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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.

Part I. Cultures of IH -- Chapter 1. Des-Encanto: Latin America and International Humanitarian Law -- Chapter 2. Rites of Affirmation: The Past, Present, and Future of International Humanitarian Law -- Chapter 3. Prisoners of War, Taking of Hostages and the Colombian Armed Conflict: Challenges Arising Out of Conflictive Understandings of IHL by Different Actors in Particular Contexts -- Chapter 4. Read the Room: Legal and Emotional Literacy in Frontline Humanitarian Negotiations -- Part II. Focus Section: Samuel Moyn's Humane: How The United States Abandoned Peace and Reinvented War (2021) -- Chapter 5. Wars with and for Humanity -- Chapter 6. The Peace Movement and Grassroots International Law -- Chapter 7. Emancipation, Humanity, and Peace: A Response -- Part III. Year in Review -- Chapter 8. Year in Review 2021 -- Table of Cases -- Index.

Intro -- Editorial Board -- Editorial -- Contents -- Part I Cultures of IHL -- 1 Des-Encanto: Latin America and International Humanitarian Law -- 1.1 Introduction -- 1.2 Situating Latin America in the History of the Laws of War -- 1.3 Criollo Law of War -- 1.4 Litigating the Laws of War -- 1.5 The Disenchantment of Latin America -- 1.6 Conclusions -- References -- 2 Rites of Affirmation: The Past, Present, and Future of International Humanitarian Law -- 2.1 Introduction -- 2.2 Progress and Promise -- 2.3 An Immanent Cult -- 2.4 The Limits of History -- 2.5 The Uses of History -- 2.5.1 Exogenous Uses -- 2.5.2 Endogenous Uses -- 2.6 Coming to Terms with Anxiety: From History to Social Memory -- 2.6.1 Formalist Anxieties -- 2.6.2 Anxieties of Conscience/Consciousness -- 2.6.3 Vows Renewed, Promises Deferred -- 2.6.4 Histories of Deferment and Exculpation -- 2.6.5 Achievement, Anxiety and Misconception -- 2.7 Conclusion: Re-historicising the Laws of War -- References -- 3 Prisoners of War, Taking of Hostages and the Colombian Armed Conflict: Challenges Arising Out of Conflictive Understandings of IHL by Different Actors in Particular Contexts -- 3.1 Introduction -- 3.2 Detentions by Non-state Armed Groups in NIAC in the Light of IHL: Three Dimensions of the Same Phenomenon -- 3.2.1 The Impossibility to Automatically Transfer IHL Regulations for POW to NIACs -- 3.2.2 The IHL Regulation Over the Moment of Retention by Non-state Armed Groups -- 3.2.3 IHL Regulation on Conditions of Captivity by Non-state Armed Groups -- 3.2.4 IHL Regulation on Liberation of Persons Deprived of Their Physical Liberty by Non-state Armed Groups -- 3.2.5 Conclusion to Sect. 3.2 -- 3.3 FARC-EP's Detention of Members of Colombian Military Forces: The Impact of the Participation of the Former Members of the FARC-EP Secretariat in the Delimitation of IHL.

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.

Part I. International Humanitarian Law and Neighbouring Frameworks -- Chapters 1. You Say Precautions, I Say Prevention: Towards the Systemic Integration of International Humanitarian Law and International Environmental Law -- Chapter 2. International Humanitarian Law and International Investment Law: Mapping a Developing Relationship -- Chapter 3. Defences to State Responsibility in International Humanitarian Law -- Chapter 4. Thinking with IHL in Contexts of Counterterrorism: The Case of Criminal Justice Systems in the Sahel. Part II. Focus Section: International Humanitarian Law and the Russian Aggression against Ukraine -- Chapter 5. Who is at War? On the Question of Co-Belligerency -- Chapter 6. "Inside" and "Outside": Assessing the Russian Blockade against Ukraine -- Chapter 7. Heads of State as War Criminals: The Prospects and Challenges of Tracing War Crimes to Senior political Leaders in Russia -- Part III. Year in Review -- Chapter 8. Year in Review 2022 -- Table of Cases -- Index.

AbstractThis article takes a critical look at the development of international humanitarian law (IHL), from its early codification in the Hague and Geneva Conventions to the present day. It examines why and how IHL develops – through treaty, custom, interpretation and soft-law instruments, as well as the influence of jurisprudence and other branches of law. In doing so, it highlights some of the distinctive elements of IHL that set it apart from other bodies of law and explains how these elements influence IHL development. Turning to the present, it addresses some of the key arguments commonly heard against attempting any further development of IHL, by answering the following three key questions: Does IHL need to develop further? If so, how can this be achieved? And what are the prospects for such development in the near future? In answering these questions, the article argues that IHL will continue to develop in many ways, and that while the current environment does not appear propitious for new legally binding norms of IHL, they continue to be both necessary and possible.

AbstractThis article explores the interface between religion and international humanitarian law (IHL), and the degree to which they might complement and reinforce each other. It examines some of the challenges inherent in regulating armed conflict and the understandable limitations of IHL in this respect, and argues that re-engagement with IHL's religious roots can help to alleviate them. Engagement with religious circles mobilizes the vast resources of religions to increase knowledge of IHL and corresponding religious norms, thereby enhancing their legitimacy across religious and cultural divides. This is most effective when comparative study of IHL and religious teachings stimulates mutual learning and debate, in which both correspondences and differences are embraced. In the absence of a strong legal enforcement regime, religions can reinforce military ethics by tapping deeply into the identities, motivations and moral values of many belligerents, and possess powerful means to socialize the rules of war and improve voluntary compliance. Introspective religious practices encourage the moral self-reflection that is most effective at internalizing norms in this respect, as well as providing belligerents with the spiritual and psychological support needed to bolster their resilience and enable them to perform with precision and restraint.

AbstractRespect for international humanitarian law (IHL) in the battlefield is contingent on the measures undertaken in peacetime. Indeed, satisfactory compliance with IHL rests in the implementation of multiple measures at the domestic level crossing different spheres, including legislative, administrative and educational. In most latitudes, governments and other stakeholders coordinate these measures in what is known as National Committees for the Implementation of International Humanitarian Law. The article addresses the practice of these bodies in Latin America and provides alternatives to enhance their work.

Providing a black letter text of international humanitarian law, along with case analysis and commentary by a team of internationally renowned experts, this resource also highlights the interplay of international humanitarian law with human rights law, and other branches of international law

War is the biggest enemy of humankind. None of the catastrophescan inflict more damage on humanity than does the war. Althoughwar is condemned by the UN law, there are no strategicmechanisms to prevents its occurrence over time. The given articledoes not concentrate on any concrete war. Its main goal is todiscuss the issue of preventing war. Why do states go for war?What are the reasons of war? How strong is the mechanism ofpeaceful solution? Where is the line between just and unjust war?Is today the world peace possible? How secure is the worldtoday? The given article condemns all forms of war, however itadmits that war is still inevitable in some instances and thus itconcentrates of the humanitarian law- what was achieved, whatis its current state and what may be done in the future in this respect.In a world where the great powers control everything, thefactor of brute force still is on the agenda. The given article discussesthe potential of the humanitarian law as a means of peacefulresolution of conflicts in future. In the process of writing thearticle, our country came face to face before the brutalities of war.So it would be impossible to avoid discussing this episode as well.Although fully unbiased evaluation of this event will requiresome time, the article will try to cover main facts and discuss therole international relations and more specifically the humanitarianlaw played in the 5-day war between Russia and Georgia (August2008).

Providing a black letter text of international humanitarian law, along with case analysis and commentary by a team of internationally renowned experts, this resource also highlights the interplay of international humanitarian law with human rights law, and other branches of international law

"This book explores the nature and scope of the provision requiring States to 'ensure respect' for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of 'respect' for IHL, it builds on the existing literature studying the meaning of 'ensure respect' and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighters. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations"--

Common Article 1 : an introduction / Eve Massingham and Annabel McConnachie -- The Geneva Conventions and their Additional Protocols / Jonathan Crowe -- Ensuring respect for IHL in the international community : Navigation expectations for humanitarian law diplomacy by third States not a party to an armed conflict / Sarah McCosker -- Parliamentary scrutiny committees' contribution to the obligation to respect and ensure respect for IHL / Lara Pratt -- Ensuring respect for IHL by, and in relation to, the conduct of private actors / Catherine Drummond -- Ensuring respect for IHL by Kenya and Uganda in South Sudan : a case study / Kenneth Wyne Mutuma -- Ensuring respect and targeting / Dale Stephens -- Weapons and the obligation to ensure respect for IHL / Eve Massingham -- Artificial Intelligence and the obligation to respect and to ensure respect for IHL / Hitoshi Nasu -- The obligation to ensure respect for IHL in the peacekeeping context : progress, lessons and opportunities / Leanne Smith -- The obligations to ensure respect in relation to detention in armed conflict / Kelisiana Thynne -- CA1 and counter-terrorism legislation : challenges and opportunities in an increasingly divided world / Yvette Zegenhagen and Petra Ball -- Ensuring respect for IHL as it relates to humanitarian activities / Nathalie Weizmann -- The nature of the obligation to ensure respect under IHL for people displaced as a result of armed conflict / Linda Ngesa -- Challenges in the application of the obligation to ensure respect for IHL : foreign fighters as an example / Marnie Lloydd -- The external dimension of CA1 and the creation of International Criminal Tribunals / Parisa Zangeneh -- Conclusion / Eve Massingham and Annabel McConnachie.

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