Table of Contents

Foreword Fatou Bensouda (International Criminal Court) Introduction Rain Liivoja and Tim McCormack (University of Melbourne) PART I: Fundamentals 1. War and Armed Conflict: The Parameters of Enquiry Dino Kritsiotis 2. The History of International Humanitarian Law Treaty-Making Frits Kalshoven 3. Conflict Characterisation Caitlin Dwyer and Tim McCormack 4. Sources of the Law of Armed Conflict Jann Kleffner 5. Basic Principles Nobuo Hayashi 6. Impact of Human Rights Law Noam Lubell and Nancie Prud’homme PART II: Principle of Distinction 7. Combatants Emily Crawford 8. Military Objectives David Turns 9. Protection of Civilians in the Conduct of Hostilities Emanuela Chiara-Gillard 10. Direct Participation in Hostilities Michelle Lesh PART III: Means and Methods of Warefare 11. Conventional Weapons Mirko Sossai 12. Chemical and Biological Weapons Robert J Mathews 13. Nuclear Weapons in International Law Dieter Fleck 14. Methods of Land Warfare William J Fenrick 15. Law of Naval Warfare David Letts and Rob McLaughlin 16. Air and Missile Warfare Ian Henderson and Patrick Keane PART IV: Special Protection Regimes 17. Detention under the Law of Armed Conflict Chris Jenks 18. Wounded and Sick, and Medical Services James P Benoit 19. Women and War Helen Durham and Eve Massingham 20. Children and the Law of Armed Conflict: Looking beyond the Protection Paradigm John Tobin and Elliot Luke 21. Cultural Property Jadranka Petrovic 22. The Protection of the Environment Roberta Arnold 23. The Protection of Humanitarian Relief: The Legal Framework Alison Duxbury 24. The Applicability of the Laws of Armed Conflict to Peacekeeping Operations Daphna Shraga 25. Occupation and Territorial Administration Eyal Benvenisti 26. Neutrality Revisited Elizabeth Chadwick PART V: Compliance and Enforcement 27. The Role of the International Committee of the Red Cross Kelisiana Thynne 28. Reciprocity and Reprisals Shane Darcy 29. State Responsibility Charles Garraway 30. Reparations for Violations in Armed Conflict and the Emerging Practice of Making Amends Bruce Oswald and Bethany Wellington 31. Individual Liability in International Law Rob Cryer 32. Investigations under International Humanitarian Law Sasha Radin and Michael N Schmitt 33. Role of International Courts and Tribunals Jackson Nyamuya Maogoto 34. Universal Jurisdiction over War Crimes Luis Benavides PART VI: Some contemporary issues 35. Emerging Technologies of Warfare Rain Liivoja, Kobi-Renée Leins and Tim McCormack 36. Private Military and Security Companies Nelleke van Amstel and Rain Liivoja 37. The Rule of Law in War: A Liberal Project Louise Arimatsu Index

About the Author

Rain Liivoja is a Senior Lecturer and Society in Science – Branco Weiss Fellow at Melbourne Law School, University of Melbourne, Australia, and Affiliated Research Fellow of the Erik Castrén Institute of International Law and Human Rights, University of Helsinki, Finland.


Tim McCormack is a Professor of Law at Melbourne Law School, University of Melbourne, Australia, and the Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court, The Hague, the Netherlands.

Reviews

"I commend the editors of this book for having asked for, gathered, stuctured and revised the voices of an impressive array of scholars from around the world, and with their help produced a significant contribution to the literature of international humanitarian law. Most chapters, in addition to accurately presenting aspects of the existing law or their application to specific problems, also address the realities of contemporary armed conflicts, in particular, those not of an international character. They also take other applicable branches of international law - such as international human rights law - fully into account. The result is both informative and thought-provoking for scholars, practitioners and advanced students." - Marco Sassòli, Professor of International Law and Director of the Department of International Law and International Organization, University of Geneva, Switzerland"An excellent and well structured survey of this vital area of international law, with over 40 contributors from the academy, the military, the national and international public service and civil society and from 15 or more countries. The volume provides a real sense of the application of established principle to emerging issues and of the sharp clash between humanity and military necessity in the application and development of that law." - Sir Kenneth Keith, Former Judge of the International Court of Justice, New Zealand"In all, the book provides a revealing and enlightening overview of the major issues which emanate from the Law of Armed Conflict, which also encompasses international law and international human rights law. Copiously footnoted with extensive tables of treaties and cases, it also offers scholars a rich source of references for further research, which means that NGOs and policy makers will also find it useful." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, United Kingdom