International Conflict and Security Law: Essays in Memory of Hilaire McCoubreyRichard Burchill, Nigel D. White, Justin Morris Cambridge University Press, 23 июн. 2005 г. Hilaire McCoubrey wrote extensively in the area of armed conflict law, and on the issues of collective security law and the law relating to arms control. Although he died at the early age of 46 in 2000 he had contributed significantly to the separate study of these areas, but also to the idea of studying the issues as a whole subject. The collection covers difficult and controversial issues in the area of conflict and security law. The contributors, drawn both from academe and practice, provide expert analysis of many aspects of the law governing armed conflict and collective security. As well as providing a fitting tribute to the main aspects of Hilaire's contribution to knowledge, the volume provides a coherent reconsideration and development of key aspects of conflict and security law at a time when that law is being applied, breached, debated or reformed on almost a daily basis. |
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Стр. xvi
... respect him as a colleague and genuinely value him as a friend . Hilaire had exceptional academic achievements and encouraged others to think and write about the subjects with which he was concerned . Other commentators in this ...
... respect him as a colleague and genuinely value him as a friend . Hilaire had exceptional academic achievements and encouraged others to think and write about the subjects with which he was concerned . Other commentators in this ...
Стр. 10
... respect for any sort of law ideally requires.3 One may agree that moderation in the use of armed force can never be prescribed with perfect effect and much may depend upon the extent of a particular conflict , for example whether or not ...
... respect for any sort of law ideally requires.3 One may agree that moderation in the use of armed force can never be prescribed with perfect effect and much may depend upon the extent of a particular conflict , for example whether or not ...
Стр. 11
... Respecting the Laws and Customs of War on Land , which states that ' [ i ] t is ... necessary to bear in mind the case where appeal to arms has been brought about ... [ and ] to serve , even in this extreme case , the interests of ...
... Respecting the Laws and Customs of War on Land , which states that ' [ i ] t is ... necessary to bear in mind the case where appeal to arms has been brought about ... [ and ] to serve , even in this extreme case , the interests of ...
Стр. 12
... respect of ' war crimes ' , which have in practice arisen only in very unusual circum- stances , there may be argued to be a number of pragmatic incentives for compliance with the jus in bello which are more effective than might , prima ...
... respect of ' war crimes ' , which have in practice arisen only in very unusual circum- stances , there may be argued to be a number of pragmatic incentives for compliance with the jus in bello which are more effective than might , prima ...
Стр. 16
... respect of some of the more controversial modern provisions such as 1977 Protocol I Additional to the 1949 Geneva Conventions . Rather more difficult questions may arise in the context of breaches and reprisals . Belligerent reprisals ...
... respect of some of the more controversial modern provisions such as 1977 Protocol I Additional to the 1949 Geneva Conventions . Rather more difficult questions may arise in the context of breaches and reprisals . Belligerent reprisals ...
Содержание
The development of operational law within Army | 21 |
Superior orders and the International Criminal Court | 49 |
victors justice or just | 68 |
a longterm | 84 |
Towards the unification of international humanitarian | 108 |
terrorism and international | 129 |
What is a legitimate military target? | 160 |
The application of the European Convention on Human Rights | 185 |
Regional organizations and the promotion and protection | 209 |
Selfdefence Security Council authority and Iraq | 235 |
International law and the suppression of maritime | 265 |
Law power and force in an unbalanced world | 286 |
Bibliography of Hilaire McCoubreys work | 314 |
Часто встречающиеся слова и выражения
accepted acts Additional Protocol adopted Appeals Chamber application armed forces attack authority bombing breach British Bush Doctrine Cassese Charter civilian command committed common Article crimes Cross and Red defence derogation distinctive emblem ECHR ECtHR effective EHRR Geneva Conventions HCNM Human Rights Ibid ICRC ICTY internal conflicts international armed conflict International Criminal Court international humanitarian law International Law international relations international society Iraq issue Journal of International jurisdiction jus ad bellum jus in bello Kosovo Laws of Armed laws of war maritime military action military objectives mistake of law norms obligation offences operations parties peace and security person piracy political principle promotion and protection protection of democracy Red Cross regional arrangements regulation Report responsibility Rome Statute rules Security Council self-defence ship superior orders Tadić targets territory terrorism terrorist threat tion treaty Tribunal Turkey United Kingdom United Nations University Press unlawful violence
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Стр. 122 - To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the abovementioned persons: a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture...
Стр. 123 - In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.
Стр. 15 - Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Стр. 70 - A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
Стр. 122 - Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause...
Стр. 289 - A society of states (or international society) exists when a group of states, conscious of certain common interests and common values, form a society in the sense that they conceive themselves to be bound by a common set of rules in their relations with one another, and share in the working of common institutions.
Стр. 89 - Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864.