This work represents an analysis of and a reflection on the new challenges of humanitarian law in armed conflicts. It covers the jurisprudential dimension not only of the International Court of Justice, but also all the different legal bodies, including the ad hoc tribunals created by the United Nations. It analyses the purely doctrinal dimension of general aspects such as the solutions to world disorder in this field, the relationship between jus in bello and jus ad bellum, the principles of universal and international jurisdiction, and the notion of justice and peace. More concrete aspects include the situation of foreigners and journalists in armed conflicts, terrorist acts in terms of international humanitarian law and sexual violence as a war crime.
Despite the range of themes addressed, they are all linked with the essential theme of the book,
The New Challenges of Humanitarian Law in Armed Conflicts.
Part I, General Issues, “The links between “ius in bello” and “ius ad bellum”. Can an International Humanitarian Law Concept influence the Determination of the Legality of the Use of Force?”,
Jose Antonio Pastor Ridruejo, “Terrorist acts, armed conflicts and International Humanitarian Law”,
José Luis Rodríguez-Villasante, “Ways out of the world disorder?”,
Peter Leuprecht, “From Kosovo to Iraq, A New Right of Pro-Human Rights intervention?”,
Claribel de Castro-Sánchez, “New Weapons Technologies and International Humanitarian Law: Their Effects on Human Being and the Environment”,
Part II, Particular Issues, “The legal situation of foreigners in armed conflicts”,
Pablo Antonio Fernández Sánchez, “The Protection of Journalists in armed conflicts”,
Claudio Zanghi, “Sexual violence as war crimes”,
Elisabeth Odio Benito, “From Bagdad to Guantanamo. Legal statue and treatment given to the detainees in the “war against terrorism”,
Ruth Abril Stoffels, “Combatants and Armed Elements as Refugees. The Interaction between International humanitarian Law and International Refugee Law”,
Nuria Arenas-Hidalgo, “The refugees: from the International Humanitarian Law to the European Constitution. Good intentions but less than it looks”,
José Manuel Peláez Marón,
Part III, Judicial Issues, “The New Challenges and the Role of the International Court of Justice”,
Rosalyn Higgins, “The role of International Criminal Tribunals in the implementation of Humanitarian Law and the Maintenance of Peace”,
Theodor Meron, “The Principle of Universal Jurisdiction and the Punishable Crimes under Articles 609–614 of the 1995 Spanish Penal Code”,
José B. Acosta-Estévez, “The obstacles to the International Criminal Court: impediments to the enforcement of International Humanitarian Law”,
Carmen Quesada-Alcalá, “The victims of violations of human rights in times of armed conflicts: the right to justice, to truth and to be reparated”,
Laudatio to Professor Carrillo Salcedo, His Excellency Mr. Jorge Sampaio, H.E. Mr. Juan Antonio Yáñez Barnuevo, H.E. Prof. Dr. Julio D. González Campos, H.E. Mr. Federico Mayor Zaragoza, H.E. Mr. Marcelino Oreja Aguirre.
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