Non-combatant Immunity as a Norma of International Humanitarian LawDespite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants. |
Contents
viii | 5 |
CHAPTER | 10 |
IMMUNITY IN THE UNITED NATIONS | 28 |
5 | 38 |
CHAPTER 4 | 46 |
1 | 83 |
FURTHER ASPECTS OF PROTOCOL I WHICH AFFECT | 100 |
THE CODIFICATION OF NONCOMBATANT IMMUNITY | 109 |
THE CONVENTIONAL REGULATION OF NON | 124 |
INTERNATIONAL ARMED CONFLICTS | 132 |
4 | 157 |
NONCOMBATANT IMMUNITY AS A CUSTOMARY NORM | 163 |
Other editions - View all
Non-Combatant Immunity as a Norm of International Humanitarian Law Judith Gail Gardam Limited preview - 2023 |
Non-Combatant Immunity As a Norm of International Humanitarian Law Judith Gardam No preview available - 1993 |
Common terms and phrases
Abi-Saab aggression argued armed forces Article 2(4 Article 51 belligerents Brownlie Cassese Charter system civilian population colonial combatants common Article concept customary international law customary law customary norms customary rules Declaration on Friendly Development of International Diplomatic Conference distinction example exercising their right Friendly Relations Geneva Conventions Grotius guerilla warfare Hague Hays Parks Human Rights ibid international armed conflict international community International Humanitarian Law intervention ius ad bellum ius in bello J.Int J.Int.L Lauterpacht law of armed Law of War Lieber Code Martinus Nijhoff means and methods methods of warfare military objectives Moreover National Liberation Nicaragua non-combatant immunity non-international armed conflicts paragraph parties Pictet political practice principle of non-combatant prisoners of war prohibition Protocol II Red Cross regulation reprisals resort to force right to self-determination self-defence Sixth Committee status struggles targets territories theory Third Geneva Convention treaty United Nations Charter Wars of National wars of self-determination