preventive 561–2
sexual slavery 687–8
sexual violence see gender
Shearer, Ivan A. 70
ships
hot pursuit 570–2
neutral 258–9
siege
evacuation of besieged areas 96–7
Sierra Leone
Sivakumaran, Sandesh 698
slave labour 688
slavery 389
sexual see gender
South African Truth and Reconciliation Commission 851–2
sovereign immunity
compensation claims before courts outside wrong-doing state
precedence of jus cogens 832–6
territorial clause 830–2
waiver, commission of grave violations as 830
private military and security companies 652–3
universal criminal jurisdiction 877
special agreements 81–3
armed non-state actors 782–3
Special Court for Sierra Leone
amnesties 870
customary humanitarian law 48
sexual slavery 688
sexual violence 684
Sierra Leonean Truth and Reconciliation Commission and 853
war crimes, terrorism 593–6
state immunity see sovereign immunity
state responsibility
compensation claims before national courts see compensation claims before national courts
peace operations 240–1
state secrecy
private military and security companies 652
status-of-forces agreements 227–8, 232–3
submarines 163–4
‘superior orders’ excuse 107–8
Switzerland
permanent neutrality 258
terrorism 574–604
counter-terrorism 587–92
IHL, application 575–86
international armed conflict 579–83
ius ad bellum and ius in bello 575–9
non-international armed conflict 583–6
prohibition in armed conflict 587
terrorist acts, prohibition in armed conflict 587
terrorist suspects, status, detention and treatment 597–601
terrorists discouraged from respecting IHL 9–10
trans-national terrorist groups 585
war crimes 592–6
torpedoes 162–3
tort claims
arising from military operations
international armed conflict 819–28
non-international armed conflict 815–9
(p. 907) torture
see also ill-treatment
aggravating criteria
intention 394
powerlessness 395–6
purpose 394–5
Convention Against Torture 494-5
crime against humanity 397, 403–4
criminalization 406
definition 394
definition criteria 394
international humanitarian law 401–5
prohibition, absolute and non-derogable human right 389
states’ obligation to prosecute perpetrators 864–5
war crime 398, 404–5
transformation processes
economic, social and cultural righ 458
transformative occupation 196–8
transitional justice 840–83
definition 840
impunity for perpetrators of most serious crimes, ending 860–77
amnesties 865–71
impunity defined 860
individual criminal responsibility at domestic level 862–71
individual criminal responsibility at international level 872–5
obligations of states to prosecute and punish 862–5
universal criminal jurisdiction 875–7
peace and justice, relationship 843–9
reparation for victims 878–82
truth-seeking 849–60
commissions of inquiry 854–7
criminal justice process 857–60
truth commissions 851–4
trans-national terrorist groups 585
treaties for armed conflict
Additional Protocols to Geneva Conventions 1977 see Additional Protocols to Geneva Conventions 1977
armed non-state actors 772–9
customary international law and 53–60
Declaration of St Petersburg 1868 60, 114, 275, 279
denunciation 84–6
Geneva Conventions I–IV 1949 see Geneva Conventions I–IV 1949
Hague Convention on Cultural Property in the Event of Armed Conflict 1954 see cultural property, protection
Hague Conventions I–XIV 1907 see Hague Conventions I–XIV 1907
importance 50–3
interpretation 79–80
interpretative declarations 69–70
legal effects of breach 86–7
legal relationships between 75–8
lex posterior ‘amplificat’ legi priori, relations between treaties 76–7
lex posterior ‘compleat’ legi priori, relations between treaties 78
lex posterior ‘derogat’ vel ‘abrogat’ legi priori, relations between treaties 75–6
main treaties 60–4
ratification problems 65–7
reservations 67–75
compatibility 70–2
formulation 69–70
legal effects 72–4
permissibility 68–9
withdrawal 75
Rome Statute of the ICC see International Criminal Court (ICC)
special agreements 81–3
weapons, limiting production and use 63–4
treaties, law of
armed non-state actors 772–9
Treves, Tullio 565
trials
right to fair see fair trial guarantees
truth commissions 851–4
definition 851
truth-seeking 849–60
commissions of inquiry 854–7
criminal justice process 857–60
truth commissions 851–4
UN Charter
maritime neutrality and 172–3
non-member states, obligations 773
peace operations see peace operations
use of force, ban see use of force
(p. 908) unconditional amnesties 866
unilateral declarations
armed non-state actors 67, 783
United Nations
aircraft, protection 135
amnesties 867–71
armed forces and human rights 535
Charter see UN Charter
cultural property, protection 508
gender crimes and crimes of sexual violence 691–3
General Assembly, Uniting for Peace Resolution 211
ICC, cooperation and assistance 874–5
Law of the Sea Convention, maritime warfare 147
neutrality and collective security 261–3
occupation involving UN forces 191
peace operations see peace operations
Peace-building Commission 216–7
reparation claims, victims of serious international crimes 881
security and safety of personnel 229–30
Security Council see Security Council
United States
Alien Tort Statute 807–8
life, right to 366–7
military commissions post-9/11 see US military commissions post-9/11
military objectives 133
private military and security companies 638–9, 651–3
unlawful combatant 611
War on Terror see War on Terror
universal criminal jurisdiction
definition 875–6
impunity of perpetrators of serious international crimes, ending 875–7
Universal Declaration of Human Rights 381
fair trial guarantees 413–4
right to life 367–8
universal jurisdiction 838–9
unlawful combatants 605–23
definition, Israeli law 619–20
in enemy hands in international armed conflict 607–16
derogations 613–4
legal protection under Geneva Convention IV 609
minimum guarantees under customary international law 614–6
penal prosecution 616
personal field of application of Geneva Convention IV 609–11
substantive protections under Geneva Convention IV 612–3
in enemy hands in non-international armed conflict 617–8
national practice
Israel, law on incarceration of unlawful combatants 619–20
US, fight against terrorism 620–2
notion of 32
rules of conduct of hostilities 618–9
terminology 606–7
unlawful enemy combatants defined 622
unmanned armoured vehicles 292
unmanned combat aerial systems 142–3
unmanned seagoing vehicles 149
unnecessary suffering
definition 106
restriction on use of certain weapons or projectiles 106
unprivileged combatants/belligerents see unlawful combatants
US military commissions post-9/11 428–39
current proceedings 438–9
Manual for Military Commissions 430–5
Manual of Military Commissions 2010 437–8
Military Commissions Act 2006 430–5
Military Commissions Act 2009 435–6
unilateral executive control 2001–06 429–30
use of force 545–73
definition of aggression 549–51
exceptions to prohibition 563–72
armed counter-measures 566–8
hot pursuit 570–2
protection of national abroad 568–70
‘self-defence lite’ 566–8
peace operations 221–5
prohibition of between states 546–9
self-defence see self-defence
UN Charter 545
Vattel, Emer de 250, 557
Vest, Hans 651
(p. 909) Vienna Convention on the Law of Treaties
breach of IHL treaty, legal effects 86
denunciation clause 85
von Clausewitz, Carl 8, 261, 275
war crimes 737–65
criminalization 740–4
cruel, inhuman or degrading treatment 398
cultural property, hostility against and misappropriation of 511–6
forcible displacement 113
IHL rules 744–51
classes of war crimes 745–7
definition 744
nexus with the armed conflict 750–1
seriousness of violation 747–50
war crimes of conduct and war crimes of result, distinction 747–50
peacekeepers, attacks against 242
rape and sexual violence
IHL pre-1990 681–2
international criminal tribunals 687
states' obligations to prosecute perpetrator 865
terrorism and acts of terror 592–6
torture 398, 404–5
War on Terror 660
detention of suspects 598–600
unlawful combatants, US practice 620–2
US military commissions post-9/11 see US military commissions post-9/11
warning zones
naval warfare 168
warships see maritime warfare
Warwick, Kevin 293
weapons 273–95
air warfare 141–3
armies equipped with authorized, high command responsibility 114
arms control agreements 278
arms trade 279
banned/use in specific circumstances, lack of clarity 11
bans, future extension 295
basic principles of weapons law 282–9
distinction principle 282–4
humanity principle 284–6
nature of weapons and means of warfare 286–7
precautions in attack 287–8
proportionality rule 287–8
summary 288–9
Biological Weapons Convention 63
environmental protection 478
Chemical Weapons Convention 64
environmental protection 477–8
choice of, commander’s responsibility 109
context of weapons law 277–9
conventional sources of law 279–81
Conventional Weapons Convention 281
armed non-state actors 775
cultural property, protection 497
environmental protection 479
customary weapons law 289–91
definition 276–7
disarmament agreements 277–8
distinction principle 282–4
environmental protection 477–8
humanity principle 284–6
immediate issues 294–5
nature of weapons and means of warfare 286–7
new and emerging technologies 291–4
nuclear, US–Russia New START agreement 279
precautions in attack 287–8
proportionality rule 287–8
remote vehicles 292
restriction on use of certain 106
treaties
armed non-state actors 775–6
limiting production or use 63–4
Unmanned Aerial Vehicles (UAVs) 292
weapons of mass destruction 280
Weinstein, Jeremy M. 809
Weisel, Elie 849
Wight, Martin 278
women see gender
World Human Rights Court 467
wounded and sick persons
respect for and protection of, land warfare 101
Zegveld, Liesbeth 787, 828