The contemporary law of armed conflict

목차 (Table of Contents)

• Contents
• Foreword / Gillian M. White page = xiv
• Preface and acknowledgements = xv
• Abbreviations = xvi
• 1 Legality of war and the law of armed conflict = 1
• Way defined = 1
• Criminalising war: Napoleon = 2
• Criminalising war: the Treaty of Versailles = 3
• Criminalising war: the League of Nations = 4
• The Pact of Paris = 7
• The United Nations Charter = 8
• The London~Nuremberg Charter = 9
• The Nuremberg Judgment = 10
• The United Nations and the concept of aggression = 12
• The law of war = 14
• The law in nascendi = 14
• Humanitarian law = 16
• 2 History and sources of the law of armed conflict = 18
• The position in antiquity = 18
• The Middle Ages and chivalry = 21
• Precursors of Geneva = 23
• War: a public activity = 26
• The first modern codes = 27
• Inter-state concern begins = 28
• Precursors of Hague Law = 29
• The Hague Law = 31
• The Declaration of London = 35
• War in the air = 35
• Gas as a weapon = 37
• World War 11 = 38
• The Nuremberg Judgment and Principles = 39
• The Genocide Convention = 40
• The Geneva Conventions, 1949 = 41
• Common Article 3 = 42
• Grave breaches and war crimes = 43
• Humanitarian law and civilian protection = 44
• Geneva updated = 48
• Generality of the law = 50
• 3 International and non-international armed conflict = 52
• Classical position = 52
• The impact of Protocol 1, 1977 = 53
• The significance of customary law = 55
• Non-international conflicts = 56
• Protocol 11, 1977 = 58
• Aggression = 59
• Self-determination and national liberation = 60
• Defining a non-international conflict = 63
• Intervention and non-international conflicts = 64
• Educating the fighter in the field = 66
• 4 Hostilities: their commencement, effects and termination = 67
• The problem of the status mixtus = 67
• Are declarations of war necessary? = 69
• The effect of the United Nations Charter = 70
• Effects of the outbreak of hostilities = 72
• Nationals in enemy territory = 74
• The position of merchant vessels and aircraft = 76
• Operation of the laws of armed conflict = 77
• Termination of the conflict = 79
• Significance of an armistice = 81
• 5 Inter-belligerent relations = 84
• Enemies and adverse parties = 84
• Belligerents and enemy nationals = 85
• Relations between belligerent forces = 87
• Parlementaires = 88
• Capitulation and surrender = 91
• Passports and safe-conducts = 93
• Safcguards = 94
• Cartels = 94
• Safety zones = 95
• Demilitarised zones = 96
• Undefended places = 97
• 6 Lawful combatants = 99
• Historical background = 99
• The law today = 102
• The impact of Protocol 1 = 107
• Mercenaries = 111
• Irregular forces = 114
• Deserters and spies = 115
• Attached Don-combatants = 117
• 7 Conduct of hostilities: land = 118
• Basic rules = 119
• Illegal weaponry = 121
• Nuclear weapons = 124
• Weapons in desuetude = 126
• Treaties regulating weaponry = 127
• Gas, chemical and bacteriological weapons = 129
• Environmental protection = 131
• Mines and booby-traps and incendiaries = 132
• Poison and starvation = 135
• Forbidden practices = 137
• Stratagems and ruses = 138
• Denial of quarter = 140
• Compulsory enlistment = 140
• Permitted practices = 141
• The problem of aircrews = 143
• The treatment of enemy property = 144
• Precautions in attack = 147
• Dangerous installations = 149
• Protection of civilians = 151
• 8 Conduct of hostilities: maritime = 154
• Area of operations = 154
• The impact of UNCLOS = 155
• Prize and contraband = 157
• Combatant status = 159
• Merchant ships in enemy ports = 160
• The role of warships = 160
• Warships in neutral waters = 161
• Seizure, capture and condemnation = 162
• Restrictions on the right of capture = 165
• Attacks on land targets = 167
• Mines and torpedoes = 168
• Ruses and stratagems = 169
• Blockade = 170
• 9 Conduct of hostilities- air = 173
• Military aircraft defined = 173
• The status and rights of aircraft = 174
• The role of aircraft in war = 176
• Methods of combat = 178
• Protected aircraft = 180
• Legitimate targets = 182
• Forbidden weapons = 185
• Basic rule = 187
• 10 Prisoners of war = 188
• The basic rule = 188
• Who are prisoners of war? = 189
• Treatment of prisoners of war = 191
• Duties of the Detaining Power = 196
• The law controlling prisoners of war = 201
• End of captivity = 205
• Offences against prisoners = 206
• 11 The wounded, sick and shipwrecked = 207
• Common approach = 207
• Protection and care = 209
• Removal of the wounded, siek and shipwrecked = 211
• Civilian assistance = 212
• Medical personnel, establishments and units = 212
• Hospital ships = 215
• Medical aircraft = 216
• Special protection = 218
• Use of the emblem = 219
• 12 Civilians = 220
• Classical position = 220
• The impact of World War II = 220
• Those protected = 221
• Application of the Convention = 222
• The rights of protected persons = 224
• The position of aliens = 227
• Control measures = 229
• The position of children = 230
• Punishment of civilians = 231
• Journalists = 233
• 13 The Protecting Power = 234
• Background = 234
• The impact of Geneva = 235
• Prisoners of war = 236
• Civilians = 238
• Detention and trial = 239
• Cultural property = 240
• The role of humanitarian organisations = 241
• 14 Civil defence = 242
• Pre-1977 = 242
• Protocol I = 242
• Military personnel and civil defence = 245
• 15 Rights and duties of the Occupying Power = 246
• The basic rules = 246
• The nature of belligerent occupation = 247
• Relations with the population = 248
• Obligations of the occupying power = 250
• Actions against the population = 251
• Amendments to the local law = 252
• Restrictions on the occupying power = 255
• Regulations regarding detention = 256
• 16 Rights and duties of neutrals = 258
• Basic rules = 258
• The rights of belligerents = 260
• The rights and duties of neutrals = 261
• Enlistment and private trading = 262
• Neutral nationals = 264
• Neutrals and maritime warfare = 265
• Neutral-belligerent relations = 266
• 17 Prevention of breaches and supervision of conduct = 268
• The difficulties = 268
• Dissemination = 270
• Legal advisers = 270
• The task of a commander = 271
• State liability and restrictions on its actions = 271
• Third party action = 273
• Fact Finding Commission = 274
• Deterrence producing compliance = 275
• 18 War crimes and grave breaches = 276
• Historical background = 276
• Monotheistic views = 277
• Modern developments = 278
• The two world wars = 280
• The effect of the Geneva Conventions and Protocol I = 282
• The treatment of war criminals = 282
• War crimes defined = 285
• Action against grave breaches = 286
• Grave breaches defined = 287
• Environmental war crimes = 289
• Customary law offences = 290
• Who is liable? = 292
• Defences: necessity = 293
• Defences: superior orders = 293
• Confirmation of Nuremberg = 296
• The present position = 296
• Treatment of the accused = 297
• Developments since 1977 = 298
• 19 The law and non-international conflicts = 303
• The traditional view = 303
• Article 3 common to the 1949 Conventions = 304
• Protocol II = 306
• The Protocol in operation = 307
• Protection under Protocol II = 309
• The protection of children = 309
• Protection of civilians = 310
• Treatment of civilians = 311
• The treatment of prisoners and detainees = 312
• Penalities = 314
• Care of the wounded and sick = 315
• Giving the Protocol substance = 316
• 20 United Nations operations = 318
• United Nations forces = 318
• The rights of member states = 320
• Enforcement measures = 321
• Peace-keeping operations = 323
• UN peace-keepers as prisoners = 325
• The guiding principle = 326
• 21 Basic rules of the law of armed conflict = 327
• General applicability of the law = 327
• The Hague and Geneva Law = 328
• Humanitarianism = 328
• Restrictions on means and methods = 329
• Identification and proportionality = 330
• Permitted and forbidden activities = 332
• I The Soldier's Rules = 335
• II Fundamental rules of international humanitarian law applicable to armed conflicts = 335
• III Non-international armed conflicts = 336
• Bibliography = 338
• Table of cases = 350
• Table of treaties = 355
• Index = 366