By Jeroen C. van den Boogaard (auth.), Mariëlle Matthee, Brigit Toebes, Marcel Brus (eds.)
This e-book is written in reminiscence of Avril McDonald, who gave up the ghost in April 2010. Avril was once an encouraged and passionate student within the fields of overseas humanitarian legislations, overseas felony legislations, human rights legislations and legislations within the box of fingers keep an eye on and disarmament. What particularly made Avril’s paintings precise, was once her robust dedication with the human features all through. Fourteen students and practitioners have contributed to this liber amicorum, which has resulted in a wealthy number of issues in the disciplines of Avril’s services. all of them have in universal that they care for the human views of the self-discipline of legislations to hand. They be aware of the effect of the advancements in overseas legislation on people, whether or not they are civilians, sufferers of conflict or infantrymen. This human point of view of legislation makes this e-book a suitable tribute to Avril McDonald and whilst a special and precious contribution to foreign criminal learn within the current society. A society that turns into a growing number of characterised by way of distinct felony structures, outlined via associations that could often lack adequate touch with the folks concerned.
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Extra resources for Armed Conflict and International Law: In Search of the Human Face: Liber Amicorum in Memory of Avril McDonald
The notions behind the specific rules that lack applicability for various reasons are always there and the principles of international humanitarian law always apply. They guide and bind armed members of the parties to the conflict and peacekeepers alike. These principles are the safety net that provide a basic level of protection and rules of behaviour. For its practical application it does not make a difference whether a certain rule is part of treaty law, has been established as a customary rule or is a recognised principle of international humanitarian law.
1 Fighting by the Principles 11 With regard to the applicability clauses, reference must be made to Common Articles 2 and 3 of the Geneva Conventions, and Article 1 of both Additional Protocols I and II. Some armed conflicts have a very international character, but do not take place between two states. The conditions of Common Article 2 of the Geneva Conventions and Article 1 of Additional Protocol I cannot be said to be fulfilled, for example, in the type of conflict between a state and a non-state armed group, or a ‘terrorist’ armed group, on the territory of different states.
Some states apply the rules of international humanitarian law as a matter of policy to all their military operations. The textbook example is the Department of Defense of the United States. 92 A problem arises, however, if the policy changes. 93 It is submitted here that the invocation (through a policy decision) of the application of the principles of international humanitarian law is unnecessary, because the principles already apply as a matter of law. 94 88 For a discussion on the hierarchy of sources of international law, see Shaw 2008, pp.