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The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.

The 14th Round Table on international humanitarian law was held on 13 and 14 September 1989 at the International Institute of Humanitarian Law in San Remo. Its theme was "Rules of international humanitarian law governing the conduct of hostilities in non-international armed conflicts".In view of the large number of participants (about 150), it was decided to form two working groups and divide the Round Table topic into two sub-topics. The Round Table was to study first the general rules governing the conduct of hostilities in non-international armed conflicts (sub-topic A) and then the prohibitions and restrictions on the use of certain weapons in non-international armed conflicts (subtopic B).

Intro -- The Authors -- Contents -- Table of Cases -- Table of Legislation -- Introduction -- 1. An Overview of the Normative Framework of Jus in Bello -- I. Introduction -- II. The Fundamental Rules on the Conduct of Hostilities -- III. Principles and Rules Governing Use of Weapons -- 2. Defining an Armed Conflict -- I. Introduction -- II. International Armed Conflict -- III. Non-International Armed Conflict -- IV. Armed Conflicts Co-existing over the Same Territory -- 3. Identifying Situations of Hostilities -- I. Introduction -- II. Defining Hostilities -- III. Material Scope of Hostilities -- IV. Geographical Scope of Hostilities -- V. Temporal Scope of Hostilities -- VI. Nexus to Hostilities -- VII. Law of Law Enforcement Rules -- 4. The Rule of Distinction in Attack: Objects -- I. Introduction -- II. The Primary Rule -- III. The Application of the Rule -- IV. Objects Enjoying Special Protection from Attack -- V. Attacks against Civilian Objects under International Criminal Law -- 5. The Rule of Distinction in Attack: Persons -- I. Introduction -- II. The Primary Rule -- III. The Application of the Rule -- IV. Individuals Enjoying Special Protection from Attack -- V. Attacks against Civilians under International Criminal Law -- 6. The Rule of Proportionality in Attack -- I. Introduction -- II. The Primary Rule -- III. The Application of the Rule -- IV. Disproportionate Attacks under International Criminal Law -- 7. The Rule of Precautions in Attack -- I. Introduction -- II. The Primary Rules -- III. Feasible Precautions -- IV. Refraining from Deciding to Launch an Indiscriminate Attack -- V. The Duties of the Defender -- VI. Consequences of a Violation -- 8. The Superfluous Injury Rule -- I. Introduction -- II. The Primary Rule -- III. The Application of the Rule -- IV. Violation of the Rule under International Criminal Law

The problem studied in this thesis is the dilemma of the modern international law of armed conflict, in its application to contemporary forms of warfare. Wars being fought today occur predominantly on an intrastate level. Meanwhile, the bulk of relevant international law applies mainly to inter-state forms of armed conflict. The discussion of this problem examines the emergence of the politically motivated mass army in the early nineteenth century. Older customary restraint in war broke down in favour of international legal codification. The impact of total war in the first half of the twentieth century broke down the effectiveness of the law of war. Reconstruction of the law created a greater distinction between non-combatant and combatant, in order to protect non-combatants from the effects of war. The modern law of war remains predominantly concerned with international armed conflict. This has created serious problems when attempting to apply laws of restraint to civil war. International organizations such as the Red Cross have emphasized the humanitarian value of the law of armed conflict in hopes of finding a means of applying law to intrastate warfare. As intrastate war surpasses international armed conflict in frequency, international law is again in danger of breaking down. As armed violence transcends the borders of the sovereign state, the state may be impeding efforts to apply effective international law to armed conflict.

"International Law and Armed Conflict" published on by Oxford University Press.

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions.

Newly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.