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International Law and the Classification of Conflicts
Author(s): Elizabeth Wilmshurst
- Publisher: OUP Oxford
- Publication Date: 2 Aug. 2012
- Language: English
- Print length: 568 pages
- ISBN-10: 0199657750
- ISBN-13: 9780199657759
Book Description
Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Editorial Reviews
Review
This volume is a worth-while addition to the literature on classification of conflicts in IHL. It brings together some of the most eminent international scholars in IHL who offer their views on classification and on several relevant controversial questions. The analysis and debate generated offer the reader a comprehensive overview of-and plenty of food for thought on-the problems relating to classification… In short, this is a book definitely worth reading by anyone interested in classification of conflicts. ―
Vaios Koutroulis, Journal of International Humanitarian Legal StudiesHer book is a welcome and valuable addition to the literature on the law of armed conflict. Thanks to the inclusion of the case studies, the book has managed to move away from a purely accademic monograph to become an exceptionally useful tool to assist nations and their operational lawyers when making classification decisions. It therefore deserves the attention of students, accademics and practitioners alike. ―
Vincent Roobaert. Nato Legal GazetteThe on-the-ground approach demonstrated in this work has the very real merit of taking international lawyers, or more accurately international humanitarian lawyers, somewhat out of their comfort zone … besides providing clarity for the expert on the vexed issue of classification of conflicts it will also be a resource for the more general reader with an interest in international humanitarian law and how it works in practice. ―
Judith Gardam, British Yearbook of International LawIndividual case studies are of invariably high qualityand yield myriad points of analytical interest. … the case studies are well selected and thoroughly discussed. ―
Ioannis Kalpouzos, Leiden Journal of International Law
