Foreword to the first edition

Preface to the first edition

Foreword to the second edition

Preface to the second edition

Abbreviations

1   General principles

Introduction

Military necessity

Humanity

Rule of distinction

Civilians and combatants

Civilian property and military targets

Civilians and civilian objects protected

Rule of proportionality

Indiscriminate attacks

Customary law

Treaty law

Definition of attack

2   Enemy armed forces

I. GOOD FAITH

Who is a member of the enemy armed forces?

Child fighters

Perfidy and ruses of war

Perfidy

Ruses of war

Difference between perfidy and ruses of war

Tactics: ambush, sniping, sabotage

Uniform

Use of enemy uniform

Misuse of emblems

Intelligence gathering

Assassination

Outlawry

Psychological warfare

II. HUMANITY

Attacking food and water used by members of enemy armed forces

Surrender

Safeguard of persons hors de combat

Occupants of aircraft and vehicles

Quarter

Unusual conditions of combat

Wounded, sick and dead

Prisoners of war

Humane treatment

Maintenance and medical treatment

Searching

Security

Interrogation

Evacuation

3   Military objectives

Introduction

Current Law

The Gulf war 1991

Kosovo 1999

A reappraisal of the definition of military objectives?

Afghanistan 2001

Iraq 2003

Television stations as targets

Conclusions

Examples of military objectives

Objects protected from attack

4   Precautions in attack

Introduction

The Hague Regulations

Destruction or damage

Non-combatants

Warnings

Assault

Bombardment

Necessary steps

Precautions

Air Warfare Rules

Greco-German Mixed Arbitral Tribunal

Second World War Practice

Air warfare

Monte Cassino

Events From 1945 to1977

Current Law

Precautions in attack

Attack

Feasible

Precautions

Concrete and direct

Warning

Unless circumstances do not permit

Sieges

The Gulf war 1991

Allied bombing campaign

Kosovo 1999

Air war targeting

Afghanistan 2001

Iraq 2003

Legal responsibilities in practice

General principles

Levels of responsibility

Conclusions

Implementation of legal obligations

Guidelines: offensive operations checklist

Target selection

Warning

Weapons and tactics

Incidental damage

Practicalities

Orders to subordinates about target selection

Evaluating compliance with orders

Responsibility for the activities of those not directly under command

5   Precautions against the effects of attacks

Introduction

Current Law

Precautions against the effects of attacks

Remove civilians and civilian objects

Avoid densely populated areas

Protect civilians

Feasible

Own territory

Failure of defenders; position of attackers

Civil defence

Zones

Open or undefended towns

6   Cultural property

Introduction

Protected property

The Hague Regulations

Air Warfare Rules

Roerich pact

Draft convention of 1939

Second World War practice

Cultural Property

Cultural Property Convention

Scope of application

Definition

Basic protection

Special protection

Enhanced protection

Waiver of protection

Precautions in attack

Precautions in defence

Occupation

Transports

Personnel

Protective emblem

Supervision

Enforcement

Measures for compliance

Sending and receiving states

Discussion

Cultural property and places of worship

Protocol I

Discussion

The ICC Statute

Iraq

Conclusions

7   Environmental Protection

Introduction

Devastation as a method of warfare

Protection of the environment

Current Law

Property protection

Environmental protection

ENMOD Convention

Protocol I

Relationship between the ENMOD Convention and Protocol I

Other provisions of Protocol I

Particular weapons

Conventional weapons

Mines and other remnants of war

Nuclear weapons

Incendiary weapons

Chemical and biological weapons

Fuel-air explosive

Depleted uranium

Effect on neutral states

Iraq

Oil pollution

Nuclear facilities

Diverting rivers

Depleted uranium

Evaluation

Conclusions

The future

8   Command Responsibility

Introduction

The war crimes trials

Exception for detail

Assumption of legality of orders not obviously unlawful

Duty to prevent crimes

Duty to take steps

Knowledge

Ignorance of reports

Cases where commander put on notice

Proof of knowledge, summary

Offences by persons not under command

Duty/liability

Evidence

Staff officers

Protocol I

The commander as a party to war crimes committed by his subordinates

Duty of commanders to deal with breaches

Recent developments

International Criminal Tribunal for the former Yugoslavia

International Criminal Court

Conclusions

Military discipline and superior orders

9   The conduct of hostilities in internal armed conflicts

Introduction

Law applicable

When is there an armed conflict?

Types of internal armed conflict

The conduct of hostilities in internal armed conflicts

Enemy armed forces

Civilian immunity

Forced movement of civilians

Military objectives and civilian objects

Precautions in attack

Precautions against the effects of attacks

Cultural property

Environmental protection

Criminal responsibility

Belligerent reprisals

Internal armed conflicts, a summary of the rules

10   The military lawyer's perspective

Negotiator

Manual Writer

Instructor

Adviser

Some legal aspects of peace support operations

Prosecutor

Final remarks

 

Works cited

Index