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Legal Restraints on the Use of Military Force
Collected Essays by Michael Bothe
Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Thilo Marauhn is Professor of Public Law and International Law at Justus Liebig University Gießen, Germany. He heads the international law research group of the Peace Research Institute Frankfurt and serves as President of the International Humanitarian Fact-Finding Commission. Michael Bothe has been his academic mentor.
Barry de Vries is a Research Assistant at the Department Public Law and International Law at Justus Liebig University Gießen, Germany.
Barry de Vries is a Research Assistant at the Department Public Law and International Law at Justus Liebig University Gießen, Germany.
Bibliographic Information on the Selected Essays of Michael Bothe
An Introduction to Michael Bothe’s Writings on “Legal Restraints on the Use of Military Force”
PART 1
Basic Issues
1 Legal and Non-Legal Norms
A Meaningful Distinction in International Relations?
2 Les Limites des Pouvoirs du Conseil de Sécurité
3 Security Council’s Targeted Sanctions against Presumed Terrorists
The Need to Comply with Human Rights Standards
4 Limits to the Use of Force Imposed by International Law
Current Problems
5 Will Current International Crises Result in Structural Shifts in International Law?
PART 2
International Security
6 Terrorism and the Legality of Pre-emptive Force
7 Peacekeeping and International Humanitarian Law
Friends or Foes?
PART 3
Arms Control
8 Obligations and Protection of Individuals
9 Verification of Disarmament Treaties
10 Non-Proliferation of Weapons of Mass Destruction
Treaty Regimes between Efficiency and Discrimination
PART 4
The Law of Armed Conflict: General Questions
11 Le Droit de la Guerre Et les Nations Unies
A Propos des Incidents Armés au Congo
12 The Historical Evolution of International Humanitarian Law, International Human Rights Law, Refugee Law and International Criminal Law
13 Multiculturalism and the Development of International Humanitarian Law
14 Setting the Scene
New Technologies – New Challenges for IHL?
15 De Facto Control of Land or Sea Areas
Its Relevance under the Law of Armed Conflict, in Particular Air and Missile Warfare
16 The International Committee of the Red Cross and the Additional Protocols of 1977
PART 5
Conduct of Hostilities: Protecting the Environment
17 Protection of the Environment in Times of Armed Conflict
18 Legal Restraints on Targeting
Protection of Civilian Population and the Changing Faces of Modern Conflict
19 The Ethics, Principles and Objectives of Protection of the Environment in Times of Armed Conflict
20 The ILC Special Rapporteur’s Preliminary Report on the Protection of the Environment in Relation to Armed Conflicts
An Important Step in the Right Direction
21 Protection of the Environment in Relation to Armed Conflicts
A Preliminary Comment on the Work of the International Law Commission
PART 6
Protected Persons and Human Rights, Relief
22 Le Sort des Blessés et Malades
Un but Fondamental de la Croix-Rouge
23 Relief Actions
The Position of the Recipient State
24 Human Rights Law and International Humanitarian Law as Limits of Security Council Action
PART 7
Occupation
25 Beginning and End of Occupation
26 Limits of the Right of Expropriation (Requisition) and of Movement Restrictions in Occupied Territory
27 Cutting off Electricity and Water Supply for the Gaza Strip
Limits under International Law
28 The Right to Provide and Receive Humanitarian Assistance in Occupied Territories
PART 8
Other Issues Concerning the Law of Armed Conflict
29 Neutrality in Naval Warfare
What is Left of Traditional International Law?
30 Conflits Armés Internes et Droit International Humanitaire
PART 9
Implementation and Enforcement of IHL
31 Fact-finding as a Means of Ensuring Respect for International Humanitarian Law
32 Remedies of Victims of War Crimes and Crimes against Humanities
Some Critical Remarks on the icj’s Judgment on the Jurisdictional Immunity of States
33 Prevention and Repression of Breaches of International Humanitarian Law
34 Complementarity
Ensuring Compliance with International Law through Criminal Prosecutions – Whose Responsibility?
35 The Role of National Law in the Implementation of International Humanitarian Law
An Introduction to Michael Bothe’s Writings on “Legal Restraints on the Use of Military Force”
PART 1
Basic Issues
1 Legal and Non-Legal Norms
A Meaningful Distinction in International Relations?
2 Les Limites des Pouvoirs du Conseil de Sécurité
3 Security Council’s Targeted Sanctions against Presumed Terrorists
The Need to Comply with Human Rights Standards
4 Limits to the Use of Force Imposed by International Law
Current Problems
5 Will Current International Crises Result in Structural Shifts in International Law?
PART 2
International Security
6 Terrorism and the Legality of Pre-emptive Force
7 Peacekeeping and International Humanitarian Law
Friends or Foes?
PART 3
Arms Control
8 Obligations and Protection of Individuals
9 Verification of Disarmament Treaties
10 Non-Proliferation of Weapons of Mass Destruction
Treaty Regimes between Efficiency and Discrimination
PART 4
The Law of Armed Conflict: General Questions
11 Le Droit de la Guerre Et les Nations Unies
A Propos des Incidents Armés au Congo
12 The Historical Evolution of International Humanitarian Law, International Human Rights Law, Refugee Law and International Criminal Law
13 Multiculturalism and the Development of International Humanitarian Law
14 Setting the Scene
New Technologies – New Challenges for IHL?
15 De Facto Control of Land or Sea Areas
Its Relevance under the Law of Armed Conflict, in Particular Air and Missile Warfare
16 The International Committee of the Red Cross and the Additional Protocols of 1977
PART 5
Conduct of Hostilities: Protecting the Environment
17 Protection of the Environment in Times of Armed Conflict
18 Legal Restraints on Targeting
Protection of Civilian Population and the Changing Faces of Modern Conflict
19 The Ethics, Principles and Objectives of Protection of the Environment in Times of Armed Conflict
20 The ILC Special Rapporteur’s Preliminary Report on the Protection of the Environment in Relation to Armed Conflicts
An Important Step in the Right Direction
21 Protection of the Environment in Relation to Armed Conflicts
A Preliminary Comment on the Work of the International Law Commission
PART 6
Protected Persons and Human Rights, Relief
22 Le Sort des Blessés et Malades
Un but Fondamental de la Croix-Rouge
23 Relief Actions
The Position of the Recipient State
24 Human Rights Law and International Humanitarian Law as Limits of Security Council Action
PART 7
Occupation
25 Beginning and End of Occupation
26 Limits of the Right of Expropriation (Requisition) and of Movement Restrictions in Occupied Territory
27 Cutting off Electricity and Water Supply for the Gaza Strip
Limits under International Law
28 The Right to Provide and Receive Humanitarian Assistance in Occupied Territories
PART 8
Other Issues Concerning the Law of Armed Conflict
29 Neutrality in Naval Warfare
What is Left of Traditional International Law?
30 Conflits Armés Internes et Droit International Humanitaire
PART 9
Implementation and Enforcement of IHL
31 Fact-finding as a Means of Ensuring Respect for International Humanitarian Law
32 Remedies of Victims of War Crimes and Crimes against Humanities
Some Critical Remarks on the icj’s Judgment on the Jurisdictional Immunity of States
33 Prevention and Repression of Breaches of International Humanitarian Law
34 Complementarity
Ensuring Compliance with International Law through Criminal Prosecutions – Whose Responsibility?
35 The Role of National Law in the Implementation of International Humanitarian Law