The Law of Armed Conflict and the Use of Force: The Max Planck Encyclopedia of Public International Law

2019 ◽  
Vol 36 (1) ◽  
pp. 250-256
Author(s):  
Boothby William H

This relatively brief chapter introduces the book as a whole. It positions weapons law within the framework of international law in general, and of the law of armed conflict in particular, noting the important distinctions between international and non-international armed conflicts, and between the law on the resort to the use of force and that which regulates the conduct of hostilities. The logical flow of the book is presented, and certain terms that are vital to the ensuing discussion, namely weapons, means of warfare and methods of warfare are explained. The all-important distinction between weapons law and the legal rules that regulate targeting is noted. A concluding section addresses the recently-adopted Arms Trade Treaty.


Author(s):  
Robert Kolb ◽  
Katherine Del Mar

This chapter begins with a discussion of the importance of treaties in the law of armed conflict. Specifically, it presents seven reasons why the law of armed conflict is one of the branches of public international law that has been the most intensely codified through treaties. It then discusses treaties and international customary law; the main treaties on international humanitarian law (IHL); problems of ratification of IHL treaties; reservations to IHL treaties; legal relationships between IHL treaties; interpretation of IHL treaties; special agreements; denunciation of IHL treaties; and the legal effects of a breach of an IHL treaty.


2019 ◽  
pp. 377-406
Author(s):  
Gleider Hernández

This chapter assesses the law of armed conflict. The right to resort to armed force, known as ‘jus ad bellum’, is a body of law that addresses the permissibility of entering into war in the first place. Despite the restrictions imposed by this body of law, it is clear that international law does not fully forbid the use of force, and instances of armed disputes between and within States continue to exist. Consequently, a second, older body of law exists called ‘jus in bello’, or the law of armed conflict, which has sought to restrain, or at least to regulate, the actual conduct of hostilities. The basic imperative of this body of law has been to restrict warfare in order to account for humanitarian principles by prohibiting certain types of weapons, or protecting certain categories of persons, such as wounded combatants, prisoners of war, or the civilian population.


2012 ◽  
Vol 3 (1) ◽  
pp. 192-229 ◽  
Author(s):  
Niaz A. Shah

In 2010 the Taliban issued a third edition of their Layeha. The Layeha contains Rules and Regulations of Jihad for Mujahidin. This article first details the short history of the Layeha published by the Taliban. Subsequently its content is analysed and compared with the international law of armed conflict that applies in conflicts of an international and non-international character. The author demonstrates that, whilst some rules are incompatible or ambiguous, most rules of the Layeha are compatible with the international law of armed conflict. Compliance with the rules that are compatible could help to achieve the objectives of the law of armed conflict: to minimise unnecessary suffering in armed conflict. The author submits that considering that the Taliban are engaged in fighting in Afghanistan and that they have control of or influence in parts Afghanistan, it is encouraging that they have produced such a self-imposed code. Any minimum restraint, whether self-imposed or imposed by municipal or international law, is better than no restraint at all.


2015 ◽  
Vol 15 (4) ◽  
pp. 591-628 ◽  
Author(s):  
Farhad Malekian

To attempt to speak coherently about the philosophy of love in conjunction with the law is an eccentric undertaking for an international lawyer. This work asserts the view that “love” plays a significant jurisprudential role in both the writing and philosophical interpretation of the law. It is a powerful norm. If the law is written and interpreted with love for human beings, the position of the use of force will be modified and concede its place to the approbation of equal justice and peace based on the primary value of human integrity. The work will be a comparative discussion, as the adherence of European states to both public international law and European Union norms suggests that neither need there be an inevitable divergence between adherence to both these and to Islamic legal norms. It brings into recognition the principle that the use of armed force for any purpose is a serious violation of the jurisprudence of law and runs contrary to the inherent integrity of humankind and the canon of love for justice.


Necessity and proportionality hold a place in the international law governing the use of force by states and in the law of armed conflict (LOAC). However, the precise contours of these two requirements are uncertain and controversial. This book explores in 5 parts how necessity and proportionality manifest under the law governing the use of force and the LOAC. First, the book introduces the reader to how necessity and proportionality factor in the debate about the interaction between morality and law in the use of military force. Second, the book addresses the issue of how proportionality in the law governing the use of force relates to proportionality in the LOAC. Third, the book addresses a number of pressing legal issues including: how proportionality and necessity are linked under international law, the controversial “unwilling and unable” test, drones and targeted killing, their application during civil war, and the need for further transparency in states’ justification for the use of force in self-defense. Fourth, the book analyzes the role of military necessity within the LOAC on the battlefield. This includes discussions about the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in a proportionality analysis. Finally, the book concludes with a discussion on the potential role of proportionality in the law governing post-conflict contexts.


Author(s):  
Fleck Dieter

This chapter provides an overview of the law of non-international armed conflicts and its progressive development. The law of armed conflict, as it has developed in the last part of the nineteenth and the first part of the twentieth century, deals predominantly with wars between states. Its basic principles and rules are, however, likewise relevant for non-international armed conflicts: in all armed conflicts, elementary considerations of humanity must be respected under all circumstances, in order to protect victims, to reduce human sufferings, and to minimize damages to objects vital for survival. Therefore, the parties to the conflict do not have an unlimited choice of the means and methods of conducting hostilities, nor of selecting the targets to be attacked, and they must protect the victims from the effects and consequences of war. This concept is reflected in the principles and rules of international humanitarian law, to be respected by all and, while taking military necessity into account, limiting the use of force for humanitarian reasons. Parties to the conflict respecting these principles and rules are considered as respecting the international order, while those seriously violating them will commit internationally wrongful acts and perpetrators are liable to punishment.


Sign in / Sign up

Export Citation Format

Share Document