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Third edition
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It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.

Leslie C. Green

Classic position Historically, international law is concerned only with the relations between states. As a result, the law of armed conflict developed in relation to inter-state conflicts and was not in any way concerned with conflicts occurring within the territory of any state or with a conflict between an imperial power and a colonial

in The contemporary law of armed conflict
Leslie C. Green

committed within a belligerent’s lines and intended to harm and aid the adverse party. However, such acts are offences only against the law of the particular belligerent, and, since they are not forbidden by international law, do not constitute war crimes in the proper sense of the term. The concept of war crimes, with trial and condemnation of those committing them, is not new. In ancient Greece ‘treacherous

in The contemporary law of armed conflict
Leslie C. Green

The traditional view One of the longest and best established principles of international law has been that which recognises that states have no right to intervene in the internal or domestic affairs of another state. This principle receives conventional recognition in Article 2 (7) of the Charter of the United Nations, which declares that

in The contemporary law of armed conflict
Abstract only
Their commencement, effects and termination
Leslie C. Green

. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. 1 When hostilities began, usually following a declaration of war, 2 and non-parties to the conflict were held by the belligerents to be subject to the duties of, and they claimed the rights pertaining to, neutrals, 3 war was recognised and the law of war came into operation. Frequently

in The contemporary law of armed conflict
Tony Blair, humanitarian intervention, and the “new doctrine of the international community”
Jim Whitman

armed forces is much more significant than that: at present—and for the purpose of this discussion, in the UK in particular—moral justifications for military actions do not merely bolster the practical case for action against the strictures of international law and/or popular disquiet: they also facilitate the climate that makes such actions less uniquely challenging—and eventually, unexceptional. This

in Intelligence and national security policymaking on Iraq
Leslie C. Green

: since war is an act of force, there is no logical limit in the application of force . . . attached to force are certain self-imposed imperceptible limitations hardly worth mentioning, known as international law and custom, but they scarcely weaken it. [K]ind-hearted people might . . . think there was some ingenious way to disarm or defeat an enemy without

in The contemporary law of armed conflict
Leslie C. Green

The difficulties Like other branches of international law, the law of armed conflict has, as such, no permanent means to secure its observance. However. the International Criminal Court established by treaty in 1998 has, for parties to its Statute, 1 jurisdiction over war crimes. Moreover, since it is generally accepted

in The contemporary law of armed conflict
Leslie C. Green

and of those claiming to be outside the conflict. The international law of armed conflict grants rights and imposes duties upon these non-participants, which are known as neutrals and the relevant legal regime as neutrality. 1 So long as the activities of the non-participants do not interfere with the legitimate activities of the belligerents or benefit one at the expense of another, neutrals are

in The contemporary law of armed conflict
Abstract only
Marco Barducci

, theological and legal contexts. 3 The existing historiography of Grotius’s influence on early modern English culture and society has been undertaken from three different perspectives. Each of these has explored a narrow account of the reception of specific works. One powerful investigation has focused on Grotius’s natural and international law; 4 a second has pointed to the influence of his

in Order and conflict