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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

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

General applicability of the law In the light of the preceding chapters it is possible to draw attention to what may be regarded as the basic rules and principles underlying the law of armed conflict on land, at sea or in the air. These rules and principles are applicable regardless of the legality or justness of the conflict, and even if

in The contemporary law of armed conflict
Leslie C. Green

The position in antiquity As pointed out in Chapter 1, it has been accepted since antiquity that some restraint should be observed during armed conflict. Already in the Old Testament there are instances of limitations imposed by God. Thus we read in Deuteronomy, 2 for example, that when attacking heathen tribes among the inhabitants of Canaan the

in The contemporary law of armed conflict
Leslie C. Green

substance. It becomes necessary, therefore, to examine this apparent dichotomy and to introduce any study of the law of armed conflict by considering the nature and legality of war. Before doing so, however. it is as well to bear in mind that Cicero maintained, ‘silent enim leges inter armes . . . Salus populi suprema est lex.’ 2 Clausewitz 3 even went so far as to assert

in The contemporary law of armed conflict
Clara Duterme

Established during the Guatemalan Peace Process, the Oslo Accord contemplates the question of compensating the victims of internal armed conflict. Not only was this accord founded on the principles of victims rights, but it also intends to contribute to the democratic reconstruction of Guatemalan society through a process of recognition of victims status and memory – intended to have a reconciling function. The article focuses on the work of two organisations implementing the Oslo Accord and aims to analyse the discourses and practices of the local actors and their perception of the application of victims rights. Civil society actors and members of the National Compensation Programme demonstrate different approaches both in practical work and in representations of what is right. However, revendication of local cultural values is present in all actors discourse, revealing their ambiguous position in regard to state government.

Human Remains and Violence: An Interdisciplinary Journal
Catherine Akurut

Introduction Men experience sexual violence during armed conflict situations, which affects their physical, social and psychological well-being. However, this is under-researched and under-reported ( Vojdik: 2014 : 931), and often misunderstood and mischaracterised ( Kapur and Muddell, 2016 : 4). Consequently, men who experience conflict-related sexual violence (CRSV) have been severely overlooked within the humanitarian

Journal of Humanitarian Affairs
Valérie Robin Azevedo

In recent years, exhumation campaigns of mass graves resulting from the armed conflict (1980–2000) between the Maoist guerrillas of PCP-Shining Path (Sendero Luminoso) and the States armed forces have increased in Peru. People in rural Andes, the most marginalised sectors of national society, which were also particularly affected by the war, are the main group concerned with exhumations. This article examines the handling, flow and re-appropriation of exhumed human remains in public space to inform sociopolitical issues underlying the reparation policies implemented by the State, sometimes with the support of human rights NGOs. How do the families of victims become involved in this unusual return of their dead? Have the exhumations become a new repertoire of collective action for Andean people seeking to access their fundamental rights and for recognition of their status as citizens? Finally, what do these devices that dignify the dead reveal about the internal workings of Peruvian society – its structural inequities and racism – which permeate the social fabric?

Human Remains and Violence: An Interdisciplinary Journal
A Congolese Experience
Justine Brabant

Introduction What is the logic governing journalistic practices in armed conflict contexts? 1 There are obvious physical constraints that make it difficult for sociologists and anthropologists to directly observe reporters working in war zones or areas of armed conflict. And while it is no substitute for direct observation, I would like to share my own experience of the multiple constraints that journalists face in crisis zones and of the

Journal of Humanitarian Affairs
The Law and Politics of Responding to Attacks against Aid Workers
Julia Brooks and Rob Grace

towards operating in insecure environments ( Humanitarian Practice Network, 2010 ; Egeland et al. , 2011 ; Healy and Tiller, 2014 ; Neuman, 2016 ; Jackson and Zyck, 2017 ). Whether humanitarian insecurity has actually increased in recent years is the subject of often heated debate among practitioners, analysts and policymakers ( Dandoy, 2014 ; Weissman, 2016 ). After all, humanitarian actors have always faced security risks in their endeavours to deliver assistance to, and promote protection for, vulnerable people amid ongoing armed conflicts, natural disasters

Journal of Humanitarian Affairs