Armed Conflicts and the Law

This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular the vast body of rules laid down in current international humanitarian law.
Editor(s):
Jan Wouters, Philip De Man, Nele Verlinden
Series:
International Law
Volume:
17
book | published | 1st edition
March 2016 | lxxii + 572 pp.

Hardback
€95.-


ISBN 9781780683157

Details

A paperback edition of this book is available for course adoptions and students. Click here.

This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular the vast body of rules laid down in current international humanitarian law. The manual combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during and after warfare.

Through a series of fourteen thematic chapters that logically follow from one to another, scholars and practitioners tackle core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. 

In combination with the broad scope and accessible nature of the collection, the experience and ambition on display in this volume makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats and humanitarian and human rights workers around the globe. It is complemented by, and a helpful companion to, J. Wouters and P. De Man, Humanitarian and Security Law: A Compendium of International and European Instruments.

With contributions by: Luc Reydams, Tom Ruys, Sten Verhoeven, Frederik Naert, Jean-Marie Henckaerts, Bruno Demeyere, William Boothby, Hilde Sagon and Hanne Cuyckens.


‘Armed Conflicts and the Law is a book of impressive scope and depth. Ranging deftly across the spectrum of armed conflict and the law that governs it, this impressive work draws together new voices and world-renowned experts from the academy, military and the ICRC to examine the normative nuances of contemporary conflict. At the same time both scholarly and practical, Armed Conflicts and the Law will prove an invaluable resource for anyone dealing with the complex, synergistic, and evolving relationship between law and armed conflict.’
Prof. Michael N. Schmitt, Director, Stockton Center for the Study of International Law, U.S. Naval War College

‘The multifaceted character of modern armed conflicts and ever increasing atrocities to victims call for a continuing assessment of the law of the books in the light of the practice of States and non-State actors. Jan Wouters, Philip De Man and Nele Verlinden, together with their excellent co-authors, have offered innovative insights to salient features of existing rights and responsibilities. They convincingly go beyond the jus in bello by including topical issues of the jus ad bellum and the jus post bellum, thus showing important interrelationships between these independent branches of international law.’
Dieter Fleck, Former Director, International Agreements & Policy, German Ministry of Defence

How to qualify the various situations of violence we face today? Are the current rules clear enough and still adequate? Is the relation between the “jus ad bellum” and the “jus in bello” always relevant? How best to defend the fundamental principles of these corpuses of international law? Is it justified to revisit some of them? The great merit of this excellent book is precisely not to address these issues in isolation but to show us the relations between them and with the current realities of our world, through a wise choice of contributions. The high quality of these contributions must be greeted as well as the fact that eminent representatives of the academic world surround young researchers, paving the way for the future generations.’
Yves Sandoz, Honorary member and former Director of International Law and Policy, International Committee of the Red Cross, Honorary professor of International Humanitarian Law

‘This new book provides a very accessible way to look at the intersection between law and war in context. It addresses contemporary concerns and gives the reader a marvellous overview of the relevant legal regimes.’
Andrew Clapham, Professor of International Law, Graduate Institute of International and Development Studies, Geneva

‘Today armed conflicts change continuously as does the world in which they are conducted. There is therefore a need for analysis of the application of the law to these dynamics. This book stands out in connecting the law with the real world of armed conflicts. It will help students, academics and practitioners to better understand the response of the law to armed conflicts.’
Liesbeth Zegveld, University of Amsterdam

An important, rigorous volume, comprehensively covering some of the most relevant issues of contemporary armed conflicts.
Marko Milanovic, University of Nottingham

‘This volume will provide both critical analysis of current issues and controversies as well as serving as a potentially useful reference for anyone interested in this topical body of law for academic or professional reasons. I am happy to recommend it.’
Prof. Terry Gill, University of Amsterdam

Chapters

Table of Contents (p. 0)

Chapter 1. A la guerre comme à la guerre (p. 1)

Chapter 2. Legal Instruments for the Prevention of Armed Conflicts (p. 29)

Chapter 3. The Law of Neutrality (p. 75)

Chapter 4. International Law on the Use of Force (p. 107)

Chapter 5. International and Non-International Armed Conflicts (p. 151)

Chapter 6. Human Rights and (Armed) Conflict (p. 187)

Chapter 7. The Development of International Humanitarian Law and the Continued Relevance of Custom (p. 219)

Chapter 8. The Protection of Civilians and Civilian Objects against Hostilities (p. 259)

Chapter 9. Means and Methods of Warfare (p. 305)

Chapter 10. New Technologies in Means and Methods of Warfare (p. 343)

Chapter 11. Protected Persons in International Humanitarian Law (p. 367)

Chapter 12. The Law of Occupation (p. 417)

Chapter 13. The Implementation of International Humanitarian Law and the International Committee of the Red Cross (p. 445)

Chapter 14. Repression of Violations of International Humanitarian Law (p. 485)

Chapter 15. Post-Conflict Reconstruction (p. 513)

Selected Bibliography (p. 551)

Index (p. 559)

About the series:

International Law

The series International Law contains high-quality monographs and edited volumes dedicated to current issues of public international law and the law of international organisations. It aims at a broader dissemination of doctoral research and collective research efforts.

General Editor of the series is Professor Jan Wouters, Jean Monnet Chair and Professor of International Law and International Organisations, and Director of the Institute for International Law and Leuven Centre for Global Governance Studies at the University of Leuven.

More about this series