Civilian or Combatant?: A Challenge for the 21st Century - download pdf or read online

By Anicee Van Engeland

ISBN-10: 019974324X

ISBN-13: 9780199743247

In Civilian or Combatant?: A problem for the twenty first Century, Anic???e Van Engeland describes how the perform and evolution of battle have became foreign humanitarian legislations into an enigmatic legislation that's advanced to appreciate, interpret, and implement. Van Engeland identifies the demanding situations that advocates of foreign humanitarian legislation face, which diversity from genocide, asymmetrical battle, and terrorism to rape as a weapon. The occasions of 9-11 and the aftermath have positioned this department of foreign legislations, specifically, the excellence among civilians and warring parties, to the attempt. Van Engeland describes how a few analysts have either puzzled even if overseas legislations can adapt to those concerns and challenged foreign humanitarian legislations at the foundation that it can't meet modern-day battle realities. Van Engeland responds to those critics, reminding readers that foreign humanitarian legislations was once no longer drafted to rule on struggle, yet fairly to guard sufferers of struggle, particularly civilians. hence, Van Engeland demonstrates that this department of foreign legislations is in consistent evolution. via an intensive and illustrated research, Van Engeland explains how civilians and opponents are nonetheless distinguishable, in addition to how overseas humanitarian has been stretched to fulfill those demanding situations.

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Abdul Waheed Wafa & John F. Y. Times, Nov. 5, 2008. ”). 77 Jean-Marie Henckaerts & Louise Doswald-Beck, Customary International Humanitarian Law (Cambridge University Press 2005). 17 The Distinction between Combatants and Civilians the principle of proportionality:76 indiscriminate and disproportionate attacks against civilians are prohibited. Means and methods of warfare are restricted in order to spare civilians or avoid damages to civilian objects. This fundamental rule protects civilians from suffering from the effects of war and military operations.

A reason for abstaining from giving one was to avoid limiting the concept of civilians; the drafters of the Geneva Conventions and the Protocols also wished to avoid the risk of leaving behind exceptions or specific cases. Any strict definition might indeed exclude certain civilians or the people who fall in between categories. 6 According to the ICRC, International humanitarian law distinguishes two types of armed conflicts, namely: • international armed conflicts, opposing two or more States, and • non-international armed conflicts, between governmental forces and non governmental armed groups, or between such groups only.

Nijhoff 1993). 2 Human Rights Watch, Conduct on the War Ground, in Off Target: The Conduct of War and Civilian Casualties in Iraq (Washington DC: December 2003). 27 Civilian or Combatant? 28 I. THE PRINCIPLE OF DISTINCTION The distinction between civilians and combatants has become a cornerstone of international humanitarian law. It is also a principle in the 1949 Geneva Conventions, reaffirmed in the 1977 Additional Protocol. ” The distinction implies that the civilian population must be protected from attacks; it also means that methods or means of warfare are not unlimited.

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Civilian or Combatant?: A Challenge for the 21st Century (Terrorism and Global Justice) by Anicee Van Engeland


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