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Do the Geneva Conventions matter?
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ISBN: 0190690976 9780190690977 Year: 2017 Publisher: New York, NY : Oxford University Press,

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This work offers a comparative analysis of state practice with regard to the Geneva Conventions. It seeks to answer three questions of critical importance to understanding their role and impact: (1) How have the Geneva Conventions been incorporated into the laws and practices governing armed forces in particular countries? (2) In what ways has the Geneva regime constrained the behavior of states facing situations such as guerrilla warfare and terrorism, where one would expect the Conventions to come under the greatest pressure? (3) What factors have contributed to the successes and failures of the Geneva Conventions to protect human rights in wartime?


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Preparing for war : the making of the Geneva Conventions
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ISBN: 9780198868071 0198868073 0191945692 0192638394 Year: 2022 Publisher: Oxford Oxford University Press

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The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. They continue to shape contemporary debates about regulating warfare. But their history is often misunderstood. For many observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. This book tells a different story. It shows how the final text of the Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters. It also concerned a great deal more than simply recognizing the shortcomings of international law as revealed by the experience of war. This book, based upon meticulous archival research and critical legal methodologies, argues that a better way to understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the silhouette of humanized war as to establish the legality of waging war itself. Although they did not seek war as such, drafters prepared for it by means of weaving a new legal safety net in the event that their worst fear should materialize-a specter still haunting us today.


Book
Constraints on the wagin of war : an introduction to international humanitarian law
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ISBN: 2881451152 9782881451157 Year: 2001 Publisher: International committee of the red cross = Comité international de la croix rouge,

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First published in English in 1987 and 1991, this third, expanded edition provides basic information about the origin, character, content and current problems of the body of law known traditionally as the law of war and, more recently, as “international humanitarian law applicable in armed conflict” or “humanitarian law.” According to Professor Kalshoven, an expanded edition of this volume was necessitated by two factors: the numerous and far-reaching developments in the field of international humanitarian law in the late 20th century, and the expansion of the scope of international humanitarian law incorporating human rights law and international criminal law.


Book
New rules for victims of armed conflicts
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ISBN: 9004254714 9789004254718 9789004246294 9004246290 130640519X Year: 2013 Publisher: Leiden Martinus Nijhoff Publishers

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It is a major cultural achievement that violence in armed conflicts is restrained by international legal rules. As the nature of these conflicts changes, these rules have to be adapted accordingly in order to provide effective protection for the victims. The adoption of the two Protocols Additional to the Geneva Conventions in 1977 was a major step in this development. The authors, who were involved in the negotiation of these two treaties, give a first hand account of the meaning of the text and the intent of the negotiators. The book is, thus, an important tool to better understand and implement these treaties which have proved their salutary importance in the all too many conflicts during the last decades. The current volume is a revised reprint, with new introductory materials, of the original text published in 1982.


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The concept of non-international armed conflict in international humanitarian law
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ISBN: 1107207827 1282558412 9786612558412 0511713673 0511722982 0511712847 0511714920 0511712111 0511716176 9780511712845 9780511714924 0521760488 9780521760485 9780511712111 9780511722981 Year: 2010 Volume: 65 Publisher: Cambridge : Cambridge University Press,

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Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.

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