The Conduct of Hostilities under the Law of International Armed Conflict

Abstract

A companion volume to the author's seminal textbook War, Aggression and Self-Defence, Third Edition, Cambridge (2001), this book focuses on issues arising in the course of hostilities between States, with an emphasis on the most recent conflicts in Iraq and Afghanistan. The main themes considered by Yoram Dinstein are lawful and unlawful combatants, war crimes, including command responsibility and defences, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. Numerous specific topics that have attracted much interest in recent hostilities are addressed, such as human shields, feigned surrenders, collateral damage and proportionality, belligerent reprisals and weapons of mass destruction.

War is Governance: Explaining the Logic of the Laws of War from a Principal-Agent Perspective

“…The doctrine of reprisal states that when one party to a conflict violates an IHL norm, the other party is allowed to respond in kind, subject to certain conditions. 208 In recent decades, the doctrine has fallen out of favor, and most commentators consider its use to be allowed only under very narrow circumstances. 209 Reprisals are usually described as an embodiment of the reciprocal nature of IHL, and their demise is attributed to the rise of morality in IHL.…”

Contemporary views on the lawfulness of naval blockades

“…If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading 42 Like Dinstein (see Dinstein 2004). party must provide for free passage of such foodstuffs and other essential supplies, subject to: (a) the right to prescribe the technical arrangements, including search, under which such passage is permitted; and (b) the condition that the distribution of such supplies shall be made under the local supervision of a Protecting Power or a humanitarian organization which offers guarantees of impartiality, such as the International Committee of the Red Cross.…”

Perceptions and Misconceptions: How are International and UK Law Perceived to Affect Military Commanders and Their Subordinates on Operations?

“…There were areas of concern, such as the wording used in certain elements of the legislation, which relate to command responsibility, 28 however overall there has been little deviation from the conventions which have been in place since 1949 and the protocols which followed. 29 There is no evidence to suggest that signing up to the Rome Statute has altered the law in any way, let alone to such an extent that it damages fighting power or reduces operational effectiveness, which is the assertion of many commentators. While incorporating the legislation into UK law was a constitutional change, it did not result in a significant legal change.…”