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The Evolution of the Law of Weaponry

William H. Boothby

in Weapons and the Law of Armed Conflict

This chapter discusses the early rules, particularly those relating to poisons. The early beginnings of the modern law are charted, from the Lieber Code, through the St Petersburg Declaration to the ... More

This chapter discusses the early rules, particularly those relating to poisons. The early beginnings of the modern law are charted, from the Lieber Code, through the St Petersburg Declaration to the Hague Peace Conferences of 1899 and 1907. The learned writings of the 19th century are put in context and the evolution of the modern law, including the Geneva Gas Protocol, the Environmental Modification Convention, the Conventional Weapons Convention, and the Ottawa and Cluster Munitions Conventions, is related. The approach is to give a brief historical perspective against which the later detailed analysis of the respective texts can then be considered.Less

The History of Non-Binding Instruments in the History of International Humanitarian Law

Emily Crawford

in Non-Binding Norms in International Humanitarian Law: Efficacy, Legitimacy, and Legality

This chapter will outline the history of non-binding instruments in the law of armed conflict, specifically, those created prior to the non-binding instruments that are the primary subject of ... More

This chapter will outline the history of non-binding instruments in the law of armed conflict, specifically, those created prior to the non-binding instruments that are the primary subject of examination in this book. The focus will be on whether and how such instruments came to influence and impact on the binding law of armed conflict, the reasons behind the creation of these instruments, and why the non-binding path was chosen (if it was, and, if not, why not). In doing so, this chapter will explore how non-binding instruments have been used in international humanitarian law (IHL) historically and set the stage for the analysis in the next two chapters of current non-binding instruments and provisions in IHL.Less

Towards the Brussels Declaration: March 1983-November 1984

in A Stone in Spain's Shoe: The Search for a Solution to the Problem of Gibraltar

This chapter details the progress of negotiations between Spain and Britain from March 1983 to November 1984. The spring of 1983 marked a real beginning of negotiations heralded by the Lisbon ... More

This chapter details the progress of negotiations between Spain and Britain from March 1983 to November 1984. The spring of 1983 marked a real beginning of negotiations heralded by the Lisbon Agreement. The first opportunity for talks presented itself on 16 March, when Spanish Foreign Affairs Minister Fernando Moran went to London as part of a series of bilateral visits he was making to European Community countries. On 27 November 1984 Sir Geoffrey Howe and Fernando Moran met in Brussels. The negotiations which had been going on behind the scenes finally bore fruit in the agreement which has come to be known in Britain as the Brussels Declaration. Designed as a statement which committed both sides to apply the Lisbon Agreement of 1980, the two most significant aspects of the Brussels accord were that Spain would lift restrictions on Gibraltar by 15 February 1985 and that Britain would discuss the question of sovereignty.Less

The Border is Fully Opened: Negotiations Get Under Way: January-February 1985

in A Stone in Spain's Shoe: The Search for a Solution to the Problem of Gibraltar

This chapter discusses the full opening of the border on 5 February 1985. In preparation for the event, Spanish and Gibraltarian officials met on 10 and 11 January to discuss practical matters ... More

This chapter discusses the full opening of the border on 5 February 1985. In preparation for the event, Spanish and Gibraltarian officials met on 10 and 11 January to discuss practical matters relating to the re–establishment of communications, such as police control, customs, work permits, and telecommunications. The talks resulted in the publication in Madrid on 18 January of detailed regulations about the movement of people, goods, and vehicles across the border. At the stroke of midnight between 4 and 5 February 1985, the border gates which had been closed on the Spanish side for the last 16 years were finally fully opened. That same day British and Spanish delegations, led by their respective Foreign Ministers, met at the International Conference Centre in Geneva to discuss the implementation of the Brussels Declaration. It was the first occasion on which the two Foreign Ministers had arranged a formal encounter specifically to talk about Gibraltar.Less

The Codification of International Maritime Law

Gabriela A. Frei

in Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

Chapter 4 explores the early efforts in codifying international maritime law. The 1860s saw successes in the adoption of the Lieber Code and the Geneva Convention, and it was hoped that states would ... More

Chapter 4 explores the early efforts in codifying international maritime law. The 1860s saw successes in the adoption of the Lieber Code and the Geneva Convention, and it was hoped that states would adopt an international code of conduct in warfare. Yet, the Brussels Declaration of 1874 failed, and subsequently non-governmental organizations such as the Institut de droit international stepped up, advancing the codification of international maritime law. The chapter addresses the views of the supporters as well as those of the sceptics of codification and shows the importance of the Institut de droit international in this process. At the beginning of the twentieth century, the United States Naval War College drafted the first comprehensive Naval War Code, and the chapter presents the motivation of the drafters and examines the broader international debate.Less

Humanitarian Law

Will Smiley

in From Slaves to Prisoners of War: The Ottoman Empire, Russia, and International Law

This chapter explores European influence on Ottoman captivity in the 1850s–1870s, through the humanitarian movement, including the Red Cross, and the codified law it spawned: the Geneva Convention ... More

This chapter explores European influence on Ottoman captivity in the 1850s–1870s, through the humanitarian movement, including the Red Cross, and the codified law it spawned: the Geneva Convention and the Brussels Convention. Humanitarianism, during the Crimean War, led the Porte to end the wartime enslavement of civilians. But otherwise, it came to the Ottoman Empire during and after the Crimean War, as it did elsewhere, and helped Ottoman captives on the same terms as others. The Porte signed multilateral treaties at the same time as other states, and Ottoman captivity practices structurally resembled, though did not fulfil, the new rules. More importantly, during the 1877–78 Russo–Ottoman War, the Ottoman Empire came to use the language of European customary law—the Law of Nations—to defend its practices and assert its place. This was the first time the Porte did so with respect to captivity.Less

The Bossano Strategy: January-February 1989

in A Stone in Spain's Shoe: The Search for a Solution to the Problem of Gibraltar

This chapter describes events that took place between January and February 1989. These include Joe Bossano's first official visit to La Línea on 10 and 11 January; and Sir Geoffrey Howe' visit to ... More

This chapter describes events that took place between January and February 1989. These include Joe Bossano's first official visit to La Línea on 10 and 11 January; and Sir Geoffrey Howe' visit to Gibraltar on 30 January, his first since Bossano's election victory in March 1988. The chapter discusses Bosanno's strategy, which was to seek economic independence for Gibraltar as a means of maintaining political independence. He also refused to participate in the annual round of talks between the British and Spanish Foreign Ministers, in order to indicate his rejection of the Brussels Declaration.Less

The Status and Protections of Prisoners of War and Detainees

Sibylle Scheipers

in The Changing Character of War

This chapter focuses on changes in the treatment and protection of prisoners of war (POWs). It covers the rules and customs of war before and during the French Revolutionary and Napoleonic wars; the ... More

This chapter focuses on changes in the treatment and protection of prisoners of war (POWs). It covers the rules and customs of war before and during the French Revolutionary and Napoleonic wars; the transitory period between the breakdown of the ancien régime principles and practices during the French Revolutionary and Napoleonic Wars and the beginning of the codification of the law of armed conflict at the end of the nineteenth century; and the Lieber Code and the Brussels Declaration.Less