The Dangerous Rise Of Dual Use Objects In War
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Dual-use Objects under International Humanitarian Law: Towards a Paradigm Shift
This book deals with a crucial and yet under-explored topic that has increasingly gained momentum during modern armed conflicts, i.e. dual-use objects under international humanitarian law (IHL). Dual-use objects, such as energy infrastructures, water installations and civilian means of transportation and communication, which could be used also for military purposes, is a term that has entered the IHL jargon but has not attained the status of a legal concept. Dual-use objects are easily identifiable and yet remain difficult to pin down, in particular when it comes to separating them from military objectives and determining the applicable rules to enhance their protection. Although attacks against critical infrastructures are traditionally justified as being part of a legitimate military strategy, experts and, in some instances, governments are uncomfortable with the idea of depriving the civilian population of services and goods essential to its survival. Yet, the sense of discomfort has not led to any significant improvement and ‘dual-use objects’ remain on the target lists of most belligerents. A number of factors, which this book analyses to explain the rise and rationale behind the current 'mainstream approach' to dual-use objects, contributed to cementing the status quo. The present book, building on these premises, pursues a twofold aim. First, this book seeks to fill a significant gap in the IHL scholarship in light of the limited attention that the topic has received so far. Second, this book aims to challenge the mainstream approach through a rigorous inquiry and the development of a new paradigm. The paradigm shift, which is at the heart of this study, places under the spotlight the civilian function of dual-use objects and reclaim the central role of the individual actors that plan, order and execute attacks against these targets. This book aspires to become an essential tool for academics and practitioners working in the IHL field, but at the same time its readership is expected to include students at all levels that have an interest in the topic and seeks to approach it in an innovative way. Francesca Capone is Associate Professor of International Law at the Institute DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy.
Customary International Humanitarian Law
Author: Jean-Marie Henckaerts
language: en
Publisher: Cambridge University Press
Release Date: 2005
"Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts."--
An Introduction to the International Law of Armed Conflicts
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.