Foreign International Law

The Conduct of Hostilities under the Law of International by Yoram Dinstein

By Yoram Dinstein

A significant other quantity to the author's textbook warfare, Aggression and Self-Defence, 3rd variation (Cambridge 2001), this e-book specializes in matters bobbing up during hostilities among States, emphasizing the newest conflicts in Iraq and Afghanistan. major topics thought of are lawful and illegal fighters, struggle crimes (including command accountability and defenses), prohibited guns, the excellence among warring parties and civilians, valid army targets, and the safety of our environment and cultural estate. Many particular themes that experience attracted a lot curiosity in fresh hostilities also are addressed. additionally on hand: conflict, Aggression and Self-Defence 0-521-79344-0 Hardback $110.00 C 0-521-79758-6 Paperback $40.00 D

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Extra info for The Conduct of Hostilities under the Law of International Armed Conflict

Sample text

Protocol I, supra note 3, at 669. 2 Lawful combatancy I. Combatants and civilians Under LOIAC, combatants in an international armed conflict fall into two alternative categories: (i) Members of the armed forces of a belligerent Party (except medical and religious personnel, discussed infra, Chapter 6, I, A, (vii)–(viii)), even if their specific task is not linked to active hostilities. 1 LOIAC posits a fundamental principle of distinction between combatants and non-combatants (civilians)2 (see infra, Chapter 4, I).

See C. Aff. 301, 309 (2002). , between the Taliban forces and the Americans). LOIAC will control only the international military operations. As the International Court of Justice pronounced in the Nicaragua case of 1986: The conflict between the contras’ forces and those of the Government of Nicaragua is an armed conflict which is ‘not of an international character’. 47 (ii) Armed conflicts may also be mixed vertically in the sense that what has started as an intra-State armed conflict evolves into an inter-State armed conflict.

It is true that sometimes the act which turns a person into an unlawful combatant constitutes by itself an offence (under either domestic or international law) and can be prosecuted and punished as such before a military tribunal. But the fulcrum of unlawful combatancy is that the judicial proceedings may be conducted before regular domestic (civil or military) courts and, significantly, they may relate to acts other than those that divested the person of the status of lawful combatant. Even when the act negating the status of a lawful combatant does not constitute a crime per se (under either domestic or international law), it can expose the perpetrator to ordinary penal sanctions (pursuant to the domestic legal system) for other acts committed by him that are branded as criminal.

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