Customary International Humanitarian Law

Abstract

Koroma xviii Foreword by Yves Sandoz xx Acknowledgements xxv Introduction xxxi List of Abbreviations lviii Part I. THE PRINCIPLE OF DISTINCTION Chapter 1. Distinction between Civilians and Combatants 3 Rule 1. The Principle of Distinction between Civilians and Combatants 3 Rule 2. Violence Aimed at Spreading Terror among the Civilian Population 8 Rule 3. Definition of Combatants 11 Rule 4. Definition of Armed Forces 14 Rule 5. Definition of Civilians 17 Rule 6. Loss of Protection from Attack 19 Chapter 2. Distinction between Civilian Objects and Military Objectives 25 Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives 25 Rule 8. Definition of Military Objectives 29 Rule 9. Definition of Civilian Objects 32 Rule 10. Loss of Protection from Attack 34 Chapter 3. Indiscriminate Attacks 37 Rule 11. Indiscriminate Attacks 37 Rule 12. Definition of Indiscriminate Attacks 40 Rule 13. Area Bombardment 43 Chapter 4. Proportionality in Attack 46 Rule 14. Proportionality in Attack 46 Contents Chapter 5. Precautions in Attack Rule 15.

Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development

“…These rules however also apply to non-international armed conflicts and include the rules relating to the principle of distinction, specifically protected persons and objects, specific methods of warfare, weapons, and the treatment of civilians and persons hors de combat, inter alia (Henckaerts & Doswald-Beck, 2005). The rules relevant for the HRS discussed in sections 6.2, 6.4.1 and 6.4.4 reveal two main limitations of customs as a source of international humanitarian law: (a) custom is constantly evolving and therefore provides a weak basis for the uniform application of law in humanitarian situations, and (b) custom also includes the actual practise of belligerents which would otherwise be considered unacceptable (Sassòli, Bouvier & Quintin, 2011).…”

The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21stCentury

“…39 The accused revealed during interrogation that al Qaeda used the internet to launch computer attacks, 35 See Michael N. Schmitt, supra note 12, 75 (arguing that when a cyber-attack is carried out as part of an on-going armed conflict, IHL indisputably applies). 36 There will be more cyber terrorism. Groups will continue to benefit from the offthe-shelf technology in planning and conducting attacks, making operations more secure and potentially more lethal.…”

International Crimes before Dutch Courts: Recent Developments

“…49 This leaves us to conclude that the defence argument with regard to universal jurisdiction can also be dismissed as untenable from an international law perspective.…”