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Military Professionalism and Humanitarian Law

2018-04-09 Law
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Release : 2018-04-09
Genre : Law
Kind : eBook
Book Rating : 151/5 ( reviews)

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Book Synopsis Military Professionalism and Humanitarian Law by : Yishai Beer

Download or read book Military Professionalism and Humanitarian Law written by Yishai Beer. This book was released on 2018-04-09. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.

Proportionality in International Humanitarian Law

2021-01-18 Law
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Release : 2021-01-18
Genre : Law
Kind : eBook
Book Rating : 744/5 ( reviews)

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Book Synopsis Proportionality in International Humanitarian Law by : Amichai Cohen

Download or read book Proportionality in International Humanitarian Law written by Amichai Cohen. This book was released on 2021-01-18. Available in PDF, EPUB and Kindle. Book excerpt: The principle of proportionality is one of the corner-stones of international humanitarian law. Almost all states involved in armed conflicts recognize that launching an attack which may cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack is prohibited. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of the principle is vague. Almost every issue, from the most elementary question of how to compare civilian harm and military advantage, to the obligation to employ accurate but expensive weapons, is disputed. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state-actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military and civilian purposes? In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski discuss the philosophical and political background of the principle of proportionality. Offering a fresh and comprehensive look at this key doctrine, they comprehensively discuss the different components of the proportionality "equation" - the meaning of "incidental harm" to civilians; the "military advantage" and the term "excessive". The book proposes the debates over the principle of proportionality be reframed to focus on the precautions taken before the attack along with the course States should follow in investigations of the violations of the principle.

International Humanitarian Law and Non-State Actors

2019-11-28 Law
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Release : 2019-11-28
Genre : Law
Kind : eBook
Book Rating : 399/5 ( reviews)

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Book Synopsis International Humanitarian Law and Non-State Actors by : Ezequiel Heffes

Download or read book International Humanitarian Law and Non-State Actors written by Ezequiel Heffes. This book was released on 2019-11-28. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

The Chivalric Ethos and the Development of Military Professionalism

2003 History
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Release : 2003
Genre : History
Kind : eBook
Book Rating : 952/5 ( reviews)

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Book Synopsis The Chivalric Ethos and the Development of Military Professionalism by : David J. B. Trim

Download or read book The Chivalric Ethos and the Development of Military Professionalism written by David J. B. Trim. This book was released on 2003. Available in PDF, EPUB and Kindle. Book excerpt: This volume probes the meaning and significance of military 'professionalism'; considers whether it required the waning of the chivalric ethos or merely resulted in it; and assesses the influence of both value systems on the rise of Western states.

The Development and Principles of International Humanitarian Law

2017-07-05 History
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Release : 2017-07-05
Genre : History
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Book Rating : 086/5 ( reviews)

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Book Synopsis The Development and Principles of International Humanitarian Law by : MichaelN. Schmitt

Download or read book The Development and Principles of International Humanitarian Law written by MichaelN. Schmitt. This book was released on 2017-07-05. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for the first part of this volume offer an insight into the development, as distinguished from the history, of international humanitarian law. The focus of the majority of the works reprinted here is on an analysis of the adequacy of the law as it stood at the time of the respective publication and in the light of existing contemporary armed conflicts and military operations. Thus, the reader is afforded an in-depth look at the early roots of international humanitarian law, the continuing relevance of that body of law despite advances in weapons technology and the efforts to progressively develop it. International humanitarian law's development cannot be considered in isolation from its principles. The essays selected for the second part of the volume deal with the two fundamental principles underlying all of international humanitarian law: humanity and military necessity. The articles on the principles of humanity include reflections on the famous Martens Clause, and the analyses of military necessity take no account of 'Kriegsraison'. Moreover, they offer proof of the customary character of the principle of distinction in land, air and naval warfare.

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