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The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).
Human rights. --- Human rights --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Government policy. --- Law and legislation --- Civil rights --- Civil liberties --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Constitutional law --- Political persecution
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The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Military occupation. --- War (International law) --- Hostilities --- International law --- Neutrality --- Belligerent occupation --- De facto doctrine (International law) --- Occupation, Military --- Occupied territory --- Armed Forces in foreign countries --- Conquest, Right of --- Military government --- Law --- General and Others
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A companion volume to the author's seminal textbook War, Aggression and Self-Defence, Third Edition, Cambridge (2001), this book focuses on issues arising in the course of hostilities between States, with an emphasis on the most recent conflicts in Iraq and Afghanistan. The main themes considered by Yoram Dinstein are lawful and unlawful combatants, war crimes, including command responsibility and defences, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Numerous specific topics that have attracted much interest in recent hostilities are addressed, such as human shields, feigned surrenders, collateral damage and proportionality, belligerent reprisals and weapons of mass destruction.
War (International law) --- Aggression (International law) --- International law --- Hostilities --- Neutrality --- Law --- General and Others
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A republication of this highly significant work of 1965, this book addresses the defence of superior orders in the context of national and international law, providing a detailed analysis that remains relevant. With a new preface by the author, this book is an accessible text for scholars and practitioners of international criminal law.
International crimes. --- Respondeat superior. --- International criminal law.
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The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). The highlight of Volume 36 of the Israel Yearbook on Human Rights is a reproduction of the full text and commentary of a new Manual relating to Non-International Armed Conflicts (prepared by a Drafting Committee under the aegis of the San Remo International Institute of Humanitarian Law). This is a sequel to the well-known San Remo Manual on International Law Applicable to Armed Conflicts at Sea , published in 1995. The new Manual reflects the results of a larger Project launched by the Institute, the background papers of which were printed in full in volume 30 (2000) of the Yearbook. The sphere of non-international armed conflicts is gaining increasing importance and attention due to the growing frequency and menace of internal wars. The imperative need to come up with an authoritative restatement of the law governing these conflicts has become obvious. This is a first attempt of its kind, and it is bound to arouse interest and debate.
Civil rights --- Human rights --- Basic rights --- Civil liberties --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Constitutional law --- Political persecution --- Law and legislation
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This volume was produced to celebrate the fortieth anniversary of the Israel Yearbook on Human Rights. Forty years have yielded an impressive forty annual volumes. When it was started in 1971, the Yearbook was the first of its kind anywhere in the world. It has always understood its mandate as transcending the narrow borders of the discipline of either national or international human rights. From the outset, international humanitarian law and international criminal law were understood as coming within the proper framework of the Yearbook, as were on occasion articles on diverse freedoms that may seem out of bounds to a strict interpreter of the phrase “human rights”. The present volume brings to the fore only one dimension of the Yearbook, namely essays. Twenty-five of them are collected here: twelve originally appeared in the first twenty issues of the Yearbook, and thirteen in the last twenty volumes, offering a fair cross-section of the literally hundreds of articles in the Yearbook over time, produced by authors from all over the world. Those chosen for inclusion in this Anniversary volume were felt to most impressively tap the rich lode of legal research; present insightful theses for intellectual discourse and argument; and enhance the readers’ knowledge and understanding.
Human rights. --- International law --- Law of nations --- Nations, Law of --- Public international law --- Law --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation
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The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). The Israel Yearbook on Human Rights Volume 46 is also available online .
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This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
International humanitarian law. --- Politics and war. --- International Humanitarian Law, Law of Armed Conflict. --- Military and Defence Studies. --- War --- War and politics --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Political aspects --- International Humanitarian Law, Law of Armed Conflict --- Military and Defence Studies --- Conduct of hostilities --- Outer space --- Cyber operations --- Autonomous weapons --- Underwater devices --- International Humanitarian Law --- Armed Conflict --- Military objectives --- Unmanned operations --- Humanitarian assistance --- Non-state actors --- Open Access --- Public international law: humanitarian law --- Warfare & defence
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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein’s classic works – War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict − the book addresses both ius ad bellum and ius in bello topics.
Law of armed conflicts. Humanitarian law --- War (International law) --- Dinstein, Yoram. --- Conflict. --- International law. --- War (International law). --- International Law --- Law, Politics & Government --- Treaties, International --- Hostilities --- International law --- Neutrality --- Guerre (Droit international)
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