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Belligerent Reprisals (Hardcover, 2nd)
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Belligerent Reprisals (Hardcover, 2nd)
Series: International Humanitarian Law Series, 11
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Belligerent Reprisals examines the historical developments in the
law and practice relating to recourse to belligerent reprisals, as
a (primitive) means of law enforcement in the hands of a party to
an armed conflict, victim of a violation of the law of war at the
hands of its enemy. As a legal concept, the notion means that the
victim in turn violates a rule of the same body of the law of war,
with the purpose of thus inducing the enemy to terminate its
unlawful conduct. However, the enemy may in its turn denounce the
so-called reprisal as an unlawful act of war and retaliate against
it, thus setting in motion the ill-famed spiral of negative
reciprocity. While early lawmakers refrained from taking up the
issue, prohibitions of reprisals could be achieved in conventions
adopted in 1929 and 1949 on the protection of the power of the
enemy. In contrast, reprisals (or retaliatory conduct announced
under that title without meeting the requisite conditions) were
common practice in the conduct of hostilities, with civilians in
non-occupied territory as the main victims. With major governments
disinclined to give up this tool, the ban on reprisals against
civilian populations ultimately accepted in the Protocols of 1977
Additional to the Geneva Conventions of 1949 could only be
hard-fought, and it remains contested to this day. First published
in 1971, Belligerent Reprisals has become a classic work on this
complex topic. The analysis of lawmaking and state practice it
contains is as valid today as it was in the late 1970's, and
elucidates the dilemmas inherent in the notion of belligerent
reprisal, as a means of law enforcement that can go terribly wrong.
General
Imprint: |
Martinus Nijhoff Publishers
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Country of origin: |
Netherlands |
Series: |
International Humanitarian Law Series, 11 |
Release date: |
March 2005 |
First published: |
2005 |
Authors: |
Frits Kalshoven
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Dimensions: |
247 x 165 x 31mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
390 |
Edition: |
2nd |
ISBN-13: |
978-90-04-14386-9 |
Categories: |
Books >
Law >
International law >
General
|
LSN: |
90-04-14386-6 |
Barcode: |
9789004143869 |
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