Yearbook of International Humanitarian Law, Volume 22 (2019)

Part I. Expert Manuals -- Chapter 1. Law of Armed Conflicts Manuals -- Chapter 2. A Room Full of Experts: Expert Manuals and Their Influence on the Development of International Law -- Chapter 3. The Leuven Manual on the International Law Applicable to Peace Operations: An Ambitious Sui Generis Expert Panel Manual with Time on Its Side? -- Part II. Other Articles -- Chapter 4. Examining a Norm of Customary International Law that Criminalises the Intentional Use of Starvation of the Civilian Population as a Method of Warfare -- Chapter 5. Does International Law Permit the Provision of Humanitarian Assistance Without Host State Consent? Territorial Integrity, Necessity and the Determinative Function of the General Assembly -- Chapter 6. Article 36: Review of AI Decision-Support Systems and Other Emerging Technologies of Warfare -- Part III. Year in Review -- Chapter 7. Year in Review 2020 -- Table of Cases -- Index.

Intro -- Editorial -- Contents -- Part I Expert Manuals -- 1 Law of Armed Conflict Manuals -- 1.1 My Involvement with LOAC Manuals -- 1.2 The Rationale of LOAC Manuals -- 1.3 Codification of the Lex Lata -- 1.4 LOAC Manuals and Custom -- 1.5 LOAC Manuals and Treaties -- 1.6 Consultations with Governments -- 1.7 LOAC Manuals and Official National Military Manuals -- 1.8 Successive LOAC Manuals -- 1.9 Format: Black-Letter Rules -- 1.10 Format: Commentary -- 1.11 Updates -- 1.12 Conclusions -- References -- 2 A Room Full of Experts: Expert Manuals and Their Influence on the Development of International Law -- 2.1 Introduction -- 2.2 The Formal Role of Expert Manuals -- 2.3 A Room Full of Experts -- 2.4 Process and Methodology -- 2.5 Finding the Law -- 2.6 Conclusion -- References -- 3 The Leuven Manual on the International Law Applicable to Peace Operations: An Ambitious Sui Generis Expert Panel Manual with Time on Its Side? -- 3.1 Introduction -- 3.2 Methodology -- 3.2.1 Initial Main Efforts -- 3.2.2 Research and Drafting -- 3.2.3 Format -- 3.2.4 Dissemination -- 3.2.5 Status as a Living Reference Work -- 3.3 Authority -- 3.3.1 Introduction -- 3.3.2 Expert Consensus -- 3.3.3 Geographical Representation -- 3.3.4 The Way the Leuven Manual Was Published, Welcomed and Reviewed -- 3.3.5 The Expertise of the Members of the Group of Experts and the Quality of Their Research -- 3.3.6 The Degree to Which the Leuven Manual Is and Will Be Used as a Reference Work -- 3.4 Conclusion -- References -- Part II Other Articles -- 4 Examining a Norm of Customary International Law that Criminalises the Intentional Use of Starvation of the Civilian Population as a Method of Warfare -- 4.1 Introduction -- 4.2 State of the Art -- 4.3 Indispensable Ingredients of the Customary Rule -- 4.3.1 State Practice -- 4.3.2 Opinio Juris Sive Necessitates -- 4.4 Conclusion.

Part I. 70th Anniversary of the Geneva Conventions.-.Chapter 1. Evolution of the International Humanitarian Law Provisions on Sieges -- Chapter 2. Towards a Better Understanding of the Concept of 'Indiscriminate Attack'; How International Criminal Law Can Be of Assistance. Chapter 3. Double Trouble: The 'Cumulative Approach' and the 'Support-Based Approach' in the Relationship between Non-State Armed Groups -- Chapter 4. The Rebel with the Magnifying Glass: Armed Non-State Actors, the Right to Life and the Requirement to Investigate in Armed Conflict -- Chapter 5. A Bird's-Eye View on Compliance with the Law of Armed Conflict 70 Years after the Adoption of the Geneva Conventions -- Chapter 6. Not the Usual Suspects: Religious Leaders as Influencers of International Humanitarian Law Compliance -- Part II. Other Articles -- Chapter 7. Appellate Deference Versus the De Novo Analysis of Evidence: The Decision of the Appeals Chamber in Prosecutor v Jean-Pierre Bemba Gombo -- Chapter 8. Year in Review 2019 -- Table of Cases -- Index.

Part I Wepons Law.-The Demands of Future Operations and the Promise of Non- or Less-Lethal Weapons -- The Status of Nuclear Deterrence under International Law in Light of the Treaty on the Prohibition of Nuclear Weapons -- Lethal Autonomous Weapon Systems and Their Compatibility with International Humanitarian Law: A Primer on the Debate -- The Law of Armed Conflict Issues Created by Programming Automatic Target Recognition Systems Using Deep Learning Methods -- Part II Other Articles -- Ordinances and Articles of War before the Lieber Code, 866-1863: The Long Pre-history of International Humanitarian Law -- Year in Review 2018

Intro -- Editorial BoardGeneral EditorsProf. Terry D. Gill (Editor-in-Chief), University of Amsterdam/Netherlands Defence AcademyProf. Tim McCormack (Editor, Correspondents' Reports), University of MelbourneProf. Robin Geiß (Editor), University of GlasgowProf. Heike Krieger (Editor), Free University of BerlinManaging EditorDr. Christophe Paulussen, T.M.C. Asser Instituut, The HagueEditorial AssistantGeneviève Girard, LL.M., T.M.C. Asser Instituut, The HagueBoard of Advisors to the Editorial BoardDr. Loui -- Board of Advisors to the Editorial Board -- Board of Recommendation -- In Memoriam-Frits Kalshoven (1924-2017) -- Contents -- Armed Groups -- 1 Armed Groups, Rebel Coalitions, and Transnational Groups: The Degree of Organization Required from Non-State Armed Groups to Become Party to a Non-International Armed Conflict -- Abstract -- 1.1 Introduction -- 1.2 The Organization Requirement Under Contemporary IHL -- 1.2.1 A Glance at the Origins of the Organization Criterion -- 1.2.2 A Party to an Armed Conflict Not of an International Character -- 1.2.2.1 A Collective Entity -- 1.2.2.2 The Ability to Engage in Sufficiently Intense Armed Violence -- 1.2.2.3 Ability to Ensure Respect for Basic Humanitarian Norms -- 1.3 Uniting Multiple Armed Groups into One Party to a NIAC -- 1.3.1 The "Belonging Test" -- 1.3.2 The "Control Test" -- 1.4 Transnational Armed Groups -- 1.4.1 Transnational Armed Groups with Hierarchical Command and Control Structures -- 1.4.2 Transnational Armed Groups Without Traditional Command and Control Structures -- 1.5 Conclusion -- References -- Articles, Books and Other Documents -- Case Law -- Treaties -- 2 Welcome on Board: Improving Respect for International Humanitarian Law Through the Engagement of Armed Non-State Actors -- Abstract -- 2.1 Introduction -- 2.2 Engaging ANSAs -- 2.2.1 Mapping IHL Violations Committed by ANSAs

Intro -- Editorial Board -- Contents -- Part I The Evolution of Warfare -- 1 The Evolution in the Legal Protection of Victims of Armed Conflict -- Abstract -- 1.1 The Emergence of Legal Protection of Victims of Armed Conflict -- 1.2 Who Is a Victim of Conflict? -- 1.3 IHL and the ICRC -- 1.4 The Changing Nature of Conflict -- 1.5 Developments in Means and Methods of Warfare -- 1.6 The Way Forward -- 2 One Hundred Years of Chemical Warfare and Disarmament: Then and Now -- Abstract -- 3 Warfare 1914-2014: The Most Violent Century in Human History -- Abstract -- Part II The Law of Weaponry 1914-2014 -- 4 The Prohibition to Use Chemical Weapons -- Abstract -- 4.1 The Use of Chemical Weapons -- 4.2 The Prohibition of the Use of Chemical Weapons -- 4.2.1 Early Limitations upon the Use of Chemical Weapons -- 4.2.2 The 18991907 Hague Regulations -- 4.2.3 The 1925 Geneva Protocol -- 4.2.4 The 1993 Chemical Weapons Convention -- 4.2.4.1 Situations Covered -- 4.2.4.2 Substances Covered -- 4.2.4.3 The CWC and Reservations to the Geneva Protocol -- 4.3 Linking the Prohibition of Use to Disarmament -- 4.4 Ensuring Accountability: Rome and Kampala -- 4.4.1 The Obligation Under the CWC to Adopt Penal Legislation -- 4.4.2 Accountability Before the International Criminal Court -- 4.4.3 Substances Covered by the Rome Statute's Provisions -- 4.4.4 Situations Covered -- 4.5 Beyond Regime-Building: Maintaining Regime Integrity -- References -- 5 The Evolution of Legal Approaches to Controlling Nuclear and Radiological Weapons and Combating the Threat of Nuclear Terrorism -- Abstract -- 5.1 Introduction -- 5.2 The Evolution of Legal Rules Under the International Law of Arms Control -- 5.3 Devising an International Legal Framework to Control Atomic Energy -- 5.3.1 Overcoming "Narrow Sovereignty": The International Atomic Energy Agency.

This volume commemorates the centenary of the First World War (1914-2014) and aims to capture 100 years of warfare evolution. Among the main issues addressed are the changing nature of means and methods of warfare, the law of weaponry, and challenges to humanitarian assistance and protection of the civilian population affected by armed conflict. Specific topics include the legal regime governing nuclear weapons, the prohibition of chemical weapons and arms control, the evolution of naval warfare, asymmetric conflicts, the law of occupation and cultural property. A comprehensive Year in Review also describes the most important events and legal developments that took place in 2014. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students

Editorial Board -- Contents -- Part I Contemporary Armed Conflicts and Their Implications for International Humanitarian Law -- 1 Government Recognition and International Humanitarian Law Applicability in Post-Gaddafi Libya -- Abstract -- 1.1 Introduction: The Deceitful Death of Recognition -- 1.2 A Tale of Two (or Three) Governments -- 1.2.1 House of Representatives v. General National Congress -- 1.2.2 Government of National Unity and the Rise of the Islamic State Group -- 1.3 Effectiveness and the Question of Being (or not Being) a Government

'The Tallinn Manual on the International Law Applicable to Cyber Warfare' and 'Child Soldiers and the Lubanga Case' are the two central themes of this volume. Each of these timely topics is addressed from three different angles, providing a truly comprehensive analysis of the subject. The book also features an article on the duty to investigate civilian casualties during armed conflict and its implementation in practice and an elaborate Year in Review, discussing developments that occurred in 2012. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students

This volume contains several articles on the topic 'Detention in non-international armed conflict', including the Copenhagen Process, and moreover features contributions on autonomous weapons systems, Apartheid and the second Turkel Report. It also contains an elaborate Year in Review and a special section on the high-level Boundaries of the Battlefield symposium, including a conference report and several in-depth reflections on various other aspects of the symposium. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.