Suchergebnisse

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.

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

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations)

Preliminary Material -- The Law of Naval Warfare and International Criminal Law: Germany's Federal Prosecutor on The Gaza Flotilla Incident /Claus Kreß -- Israeli Occupation of the West Bank and the Role of the Courts: The Case of Palestinian Workers in Israel /Kenneth Mann -- Teasingly Inconclusive? Teasing out from the Travaux Préparatoires the Drafters' Intentions on the So-Called 'Homeland Battlefield Unprivileged Belligerents' under the 1949 Geneva Conventions /Yutaka Arai-Takahashi -- Detention Operations in Non-International Armed Conflicts between International Humanitarian Law, Human Rights Law and National Standards: A NATO Perspective /Steven Hill and Leonard Holzer -- Airstrikes, UAVs and Fully Autonomous Weapon Systems, and the Extraterritorial Application of Human Rights Law /Tassilo Singer -- Politicization of Human Rights and International Humanitarian Law: Israel's Dilemma /Alan Baker -- The State of a Human Right to a Healthy Environment /Harry H. G. Post -- Self-Definition and the Rights of Others – The Case of Egypt /Haggai Erlich -- Is International Law Relevant to the Arab-Israeli Conflict? /Robbie Sabel -- The American Involvement in the Drafting of Security Council Resolution 242 (1967) /Arnon Gutfeld and Boaz Vanetik -- Invalidations of Laws in Israel in a Comparative Perspective /Guy Lurie and Yuval Shany -- The Impact of the Holocaust on the Development of International Law /Yoram Dinstein -- Judgments of the Supreme Court of Israel Relating to Human Rights /Jeff Lahav.

Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts

War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force. Suitable for graduate and advanced undergraduate students, this market-leading book offers a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Intro -- ISRAEL YEAR BOOK ON HUMAN RIGHTS -- TABLE OF CONTENTS -- ARTICLES -- I. AIR AND MISSILE WARFARE -- The International Law of Air and Missile Warfare -- The Age of the Manual - The Impact of the Manual on International Law Applicable to Air and Missile Warfare -- De Facto Control of Land or Sea Areas -- Its Relevance under the Law of Armed Conflict, in Particular Air and Missile Warfare -- Protection of the Environment and Air and Missile Warfare: Some Reflections -- The Protection of the Environment in Armed Conflict -- II. INTERNATIONAL HUMANITARIAN LAW -- A Needle in a Haystack? Locating the Legal Basis for Detention in Non-International Armed Conflict -- Pandora's Paradoxes: Nuclear Weapons, World Public Order, and International Humanitarian Law -- III. INTERNATIONAL HUMAN RIGHTS -- The Human Rights Committee: Monitoring States Parties Reports -- The European Convention on Human Rights (ECHR), 1950, as a Living Instrument in the Twenty-First Century -- IV. ISRAELI CONSTITUTIONAL LAW -- The Judicial Review Controversy: Marbury v. Madison and Its Manifestations in the Israeli Constitutional Revolution -- JUDICIAL DECISIONS -- Judgments of the Supreme Court of Israel Relating to Human Rights -- SPECIAL SUPPLMENT -- The 2014 Gaza Conflict ("Operation Protective Edge"): Factual and Legal Aspects.

Preliminary Material /Yoram Dinstein --The International Law of Air and Missile Warfare /Yoram Dinstein --The Age of the Manual - The Impact of the Manual on International Law Applicable to Air and Missile Warfare /Dale Stephens --De Facto Control of Land or Sea Areas; Its Relevance under the Law of Armed Conflict, in Particular Air and Missile Warfare /Michael Bothe --Protection of the Environment and Air and Missile Warfare: Some Reflections /Marie Jacobsson --The Protection of the Environment in Armed Conflict /Rüdiger Wolfrum --A Needle in a Haystack? Locating the Legal Basis for Detention in Non-International Armed Conflict /Kubo Mačák --Pandora's Paradoxes: Nuclear Weapons, World Public Order, and International Humanitarian Law /Nicholas Rostow --The Human Rights Committee: Monitoring States Parties Reports /David Kretzmer and Eckart Klein --The European Convention on Human Rights (ECHR), 1950, as a Living Instrument in the Twenty-First Century /Chava Shachor-Landau --The Judicial Review Controversy: Marbury v. Madison and Its Manifestations in the Israeli Constitutional Revolution /Arnon Gutfeld and Yoram Rabin --Judgments of the Supreme Court of Israel Relating to Human Rights /Jeff Lahav --The 2014 Gaza Conflict ("Operation Protective Edge"): Factual and Legal Aspects /Yoram Dinstein.

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations)

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations)

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people.

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations)

1. The Deliberations of the Commissions of the United Nations, 1942-19452. The Charter of the International Military Tribunal, 1945; PART IV: THE CASES; Chapter 1: Trials before International Tribunals; 1. Historical Note; 2. The Nuremberg Trial; 3. The Tokyo Trial; Chapter 2: Trials before National Courts; 1. Historical Note; 2. The 'Subsequent Proceedings' at Nuremberg; 3. Other Trials of War Criminals; Summing-Up of the Cases; PART V: INTERNATIONAL LEGISLATION SINCE 1946; Chapter 1: Doubts and Vacillations; 1. The Genocide Convention, 1948; 2. The Red Cross Conventions, 1949.

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people.

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). This Volume includes a Including cumulative index to volumes 31-40