Search results

You are looking at 1 - 10 of 19 items for :

  • Manchester Security, Conflict & Peace x
Clear All
Third edition
Author: Leslie C. Green

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

relations between belligerent forces are confined to military matters only, but occasionally such relations – for example, the arrangement of a local truce or surrender – may involve political considerations. In view of modern radio and similar means of communication, such issues tend nowadays to be undertaken at an intergovernmental level, thus avoiding actual negotiations between belligerent commanders

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

war or to treat hostilities as an armed conflict is political, made by governmental authorities, members of the forces must behave as if every conflict amounts to war and they must therefore abide by the law of war. In fact, it is becoming increasingly clear that the terms ‘war’ and ‘armed conflict’ are being used as if they were synonyms. However, during its operations against Afghanistan and Iraq

in The contemporary law of armed conflict
Leslie C. Green

force or greater violence should be used to carry out an operation than is absolutely necessary in the particular circumstances. If the application of such force would cause injury to noncombatants or civilians it is disproportionate to the military end to be achieved. The demands of military necessity are limited by legal and moral, as well as military or political, considerations, and it should be

in The contemporary law of armed conflict
Leslie C. Green

. As administrator of the occupied territory the Occupying Power is responsible for the maintenance of public order and safety. 19 Political laws like those concerning elections, and constitutional safeguards such as Habeas Corpus, cease to apply, as do laws constituting a threat to the security of the occupation, such as those relating to recruitment or the bearing of arms. However, the

in The contemporary law of armed conflict
Leslie C. Green

was an ‘outlaw’. Instead, following his surrender after Waterloo, he was handed over to the British, who exiled him to St Helena, a decision made on political, not legal, grounds but reflecting the view that his resort to war in breach of treaty was criminal. Criminalising war: Hague Convention III, 1907 20 The second International Peace Conference

in The contemporary law of armed conflict
Leslie C. Green

’ are clearly political, while what constitutes ‘international morality’ tends to be determined subjectively. The Principal Allied and Associate Powers also sought the trial ‘before military tribunals [of ] persons accused of having committed acts in violation of the laws and customs of war’, 34 and required Germany to hand over any person so accused. Germany refused, but itself tried some accused

in The contemporary law of armed conflict
Leslie C. Green

, third states might intervene on behalf of rebels with whom they were politically sympathetic. Moreover, sometimes the parties to such a conflict have behaved inter se as if they were involved in an international conflict, 1 while third states, either because the scale of the conflict has gravely intensified or their own interests have been affected, have declared their neutrality and treated the conflict as if

in The contemporary law of armed conflict
Leslie C. Green

the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations’. This is little more than a reiteration of the ban on force as an instrument of national policy in the Kellogg–Briand Pact. 1 It must, however, be read in conjunction with Chapter VII of the Charter, which states that ‘the Security Council shall

in The contemporary law of armed conflict
Abstract only
Leslie C. Green

pregnant women, children under fifteen and the immunity of hospitals and their personnel. Although these provisions are to operate without any adverse distinction based on race, nationality, religion or political opinion, the Convention does not protect those definitely suspected of or engaged in activities prejudicial to the security of the state, nor, in occupied territory, those detained as spies or saboteurs

in The contemporary law of armed conflict