Pub Date : 2008-12-02DOI: 10.1163/9789047427049_011
{"title":"Customary International Humanitarian Law - A Response to US Comments","authors":"","doi":"10.1163/9789047427049_011","DOIUrl":"https://doi.org/10.1163/9789047427049_011","url":null,"abstract":"","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116419977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-12-02DOI: 10.1163/9789047427049_010
{"title":"On Absolute and Relative Universality of the Concept of Democracy","authors":"","doi":"10.1163/9789047427049_010","DOIUrl":"https://doi.org/10.1163/9789047427049_010","url":null,"abstract":"","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133709987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-12-02DOI: 10.1163/9789047427049_004
{"title":"The Use of Air Assets and Military Operations in Urban Terrain: Legal Constraints","authors":"","doi":"10.1163/9789047427049_004","DOIUrl":"https://doi.org/10.1163/9789047427049_004","url":null,"abstract":"","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115313957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-12-02DOI: 10.1163/9789047427049_008
{"title":"Conflicts Between UN Security Council Resolutions and the UN Convention on the Law of the Sea and Their Possible Resolution","authors":"","doi":"10.1163/9789047427049_008","DOIUrl":"https://doi.org/10.1163/9789047427049_008","url":null,"abstract":"","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125886468","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-12-02DOI: 10.1007/978-90-6704-740-1_11
M. Schmitt
{"title":"Human Shields in International Humanitarian Law","authors":"M. Schmitt","doi":"10.1007/978-90-6704-740-1_11","DOIUrl":"https://doi.org/10.1007/978-90-6704-740-1_11","url":null,"abstract":"","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133418738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/9789047427049_005
D. Fisher
A s military lawyers are well aware, the international legal framework for the protection and assistance of civilians in conflict situations is well developed and deeply integrated into the ways lawyers and laypeopJe think and talk about war. The Geneva Conventions of 1949, the cornerstone of international hwnanitarian law (IHL), have now achieved universal adhesion;l over seventy nations have formed national commissions on IHl;2 and lHL is being studied and wri tten about in universities, mili tary academies and other forums around the world. In contrast, the law of international disaster response, referred to in recent years as "International Disaster Response Laws, Rules and Principles" or "IDRL," has been described as "neglected'" and "far from complete,"· with no centralized regime equivalent to the Geneva Conventions, few academic resources dedicated to the issue and, until recently, li ttle attention from the international disaster relief community .
{"title":"The Law of International Disaster Response: Overview and Ramifications for Military Actors","authors":"D. Fisher","doi":"10.1163/9789047427049_005","DOIUrl":"https://doi.org/10.1163/9789047427049_005","url":null,"abstract":"A s military lawyers are well aware, the international legal framework for the protection and assistance of civilians in conflict situations is well developed and deeply integrated into the ways lawyers and laypeopJe think and talk about war. The Geneva Conventions of 1949, the cornerstone of international hwnanitarian law (IHL), have now achieved universal adhesion;l over seventy nations have formed national commissions on IHl;2 and lHL is being studied and wri tten about in universities, mili tary academies and other forums around the world. In contrast, the law of international disaster response, referred to in recent years as \"International Disaster Response Laws, Rules and Principles\" or \"IDRL,\" has been described as \"neglected'\" and \"far from complete,\"· with no centralized regime equivalent to the Geneva Conventions, few academic resources dedicated to the issue and, until recently, li ttle attention from the international disaster relief community .","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126542258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/9789047427049_009
R. Barnidge
{"title":"Questioning the Legitimacy of Jus Cogens in the Global Legal Order","authors":"R. Barnidge","doi":"10.1163/9789047427049_009","DOIUrl":"https://doi.org/10.1163/9789047427049_009","url":null,"abstract":"","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124088382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/9789047427049_007
Vicki McConachie
{T}1lere is no quandary in the mind of Australia's military leaders whetl we examine where we might need to be techtlologically; we use interoperability with the United States as a benchmark. However, we mllst strike a balance that ensures we remain interoperable with bolll techniadly advanced allies and those not as technically advanced, but no less important, regional and coalition partners. Australia successfully led the UN effort in East Timor because it had the ability to flex its command and control systems, technology, tactics, techniques and procedures in both directions to accommodate coalition partners across a range of technological capabilities. We must continue to achieve this balance within a tight budget. This will challenge our ingenuity and, I suspect at times, our patience!'
{"title":"Coalition Operations: A Compromise or an Accommodation","authors":"Vicki McConachie","doi":"10.1163/9789047427049_007","DOIUrl":"https://doi.org/10.1163/9789047427049_007","url":null,"abstract":"{T}1lere is no quandary in the mind of Australia's military leaders whetl we examine where we might need to be techtlologically; we use interoperability with the United States as a benchmark. However, we mllst strike a balance that ensures we remain interoperable with bolll techniadly advanced allies and those not as technically advanced, but no less important, regional and coalition partners. Australia successfully led the UN effort in East Timor because it had the ability to flex its command and control systems, technology, tactics, techniques and procedures in both directions to accommodate coalition partners across a range of technological capabilities. We must continue to achieve this balance within a tight budget. This will challenge our ingenuity and, I suspect at times, our patience!'","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128647750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/9789047427049_002
Y. Dinstein
T are several cardinal principles lying at the root of the law of international armed conflict. Upon examination, none is more critical than the "principle of distinction. "I Undeniably, this overarching precept constitutes an integral part of modern customary intem ational 1aw.2 lt is also reflected in Article 48 of the 1977 Protocol I Additional to the Geneva Conventions ofl949. entitled "Bask rule," which provides that "the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives. "3 As is dear from the text, the pivotal bifurcation is between civilians and combatants (and, as a corollary, between military objectives and civilian objects). It is wrong to present the dichotomy, as the International Committee of the Red Cross (ICRC) sometimes does,4 in the form of civilians versus members of the armed forces. $ Apart from the fact that not every member of the anned forces is a combatant (medical and religious personnel are excluded),6 civilians who directly participate in hostilities lose their civilian status fo r such time as they are acting in this fashion although they are not members of any anned forces (see infra Section B) .
{"title":"Distinction and Loss of Civilian Protection in International Armed Conflicts","authors":"Y. Dinstein","doi":"10.1163/9789047427049_002","DOIUrl":"https://doi.org/10.1163/9789047427049_002","url":null,"abstract":"T are several cardinal principles lying at the root of the law of international armed conflict. Upon examination, none is more critical than the \"principle of distinction. \"I Undeniably, this overarching precept constitutes an integral part of modern customary intem ational 1aw.2 lt is also reflected in Article 48 of the 1977 Protocol I Additional to the Geneva Conventions ofl949. entitled \"Bask rule,\" which provides that \"the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives. \"3 As is dear from the text, the pivotal bifurcation is between civilians and combatants (and, as a corollary, between military objectives and civilian objects). It is wrong to present the dichotomy, as the International Committee of the Red Cross (ICRC) sometimes does,4 in the form of civilians versus members of the armed forces. $ Apart from the fact that not every member of the anned forces is a combatant (medical and religious personnel are excluded),6 civilians who directly participate in hostilities lose their civilian status fo r such time as they are acting in this fashion although they are not members of any anned forces (see infra Section B) .","PeriodicalId":395397,"journal":{"name":"Israel Yearbook on Human Rights, Volume 38 (2008)","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115198646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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