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Law on the Battlefield - 2nd Edition (Hardcover)

 
Price:
Was: $90.00
Now: $36.00
ISBN: 978-1-929446-57-5
Author: Major General A. P. V. Rogers
Page Count: 275
Published: July 2004
Media Desc: 1 Hardcover Volume. Index.
Qty:
 
 
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Description

This is a critical study of the key provisions of the law relating to the conduct of combat in armed conflicts on land, illustrated by reference to problems that have arisen during recent conflicts. The approach adopted is to take a proposition of the law of war, examine its historical origins and current exposition, deal with problems of interpretation and application, especially in light of recent conflicts, and reach conclusions about how it should be applied in practice.

Table of Contents

    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

Author Detail

About the Author:
Major General A. P. V. Rogers (Retired) is Yorke Distinguished Visiting Fellow, Faculty of Law, University of Cambridge.  He is a Fellow of the Lauterpacht Research Centre for International Law, University of Cambridge, Fellow of the Human Rights Centre, University of Essex, and Vice President of the International Fact-Finding Commission established pursuant to Article 90 of Protocol I of 1977 to the Geneva Conventions of 1949. He is the Former Director of Legal Services of the British Army and is General Editor of the UK Armed Forces Manual of the Law of Armed Conflict and Honorary President, International Society for Military Law and the Law of War.

Reviews

Praise for Law on the Battlefield

 "This book makes a most useful contribution to the understanding of the law of war. It takes key provisions of the 1977 Geneva Protocol I and explains their context, their negotiating history as well as their meaning and relevance today. I commend it not only to military lawyers but also to those who plan and conduct operations of peacekeeping and war. The book will also appeal to those who would like to resolve in their own minds the apparent incompatibility between law and war."
 - General Sir Michael Rose, Former Commander of the UN Protection Force in Bosnia. General Sir
Michael Rose KCB CBE DSO QGM, following service with the SAS in Malaya and Oman, commanded the 22nd SAS Regiment (1979-82) during which time it was involved in the London Iranian Embassy siege and the Falklands War. From January 1994 to January 1995 he assumed command of the UN Protection Force in Bosnia after which he became Adjutant General and a member of the Army Board.
 

"Critical observers, whether among the military, media or in academe, are in need of expert exposition of the intricacies of battlefield law as it has evolved over time. For these reason this book is to be warmly welcomed."
- Frits Kalshoven, Professor Emeritus of Public International Law and International Humanitarian Law, University of Leiden. He took part in the conferences that drafted the 1977 Additional Protocols andthe 1981 Conventional Weapons Convention, and acted as first chairman of the UN Commission ofexperts on war crimes in the former Yugoslavia (1992-1993).

"Law on the Battlefield proves an important addition to the understanding and dissemination of the law of armed conflict. It is well-written and well-documented, covers the ground it intended to in a comprehensive fashion, is replete with relevant examples from actual operations of the principles discussed, and evidences a keen grasp by the author of the practicalities involved when combat confronts law. General Rogers is to be complimented, and thanked, for narrowing the gap between practitioner and commentator. There is little doubt that Law on the Battlefield should be included in the library of anyone-academic, judge advocate, or operator-concerned with the conduct of armed conflict."
- Professor Michael N. Schmitt is the Director of the Program in Advanced Security Studies and Professor of International Law in the College of International and Security Studies, George C. Marshall European Center for Security Studies, Garmisch-Partenkirchen, Germany.

"Law on the Battlefield may prove most useful for the army legal adviser, but those in the legal services
 of both the air force and the navy will find sufficient material to help them in their duties as advisers. They will often be able, without undue effort, to adapt them to their own specific problems. "

- Leslie C. Green, Former Charles H. Stockton Chair of International Law, Naval War College

 "A.P.V. Rogers' Law on the Battlefield is an extremely welcome event...It is a sophisticated and useful work on a difficult area of law...Its structure is logical, and its arguments are consistent and sensible.  This new edition will retain, if not improve upon, the considerable reputation enjoyed by its predecessor, it also reflects well upon its author and deserves high praise."
- Journal of Conflict & Security Law