Laws of War
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Recent papers in Laws of War
Where did Henry V get his reputation as a paragon of justice? It is mainly conveyed to us by French chroniclers, and it is therefore necessary to investigate its origins in the French kingdom. This study focuses on Henry’s administration... more
The end of the Cold War was marked with hopes of many nations on the final elimination of nuclear weapon (NW) that had bred fear of the total elimination of humanity. First decade after the end of competition between USA and Soviet Union... more
Early in De civitate Dei, Augustine addresses the right and duty of soldiers to kill in war. Section 1.21 states that they may kill if acting act at God’s prompting; other passages expand upon this to include soldiers acting upon... more
La actitud del Capitán de Navío Miguel Grau Seminario, durante la campaña naval que lideró en el conflicto internacional de 1879 reúne características que se enmarcan dentro del Derecho Internacional Humanitario, rama del Derecho... more
The law of war is part of who we are, it is part of our military heritage. Warfare may have changed shape, methods, and technologies – but the concept of one group of people battling another group of people defensively, due to religious... more
The current article focuses on the evolution and application of the Law of Armed Conflicts from the Middle Ages to the present day, with particular emphasis on the legal status of the declaration of the First World War. By analyzing the... more
This article examines the tendencies to define the scope of application of jus ad bellum negatively in relation to the scope of application of jus in bello and demonstrates their neutralising effect on the prohibition on the use of force... more
This article in the Max Planck Encyclopedia explores the contents, principles and historical significance of the Lieber Code. Known also as 'the first modern codification of the laws of war', the Code was drafted by Francis Lieber to... more
Archibald Reiss reporting on atrocities during World War I in Serbia contributed to the public perception of the role of civil- ians and the meaning of war crimes. His reports on Austrian and Bulgarian wrong-doings perfectly show the... more
The history of international law, sometimes referred to as the law of nations, is fundamentally entwined with the history of the international system as a whole. The laws of war, for their part, constitute a sub-field of international law... more
GİRİŞ Batı Şeria ve Gazze Şeridi 1967 yılında İsrail işgal devleri tarafından işgal edilmiştir. İşgal edilmiş bu topraklarda önceden beri süre gelen bir hukuk sistemi ve yönetim mevcut olmasına rağmen işgalin ardından tüm yönetim yapısı... more
Over the last years there is a growing body of literature over exploiting cyberspace for offensive and defensive purposes. Cyber-conflict is after all the newest mode of warfare and cyber-weapons have been described as weapons of mass... more
Amidst fears over artificial intelligence 'arms races' , much of the international debate on governing military uses of AI is still focused on preventing the use of lethal autonomous weapons systems (laws). Yet 'killer robots' hardly... more
The present chapter analyses the prohibition of deportation and forcible transfer of civilian population set forth in Article 49(1) of the Geneva Convention relative to the protection of civilian persons in time of war of 12 August 1949... more
There is an analytical richness preserved within the term lawfare that has not yet been sufficiently revealed. Beyond a mere performative speech act, used to demonizing certain behaviours or discrediting certain opponents, lawfare can... more
Parmi les projets de Rousseau figurait un ouvrage intitulé “Principes du droit de la guerre”. On a longtemps cru cet ouvrage perdu ou resté à l’état d’ébauches fragmentaires. Or un travail sur des manuscrits (jusqu’alors publiés... more
This Article discusses the competences and powers of the UN Security Council in securing compliance with international humanitarian law, in particular through the adoption of the measures provided in Chapter VII of the Charter: The... more
On 6 August 1945 the atomic bomb Little Boy was dropped over the Japanese city of Hiroshima. On 9 August another one, Fat Man, targeted Nagasaki. The first bomb directly and indirectly killed about 237,000 people in Hiroshima. The... more
Based on a detailed analysis of Gentili’s use of sources in De iure belli, this article argues that Gentili’s famous treatise on the laws of war is an incongruous attempt at reconciling an absolutist conception of sovereignty and a strong... more
This Article investigates how contemporary laws of war rationalize civilian deaths. I concentrate on two specific legal constructions in warfare: the definition of civilian/combatant and the principle of distinction. (The categories of... more
Pada awal abad XX sampai sekarang sering timbul konflik bersenjata di beberapa wilayah di dunia seperti pertikaian intern di dalam negeri atau antar negara, dan hal ini menjadikan Perserikatan Bangsa-Bangsa sebagai organisasi... more
The waters around the Senkaku Islands have been home to an undeclared, "Cold", War, with Chinese state vessels (plus fishermen and "activists") often trying to penetrate them, and Japanese Coastguard boats out to prevent it. Both sides... more
My chapter for the forthcoming Oxford Handbook of the Ethics of War.
The purpose of this paper is to provide a study on the application of the law of war and the use of diplomatic networks in foreign policy in the time of Augustus. Implementation mechanisms of ius belli as regards the treatment of the... more
This book examines John Calvin’s sense of vocation. 1) It begins with an analysis of thinking on prophecy in early, medieval, and Reformation theology. 2) It finds Calvin within a non-mystical, non-apocalyptic prophetic tradition... more
If humanitarian tragedies caused by war have for a long time been the object of legal regulation, it was not until recently that the protection of the natural environment in armed conflict has attracted similar attention. The consequence... more
In the closing days of the 1982 Falklands War, Argentine forces successfully employed an improvised shore-based Exocet against HMS Glamorgan. The ship survived but was put out of action. 30 years later, the shadow of this half-forgotten... more
Legal aspects of the State anti-Jewish policy in the Kingdom of Bulgaria (1940-1944) Zdravka Krasteva On the necessity of this study I. The anti-Jewish legislation in the Kingdom of Bulgaria 1. The legal context of the epoch 2.... more
This article addresses the problem of international law enforcement within the War on Cyberterrorism. Hybrid conflicts have replaced the traditional ones, and new threats have emerged in cyberspace, which has become a virtual battlefield.... more
This report for the Wilson Center describes the Deep Web and Darknet and how they operate. It identifies regulatory, policy, and legal challenges, and urges focused policy-maker and legal analyst attention.
The institution of requisitioning, analysed in this article, belongs to the area of research related to the obligation to provide in-kind contributions by the population in the area of military operations. It is primarily an area of... more
International Humanitarian Law (IHL) was developed to limit the subsequent damage of armed conflict on civilians and non-combatants. IHL protects all individuals that are not or no longer involved in armed conflict and and restricts the... more
Measures of crime prevention, also restrictive of individual liberties and inconsistent with proper human rights safeguards, are developing in the different crime prevention models, supranational and national, European and extra-European.... more
In Late Antiquity, many laws were issued to regulate complex social and economic matters, including the control of real estate, construction, and the management of private buildings. A new building practice and culture of re-use gradually... more