Yearbook of International Humanitarian Law - 2003, Том 6;Том 2003

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Avril McDonald
Cambridge University Press, 31 дек. 2006 г. - Всего страниц: 874
The need to enforce and further develop international legal protection after 11 Sep- 3 tember 2001 has been discussed in prominent fora before. A wide range of issues (self-defence, humanitarian law, human rights, national laws and regulations, cr- inal sanctions) must be considered in this context. Different phases of application of the law (international and non-international armed conflict, peace enforcement, post-conflict peace building, etc. ) are affected. Misconceptions have been propa- 4 gated at the highest government levels and have created new problems rather than solving existing ones. Among expert observers, such developments may cause feelings of déjà vu. In the years after the adoption of the 1977 Additional Protocols, when one might have expected that all efforts would be taken to accelerate the ratification of these new instruments and ensure respect for their provisions, Protocol I was criticised as 5 being in the service of terror, an allegation that won certain influence although it 6 was promptly and convincingly refuted. Concerns expressed more recently that the application of certain rules of humanitarian law might impede the fight against 7 terrorism may stem from similar ways of thinking. They have made it necessary to explicate in detail that terrorist acts when committed during armed conflict are - rious violations of humanitarian law, prohibited without any exception in the Geneva Conventions, their Additional Protocols and other international treaties 3. ‘The attack on the World Trade Center’ ; J. J.

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Содержание

INTERNATIONAL HUMANITARIAN LAW IN THE TWENTYFIRST
5
3
11
3
17
1
23
challenges and
41
Introduction
42
Challenged core principles of humanitarian protection
51
Ensuring compliance with the law
62
DOCUMENTATION
150
Jus ad bellum jus in bello and noninternational armed conflicts
167
Violations of international humanitarian law by United Nations forces
199
The year in review
239
International criminal courts roundup
292
The United Nations Convention on Certain Conventional Weapons
345
The journalists right to information in time of war and on dangerous mis
366
The protection of refugees in international law postSeptember 11 2001
389

Conclusion
70
an international
73
Y Sandoz 2004
82
a response to Professor Schmitt
111
Dieter Fleck 2005
117
new tests for an old
127
Senior VicePresident International Society for Military Law and the Law of War Member of
137
The proposed trials by the US Military Commissions
409
challenges
424
A guide to state practice concerning International Humanitarian Law
445
Classification Scheme
673
BIBLIOGRAPHY 20022003
767
TABLE OF CASES
807
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