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International Society and America's War on Terrorism

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0007
Subject:
Political Science, International Relations and Politics

The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a ... More


War Crimes in Internal Armed Conflicts

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0009
Subject:
Law, Human Rights and Immigration

This chapter examines the question of whether a war crime can be committed in the context of an internal armed conflict. Although an affirmative answer to this question may appear to be self-evident ... More


The Status of Rebels under the 1977 Geneva Protocol on Non-International Armed Conflicts

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0007
Subject:
Law, Public International Law

This chapter considers the possible legal standing of rebels in the case of civil war under the II Additional Protocol to the four 1949 Geneva Conventions, which was adopted by a Diplomatic ... More


Comparing Interpretations of States’ and Non-State Actors’ Obligations Toward Cultural Heritage in Armed Conflict and OccupationMilitary Manuals and the Law of War

Elizabeth Varner

in Intersections in International Cultural Heritage Law

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198846291
eISBN:
9780191881459
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198846291.003.0003
Subject:
Law, Public International Law

The 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) remains the leading treaty on the treatment of cultural heritage during armed ... More


The Law and Policy of Human Shielding

Beth Van Schaack

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0014
Subject:
Law, Public International Law

The phenomenon of human shields challenges many of the core tenets of international humanitarian law (IHL), including its careful dialectic between the imperatives of humanity and military necessity. ... More


International Humanitarian Law and Blockade

Phillip Drew

in The Law of Maritime Blockade: Past, Present, and Future

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198808435
eISBN:
9780191846151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808435.003.0007
Subject:
Law, Public International Law

This chapter is a study of how blockade law relates to international humanitarian law, particularly that set out in Additional Protocol 1 to the Geneva Conventions of 1949. Noting that under the ... More


Parties to Non-International Armed Conflicts under International Treaty Law

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0003
Subject:
Law, Public International Law

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to ... More


New Technologies and the Interplay between Certainty and Reasonableness

Laurie Blank

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0011
Subject:
Law, Public International Law

Underlying ongoing and intensive efforts to understand how the law of armed conflict (LOAC) does, could, and should apply to the use of new technologies is an equally comprehensive effort to ... More


Practical Application

Kubo Mačák

in Internationalized Armed Conflicts in International Law

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198819868
eISBN:
9780191860126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198819868.003.0007
Subject:
Law, Public International Law

This chapter analyses whether and in which situations fighters engaged in internationalized armed conflicts may qualify for combatant status in practice. The chapter puts forward a three-pronged ... More


Be Careful What You Ask For: The Unintended Consequences of New Restrictions on Fires in Urban Areas

Geoffrey S. Corn

in Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190915360
eISBN:
9780190915391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190915360.003.0013
Subject:
Law, Public International Law

Aleppo, Syria—a city that will join the infamous likes of Nanking, Stalingrad, Manila, Berlin, Hue, Panama City, Mogadishu, Grozny, and Donetsk as one of modern history’s worst urban war zones. Much ... More


Blockade in Non-International Armed Conflict

Phillip Drew

in The Law of Maritime Blockade: Past, Present, and Future

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198808435
eISBN:
9780191846151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808435.003.0008
Subject:
Law, Public International Law

Whether or not a blockade can be lawfully conducted during a civil war is an issue of contention. Under the traditional concept of the law of armed conflict, blockades could only be conducted by the ... More


Specifying the Proportionality Test and the Standard of Due Precaution: Problems of Prognostic Assessment in Determining the Meaning of “May Be Expected” and “Anticipated”

Stefan Oeter

in Necessity and Proportionality in International Peace and Security Law

Published in print:
2020
Published Online:
November 2020
ISBN:
9780197537374
eISBN:
9780197537404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197537374.003.0012
Subject:
Law, Public International Law

This chapter addresses the challenging legal and operational issues raised by the proportionality requirement to assess the legality of collateral damage. Specifically, the chapter engages closely ... More


Wars in the Colonies: Orientalism and the Social Production of Colonial Subjects

Sibylle Scheipers

in Unlawful Combatants: A Genealogy of the Irregular Fighter

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199646111
eISBN:
9780191756160
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646111.003.0005
Subject:
Political Science, International Relations and Politics

This chapter demonstrates that a large degree of continuity and permeability existed between wars in the core and in the peripheries of the international system with respect to anti-irregular ... More


Enhancing Civilian Risk Mitigation by Expanding the Commander’s Information Aperture

Geoffrey S. Corn and Michael W. Meier

in The Global Community Yearbook of International Law and Jurisprudence 2019

Published in print:
2020
Published Online:
April 2021
ISBN:
9780197513552
eISBN:
9780197513576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197513552.003.0008
Subject:
Law, Public International Law

Debates continue over the significance of reverberating effects of an attack during armed hostilities and how they implicate proportionality assessments. Some argue commanders bear an obligation to ... More


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