ISBN:
9789067049184
Language:
English
Pages:
Online-Ressource (XXIV, 378 p. 1 illus, digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Druckausg. Armed conflict and international law
Keywords:
Law
;
Law
;
Aufsatzsammlung
;
Festschrift
;
Bewaffneter Konflikt
;
Internationales Recht
;
Bewaffneter Konflikt
;
Humanitäres Völkerrecht
Abstract:
This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril's work special, was her strong commitment with the human aspects throughout.Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril's expertise. They all have in common that they deal with the human pe
Description / Table of Contents:
Foreword; Contents; Abbreviations; A Lit Beacon in the Dark; Published Academic Work of Avril McDonald; Part IIn Search of Humanitarian Principles; 1 Fighting by the Principles: Principles as a Source of International Humanitarian Law; Abstract; 1.1…Introduction; 1.2…Principles in General Public International Law; 1.3…Gaps Left by the Treaties on International Humanitarian Law; 1.4…Gaps Left by Customary International Humanitarian Law; 1.5…The Role of the Martens Clause; 1.6…Principles of International Humanitarian Law Complementing Treaty and Custom; 1.7…Other Functions; 1.8…Conclusion
Description / Table of Contents:
ReferencesOnline Documents; Literature; 2 Chivalry: A Principle of the Law of Armed Conflict?; Abstract; 2.1…Introduction; 2.2…The Relationship of Chivalry to Warfare and its Role in the Development of the Law of Armed Conflict; 2.2.1 Some Examples of Chivalry in the Practice of Warfare; 2.3…Chivalry and Honourable Conduct as Part of the Law of War; 2.3.1 Chivalry as a Guiding Principle; 2.4…Chivalry's Relevance and Limits in Warfare; 2.5…Conclusions; References; Official Documents; Literature; 3 Military Robots and the Principle of Humanity: Distorting the Human Face of the Law?; Abstract
Description / Table of Contents:
3.1…Introduction: Preliminary Remarks3.2…Robots in War; 3.2.1 Degrees of Autonomy: From Modern Slaves to (Artificially) Intelligent Machines; 3.2.2 Shape, Size and Function; 3.3…The Human Side of It: The Relationship Between Morality, Law and War and the Development of the Notion of 'Humanity'; 3.3.1 Morality and Law; 3.3.2 The Development of International Humanitarian Law and the (Legal) Notion of the Principle of Humanity; 3.4…Mingling Robotic and Human Soldiers: The Robot--Human Interface; 3.5…Challenges of Teaching International Humanitarian Law to Machines
Description / Table of Contents:
3.6…On the Ground: Human Soldiers, the Principle of Humanity and the Realities of War3.7…Twenty-First Century Warfare: Strategic (and Other) Implications of Sending Robots to War; 3.8…Conclusion; References; Online Documents; Literature; 4 Some Reflections on Self-defence as an Element in Rules of Engagement; Abstract; 4.1…Introduction; 4.2…Rules of Engagement; 4.3…Self-defence as a Key Element in Rules of Engagement; 4.4…Self-defence and Rules of Engagement in Dutch Law; 4.5…Conclusion; References; Documents; Literature; 5 The Current Relevance of the Recognition of Belligerency; Abstract
Description / Table of Contents:
5.1…Introduction5.2…Rebellion, Insurgency, and Belligerency; 5.2.1 Rebellion; 5.2.2 Insurgency; 5.2.3 Belligerency; 5.2.3.1 Factual/Objective Criteria; 5.2.3.2 Political/Subjective Criteria; 5.3…The Current Relevancy of the Recognition of Belligerency; 5.3.1 Recognition of Belligerency and Common Article 3; 5.3.2 Recognition of Belligerency and Additional Protocol II; 5.3.3 Additional Protocol I Article 1(4); 5.4…The Recognition of Belligerency Today; 5.4.1 Conflict Characterization and Rules Triggered; 5.4.2 Objective Elements; 5.4.3 Subjective Element: Recognition; 5.5…Conclusion
Description / Table of Contents:
References
Note:
Description based upon print version of record
DOI:
10.1007/978-90-6704-918-4
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