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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


Making the Geneva Conventions

Geoffrey Blest

in War and Law since 1945

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198206996
eISBN:
9780191677427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206996.003.0005
Subject:
History, Military History

This chapter discusses the major laws that form part of the making of the Geneva Conventions. It discusses the appurtenant laws and organizations that promote protection of civilians. It notes that ... More


Humanizing the Laws of War: Selected Writings of Richard Baxter

Richard Baxter

Detlev F. Vagts, Theodor Meron, Stephen M. Schwebel, and Charles Keever (eds)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680252
eISBN:
9780191760181
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680252.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This book celebrates the scholarship of Richard Baxter, former Judge of the International Court of Justice and former Professor of International Law at Harvard Law School. The volume brings together ... More


Humanitarian Instruments as Customary Law

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198257455
eISBN:
9780191681769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257455.003.0002
Subject:
Law, Public International Law

This chapter considers the important aspects of the question of reservations to humanitarian and human rights instruments and then considers certain aspects of the Nicaragua Judgment that implicate ... More


Grave Breaches of the 1949 Geneva Conventions

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/9780199207541.003.0007
Subject:
Law, Human Rights and Immigration

Each of the four Geneva Conventions of August 12, 1949 contains a ‘grave breaches’ section, each differing from other categories of war crimes in at least two important respects. First, grave ... More


Jus in Bello, Guantanamo Bay, and the War on Terror

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0004
Subject:
Political Science, Political Theory, International Relations and Politics

Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush ... More


The Extent to which Peacekeeping and other Multi-national Forces have a General ‘Responsibility to Protect’ under International Humanitarian Law

Siobhán Wills

in Protecting Civilians: The Obligations of Peacekeepers

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199533879
eISBN:
9780191714801
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533879.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the extent to which international humanitarian law (IHL) may be applicable to peacekeeping forces, and the extent to which this encompasses positive obligations that would ... More


The Geneva Conventions of 1949

Geoffrey Blest

in War and Law since 1945

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198206996
eISBN:
9780191677427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206996.003.0004
Subject:
History, Military History

This chapter discusses the systematic review of the Geneva side of the law which issued in the four Geneva Conventions of the summer of 1949. It notes that the review is discreetly orchestrated by ... More


Geneva Conventions as Customary Law

Theodor Meron

in War Crimes Law Comes of Age: Essays

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268567
eISBN:
9780191683534
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268567.003.0007
Subject:
Law, Public International Law

This chapter argues that both states and scholarly opinion in general will accept judicial decisions confirming the customary law character of some of the provisions of the Geneva Conventions as ... More


The Geneva Conventions and Public International Law

Theodor Meron

in The Making of International Criminal Justice: The View from the Bench: Selected Speeches

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199608935
eISBN:
9780191729706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199608935.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

Today, the rights and values embodied in the 1949 Geneva Conventions implicitly underlie rights and duties of states in both war and peace, as well as shaping the ethos of our shared sense of ... More


War crimes (I): grave breaches

Christine Byron

in War Crimes and Crimes Against Humanity in the Rome Statute of the International Criminal Court

Published in print:
2009
Published Online:
July 2012
ISBN:
9780719073892
eISBN:
9781781701942
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719073892.003.0002
Subject:
History, World Modern History

This chapter discusses Article 8(1) and Article 8(2) of the Rome Statue. The discussion of Article 8(1) covers jurisdiction in respect of war crimes and differentiation between international and ... More


Assessing the Effects and Effectiveness of the Geneva Conventions

Nina Tannenwald

in Do the Geneva Conventions Matter?

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199379774
eISBN:
9780190690977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199379774.003.0001
Subject:
Political Science, International Relations and Politics, Comparative Politics

This chapter describes the Geneva Conventions as an international regime—its core principles and norms, the mechanisms by which it operates, and the particular challenges it faces. It reviews ... More


Revising the Geneva Conventions, 1946–49: Synthesizing the Old and New Justice

Mark A. Lewis

in The Birth of the New Justice: The Internationalization of Crime and Punishment, 1919-1950

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660285
eISBN:
9780191757716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660285.003.0009
Subject:
History, European Modern History, Political History

“New justice” ideas concerning the validity of post-war prosecution entered the revision of the Geneva Conventions in an expected way. The International Committee of the Red Cross was not willing ... More


The Geneva Conventions of 1949 *: A lecture delivered at the Naval War College on 16 September 1955

Detlev F. Vagts and Theodor Meron

in Humanizing the Laws of War: Selected Writings of Richard Baxter

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680252
eISBN:
9780191760181
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680252.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter presents a lecture on the Geneva Conventions of 1949 delivered at the Naval War College on 16 September 1955. The Geneva Conventions, which comprise, at least in land warfare, the most ... More


The Struggle to Fight a Humane War: The United States, the Korean War, and the 1949 Geneva Conventions

Sahr Conway-Lanz

in Do the Geneva Conventions Matter?

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199379774
eISBN:
9780190690977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199379774.003.0003
Subject:
Political Science, International Relations and Politics, Comparative Politics

The Korean War demonstrated the serious problems that the United States had adhering to the new 1949 Geneva Conventions and the severely limited protections that these new treaties provided. The ... More


The Norm against Mercenary Use and International Law

Sarah Percy

in Mercenaries: The History of a Norm in International Relations

Published in print:
2007
Published Online:
May 2008
ISBN:
9780199214334
eISBN:
9780191706608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214334.003.0007
Subject:
Political Science, International Relations and Politics

This chapter examines the absence of an effective international regulatory regime for mercenaries. The first section examines the argument, made most forcefully by the international lawyer Antonio ... More


Nonstate Actors in Armed Conflicts: Issues of Distinction and Reciprocity

Daphné Richemond-Barak

in New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231152358
eISBN:
9780231526562
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231152358.003.0006
Subject:
Political Science, Political Economy

This chapter examines the role of nonstate actors in armed conflicts, with particular emphasis on the principles of distinction and reciprocity in international humanitarian law. Adopting a ... More


The Origins and Evolution of the 1949 Geneva Conventions and the 1977 Additional Protocols

Giovanni Mantilla

in Do the Geneva Conventions Matter?

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199379774
eISBN:
9780190690977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199379774.003.0002
Subject:
Political Science, International Relations and Politics, Comparative Politics

This chapter traces the development of the 1949 Geneva Conventions from their origins in pre-1949 treaty law through the 1977 Additional Protocols and to the present. It argues that international ... More


Russia, Chechnya, and the Geneva Conventions, 1994–2006: Norms and the Problem of Internalization

Mark Kramer

in Do the Geneva Conventions Matter?

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199379774
eISBN:
9780190690977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199379774.003.0007
Subject:
Political Science, International Relations and Politics, Comparative Politics

This chapter discusses Russia’s position vis-à-vis the four Geneva Conventions of 1949 and the two Additional Protocols of 1977 and the implications for the two wars fought by Russian troops against ... 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


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