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Over the past ten years the content and application of
international law in armed conflict has changed dramatically. This
Oxford Handbook provides an authoritative and comprehensive study
of the role of international law in armed conflict and engages in a
broad analysis of international humanitarian law, human rights law,
refugee law, international criminal law, environmental law, and the
law on the use of force. With an international group of expert
contributors, the Handbook has a global, multi-disciplinary
perspective on the place of law in war. The Handbook consists of 32
chapters in seven parts. Part I provides the historical background
of international law in armed conflict and sets out its
contemporary challenges. Part II considers the relevant sources of
international law. Part III describes the different legal regimes:
land warfare, air warfare, maritime warfare, the law of occupation,
the law applicable to peace operations, and the law of neutrality.
Part IV introduces crucial concepts in humanitarian law: the use of
weapons, proportionality, the principle of distinction, and
internal armed conflict. Part V looks at rights issues: life,
torture, fair trials, the environment, economic, social and
cultural rights, the protection of cultural property, and the human
rights of members of the armed forces. Part VI covers key issues in
times of conflict: the use of force, terrorism, unlawful
combatants, mercenaries, forced migration, and issues of gender.
Part VII deals with accountability for war crimes, the
responsibility of non-state actors, compensation before national
courts, and, finally, transitional justice.
In this academic but very readable work, the author tries to shed
light on the contemporary meaning and legal definition of the
concept of 'Non-International Armed Conflict', which was originally
created to cover situations of 'classical' Civil Wars. In this
book, Haeck tries to answer the question when a certain situation
can be described as being a 'Non-International Armed Conflict'. He
analyses the answers that have been given by the international
case-law and doctrine and creates a working-definition that can be
used to determine if a situation can be classified as a
Non-International Armed Conflict. Subsequently, he sheds light on
the possible reasons one might have to classify something as an
Armed Conflict - or not. To clarify this theoretical and abstract
exercise, the author applies his theoretical framework to three
contemporary case-studies. This short but heavily researched book
can be an excellent starting point for everyone who is interested
in the legal framework regulating the law of Armed Conflict or
anyone who is eager to understand what might drive the relevant
stakeholders to classify a certain situation as an Armed Conflict
or not.
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