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Edited by David Wippman and Matthew Evangelista

This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law.



The book features a thoughtful overview and discussion of the extent to which "new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation.



Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more.



Published under the Transnational Publishers imprint.

Mohamed El Zeidy and Ray Murphy

–NUI Galway, Ireland); LLM (Irish Centre for Human Rights–NUI Galway, Ireland); LLM (Cairo); LLB & Bachelor of Police Sciences (Cairo). Prisoners of War: A Comparative Study of the Principles of International Humanitarian Law and the Islamic Law of War Ray Murphy Senior Lecturer in Law, Irish Centre for Human

Sastry, K.R.R.

This chapter is part of: Hinduism and international law (Volume 117) Collected Courses of the Hague Academy of International Law (Volume 117) Publication Editor: Hague Academy of International Law Volume: 117 Brill | Nijhoff, Leiden | Boston, 1966, , Chapter sections   Existing laws of war pp. 566

Series:

Matthias Vanhullebusch

1 Introduction Traditionally, the jurisdictional regimes of the Islamic Law of War (hereinafter ILW ) distinguish between armed conflicts which take place within Islamic territory and those which are waged against non-Muslim enemies. The regimes have respectively been legalized into the abode of

The International Law of War

Transnational Coercion and World Public Order

Series:

Florentino P. Feliciano and Myres S. McDougal

The Law of War Crimes

National and International Approaches

Edited by Timothy L.H. McCormack and Steven Wheatley

Ottoman Law of War and Peace

The Ottoman Empire and Its Tribute-Payers from the North of the Danube. Second Revised Edition

Viorel Panaite

Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.

Series:

Frits Kalshoven

The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on.
In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians…
Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.