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Belligerent Reprisals examines the historical developments in the law and practice relating to recourse to belligerent reprisals, as a (primitive) means of law enforcement in the hands of a party to an armed conflict, victim of a violation of the law of war at the hands of its enemy. As a legal concept, the notion means that the victim in turn violates a rule of the same body of the law of war, with the purpose of thus inducing the enemy to terminate its unlawful conduct. However, the enemy may in its turn denounce the so-called reprisal as an unlawful act of war and retaliate against it, thus setting in motion the ill-famed spiral of negative reciprocity. While early lawmakers refrained from taking up the issue, prohibitions of reprisals could be achieved in conventions adopted in 1929 and 1949 on the protection of the power of the enemy. In contrast, reprisals (or retaliatory conduct announced under that title without meeting the requisite conditions) were common practice in the conduct of hostilities, with civilians in non-occupied territory as the main victims. With major governments disinclined to give up this tool, the ban on reprisals against civilian populations ultimately accepted in the Protocols of 1977 Additional to the Geneva Conventions of 1949 could only be hard-fought, and it remains contested to this day. First published in 1971, Belligerent Reprisals has become a classic work on this complex topic. The analysis of lawmaking and state practice it contains is as valid today as it was in the late 1970's, and elucidates the dilemmas inherent in the notion of belligerent reprisal, as a means of law enforcement that can go terribly wrong.
Reprisals. --- Belligerency. --- Belligerency --- Reprisals
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"Prior to the progressive development of the Law of Armed Conflict heralded by the 1949 Geneva Conventions - most particularly in relation to the concepts of international and non-international armed conflict - the customary doctrine on recognition of belligerency functioned for almost 200 years as the definitive legal scheme for differentiating internal conflict from 'civil wars' in which the law of war as applicable between states applied de jure. Employing a legal historical approach, this book describes the thematic and schematic fundamentals of the doctrine, and analyses some of the more significant challenges to its application. In doing so, the book assesses whether, how, and why the doctrine on recognition of belligerency was considered 'fit for purpose', and seeks to inform debate as to its continuity and utility within the modern scheme of the Law of Armed Conflict"
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Belligerency --- Neutrality --- Neutralité
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Belligerency --- War, Declaration of --- War (International law)
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Belligerency --- Neutrality --- War, Maritime (International law) --- History --- History --- History
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It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.
Intervention (International law) --- History. --- Military intervention --- Diplomacy --- International law --- Neutrality --- Belligerency. --- Belligerency --- War (International law) --- Law and legislation --- Use of force (International law)
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In Civilian or Combatant?: A Challenge for the 21st Century, Anicee Van Engeland describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engelan
Combatants and noncombatants (International law) --- Noncombatants (International law) --- Armed Forces --- Belligerency --- Military law --- International law
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La guerre en Ukraine n'est pas seulement le produit des « délires paranoïaques » d'un homme, fût-il président d'une puissance qui compte, y compris sur le plan militaire. La pensée unique et les caricatures idéologiques qui n'ont cessé d'accompagner ce retour de la guerre en Europe font silence sur les trente années d'une page d'histoire déterminante, qui a contribué à réunir toutes les conditions d'une escalade et d'un conflit de haute intensité dont le peuple ukrainien paie le prix le plus élevé. Comprendre toutes les causes de cette guerre, comprendre l'erreur stratégique majeure de Poutine, le rôle décisif des États-Unis, de l'OTAN et plus généralement des puissances occidentales est indispensable au regard des effets de transformation globale de la situation internationale et du monde de demain dont ce conflit est porteur. Jacques Fath est un spécialiste des relations internationales, des enjeux de la sécurité et de la conflictualité mondiale. Il est membre de l'Initiative pour le désarmement nucléaire (IDN). Son approche alternative est résolument critique des politiques et des courants de pensée dominants.
World politics --- Putin, Vladimir Vladimirovich, - 1952 --- -Ukraine --- European Union countries --- Belligerency --- Russia (Federation) --- United States --- Relations
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War (International law) --- Belligerency --- Civil war --- Intervention (International law) --- Guerre (Droit international) --- Guerre civile --- Intervention (Droit international)
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Traditions of War brings together developments in political and legal thought, the conduct of military occupations, and the attempts by the international community to regulate the treatment of civilians within this aspect of warfare.
War (International law) --- Combatants and noncombatants (International law) --- History. --- Philosophy. --- Hostilities --- Noncombatants (International law) --- International law --- Neutrality --- Armed Forces --- Belligerency --- Military law
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