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Law on the battlefield

Third edition

By General A. P. V. Rogers

Law on the battlefield
Paperback -
  • Price: £30.00
  • ISBN: 9780719082184
  • Publish Date: Apr 2012
  • Publisher: Manchester University Press
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  • Price: £30.00
  • ISBN: 9781847795014
  • Publish Date: Jan 2013
  • Publisher: Manchester University Press
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    Book Information

    Description

    This book, now fully updated and in its third edition, explains the law relating to the conduct of hostilities and provides guidance on difficult or controversial aspects of the law. It covers who or what may legitimately be attacked and what precautions must be taken to protect civilians, cultural property or the natural environment. It deals with the responsibility of commanders and how the law is enforced. There are also chapters on internal armed conflicts and the security aspects of belligerent occupation.

    Contents

    1 General principles
    Armed conflict
    Military necessity
    Humanity
    Rule of distinction
    Civilians and combatants
    Taking a direct part in hostilities
    Civilian property and military targets
    Civilians and civilian objects protected
    Rule of proportionality
    Indiscriminate attacks
    Customary law
    Treaty law
    Definition of attack

    2 Enemy armed forces
    I Good faith
    Who is a member of the enemy armed forces?
    Child fighters
    Perfidy and ruses of war
    Perfidy
    Ruses of war
    Difference between perfidy and ruses of war
    Tactics: ambush, sniping, sabotage
    Uniform
    Use of enemy uniform
    Misuse of emblems
    Intelligence gathering
    Assassination
    Outlawry
    Psychological warfare
    II Humanity
    Attacking food and water used by members of enemy armed forces
    Surrender
    Safeguard of persons hors de combat
    Occupants of aircraft and vehicles
    Quarter
    Unusual conditions of combat
    Wounded, sick and dead
    Prisoners of war
    Humane treatment
    Maintenance and medical treatment
    Searching
    Security
    Interrogation
    Evacuation

    3 Wounded, sick and shipwrecked
    The Geneva emblem
    Objects of protection
    The wounded, sick, shipwrecked, dead and missing
    Medical units
    Medical personnel
    Protection
    Identification
    Retained personnel
    Use of arms
    Duties
    Medical installations and equipment
    Medical transports
    General protection
    Medical aircraft
    Medical ships and craft
    Neutrality law and the wounded and sick
    Religious personnel
    Hospital and safety zones

    4 Military objectives
    Current Law
    The Gulf war 1991
    Kosovo 1999
    A reappraisal of the definition of military objectives?
    Afghanistan 2001
    Iraq 2003
    Television stations as targets
    Conclusions
    Examples of military objectives
    Objects protected from attack

    5 Precautions in attack
    The Hague Regulations
    Destruction or damage
    Non-combatants
    Warnings
    Assault
    Bombardment
    Necessary steps
    Precautions
    Air Warfare Rules
    Greco-German Mixed Arbitral Tribunal
    Second World War Practice
    Air warfare
    Monte Cassino
    Events From 1945 to1977
    Current Law
    Precautions in attack
    'Attack' and 'feasible'
    Precautions
    'Concrete and direct'
    Warning
    'Unless circumstances do not permit'
    Sieges
    The Gulf war 1991
    Allied bombing campaign
    Kosovo 1999
    Air-war targeting
    Afghanistan 2001
    Iraq 2003
    Legal responsibilities in practice
    General principles
    Levels of responsibility
    Conclusions
    Guidelines: offensive operations checklist
    Practicalities

    6 Precautions against the effects of attacks
    Current Law
    Precautions against the effects of attacks
    Remove civilians and civilian objects
    Avoid densely populated areas
    Protect civilians
    Feasible
    Own territory
    Using civilians to shield military objects or operations
    Failure of defenders; position of attackers
    Civil defence
    Zones
    Other protected objects
    Open or undefended towns

    7 Cultural property
    Protected property
    The Hague Regulations
    Air Warfare Rules
    Roerich Pact
    Draft convention of 1939
    Second World War practice
    Cultural Property
    Cultural Property Convention
    Scope of application
    Definition
    Basic protection
    Special protection
    Enhanced protection
    Waiver of protection
    Precautions in attack
    Precautions in defence
    Occupation
    Transports
    Personnel
    Protective emblem
    Supervision
    Enforcement
    Measures for compliance
    Sending and receiving states
    Discussion
    Cultural property and places of worship
    Protocol I
    Discussion
    ICC Statute
    Dubrovnik
    Iraq
    The definition of cultural property
    Conclusions

    8 Environmental Protection

    Current Law
    Property protection
    Environmental protection
    ENMOD Convention
    Protocol I
    Relationship between the ENMOD Convention and Protocol I
    Other provisions of Protocol I
    Particular weapons
    Conventional weapons
    Mines and other remnants of war
    Nuclear weapons
    Incendiary weapons
    Chemical and biological weapons
    Fuel-air explosive
    Depleted uranium
    Effect on neutral states
    Iraq
    Oil pollution
    Nuclear facilities
    Diverting rivers
    Depleted uranium
    Evaluation
    Conclusions
    The future

    9 Belligerent occupation
    I Authority over occupied territory
    Transition for war fighting to occupation
    Commencement of occupation
    Temporary nature of occupation
    Legal position of parties
    Human rights law
    Duties and rights of the occupying power
    Duties and rights of the population
    Termination of occupation
    Postscript on Iraq
    II Security issues
    Withdrawal of right of communication
    Powers relating to property
    Use or requisitioning of private property?
    Destruction of property
    Compulsory labour
    Rationing
    Blockade
    Evacuation
    Deportations and transfers
    Settlements
    Reprisals
    Hostage taking
    Policing, riot control; resistance
    Short-term detention and interrogation
    Trial and punishment
    Assigned residence and internment
    Conditions of internment
    Security barriers

    10 The conduct of hostilities in internal armed conflicts
    Law applicable
    Existence of an armed conflict
    Types of internal armed conflict
    The conduct of hostilities in internal armed conflicts
    Enemy armed forces
    Civilian immunity
    Forced movement of civilians
    Military objectives and civilian objects
    Precautions in attack
    Precautions against the effects of attacks
    ` Cultural property
    Environmental protection
    Criminal responsibility
    Belligerent reprisals
    Internal armed conflicts, a summary of the rules

    11 Command Responsibility
    The war crimes trials
    Exception for detail
    Assumption of legality of orders not obviously unlawful
    Duty to prevent crimes
    Duty to take steps
    Knowledge
    Ignorance of reports
    Cases where commander put on notice
    Proof of knowledge, summary
    Offences by persons not under command
    Duty/liability
    Evidence
    Staff officers
    Protocol I
    The commander's responsibility for war crimes committed by his subordinates (Protocol I, Art. 86, para. 2)
    Duty of commanders to deal with breaches
    (Protocol I, Art. 87, para. 3)
    Recent developments
    ICTY Statute
    ICC Statute
    Conclusions
    Military discipline and superior orders

    12 Implementation and enforcement of the law of war
    I Implementation
    Practice
    Command influence
    Reciprocity
    Hostage taking prohibited
    Nuremberg principles
    Legal mechanisms
    Belligerent reprisals
    Training and dissemination
    International assistance
    International co-operation
    Fact-finding and inquiries
    International Committee of the Red Cross
    Compensation
    II Enforcement
    War crimes and grave breaches
    War crimes
    Grave breaches
    War crimes and internal armed conflict
    Criminal responsibility
    Individual criminal responsibility
    Responsibility of commanders
    Responsibility of states
    Mental element of war crimes
    Defences to war crimes charges
    Accident
    Duress
    Ignorance of law
    Mistake of fact
    Superior orders
    International Criminal Court
    III The contribution of the military lawyer
    Negotiator
    Manual Writer
    Instructor
    Legal adviser
    Some legal aspects of peace support operations
    Prosecutor
    Final remarks

    Bibliography

    Author

    A. P. V. Rogers is a Former Senior Fellow at the Lauterpacht Centre for International Law at the University of Cambridge

    Law on the battlefield

    By General A. P. V. Rogers

    Paperback £30.00 / $45.95

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