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The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.

Volume 24 of the Yearbook of International Humanitarian Law (IHL) is dedicated to investigating IHL's universalist claims from different perspectives and regarding different areas of IHL. While academic debates about "universalism versus particularism" have dominated much of the critical scholarship in international law over the past two decades, they remain relatively underexplored in the field of IHL. The current volume fills this gap in IHL literature by focusing on the ways in which different interpretive communities approach questions of IHL from differing perspectives. Authors were invited to use the concept of culture to deconstruct and take critical distance from the production, interpretation, and application of IHL, and those keen on challenging the idea that IHL needs critical deconstruction were also invited to argue their case. The Volume contains four articles dedicated to the subject of cultures of IHL. It also features a book symposium on Samuel Moyn's Humane: How The United States Abandoned Peace and Reinvented War (2021) and ends, as usual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL and will continue to do so in the future. As this volume shows, it is also a forum for taking a step back and reflecting on the broader, theoretical issues that inform the practice and thinking about the field. The Yearbook provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, it 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.

For some, the aftermath of the events of September 11, 2001, seemed to prove that the existing rules of international humanitarian law were outdated and that they needed immediate reformation and reinterpretation. These rules rested on the paradigm of a World War II-kind of interstate conflict with heavy weapons being used on both sides, whereas today asymmetric and more sporadic forms of conflict are pitted against non-State actors. Five years after the terror attacks, the world looks back on an international debate on the status and treatment of terrorist suspects which has at least led to the conclusion that the Geneva Conventions of 1949 are not as outdated and that their basic principles and rules are still valid and legitimate. The US Supreme Court has recently confirmed that the common Article 3 of the Geneva Conventions give terrorist suspect detainees a right to have a proper trial. Adapted from the source document.

Foreword : IHL in a time of crisis - back to the basics? / Guido Acquaviva -- Promoting the teaching of IHL in universities : overview, successes, and challenges of the icrc's approach / Etienne Kuster -- Experiences in engaging states and non-state armed groups to further respect for international humanitarian law / Jonathan Somer and Andrew Carswell -- Legislative measures in international humanitarian law : a jigsaw of subtle fragmentation / Azra Kuci and Jelena Plamenac -- The future of the international humanitarian fact-finding commission : a possibility to overcome the weakness of IHL compliance mechanisms? / Robert Heinsch -- The role of United Ntions commissions of inquiry in the implementation of IHL : potential and challenges / Theo Boutruche -- The intricate relationship between international human rights law and international humanitarian law in the European Court for Human Rights case law : an analysis of the specific case of detention in non-international armed conflicts / Damien Scalia and Marie-Laurence Hebert-Dolbec -- International humanitarian law in the jurisprudence of international criminal tribunals and courts / Alessandra Spadaro -- Entries