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Full-Text Articles in International Humanitarian Law

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran Apr 2016

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran

International Law Studies

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …


Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts Aug 2015

Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts

International Law Studies

The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …


Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis Jul 2015

Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis

International Law Studies

The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.


The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti Jul 2015

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti

International Law Studies

China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.


1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines Oct 2014

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …


The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin Oct 2014

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …


Legal Considerations In Relation To Maritime Operations Against Iraq, Neil Brown Dec 2010

Legal Considerations In Relation To Maritime Operations Against Iraq, Neil Brown

International Law Studies

No abstract provided.


Full Volume 86: The War In Iraq: A Legal Analysis (2010) Dec 2010

Full Volume 86: The War In Iraq: A Legal Analysis (2010)

International Law Studies

No abstract provided.


Future Navies - Present Issues, Jane G. Dalton Dec 2006

Future Navies - Present Issues, Jane G. Dalton

International Law Studies

No abstract provided.


The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg Dec 2006

The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force Dec 2006

Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force

International Law Studies

No abstract provided.


Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen Oct 2006

Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen

International Law Studies

No abstract provided.


The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye Oct 2006

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

International Law Studies

No abstract provided.


Comparative Approaches To Security And Maritime Border Control, Dale Stephens Oct 2006

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

International Law Studies

No abstract provided.


Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism Oct 2006

Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

International Law Studies

No abstract provided.


The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg Oct 2006

The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg May 2006

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


Full Volume 80: Issues In International Law And Military Operations May 2006

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.


The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood Aug 2002

The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood

International Law Studies

No abstract provided.


Computer Networks, Proportionality, And Military Operations, James H. Doyle Jr. Jun 2002

Computer Networks, Proportionality, And Military Operations, James H. Doyle Jr.

International Law Studies

No abstract provided.


Naval Blockade, Wolff Heintschel Von Heinegg Aug 2000

Naval Blockade, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks Aug 2000

Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks

International Law Studies

No abstract provided.


Chapter Vii (General Conclusions And Appraisal: Policy And Law) Jun 2000

Chapter Vii (General Conclusions And Appraisal: Policy And Law)

International Law Studies

No abstract provided.


Chapter Vi (The Tanker War And The Maritime Environment) Jun 2000

Chapter Vi (The Tanker War And The Maritime Environment)

International Law Studies

No abstract provided.


Full Volume 74: The Tanker War, 1980-88: Law And Policy Jun 2000

Full Volume 74: The Tanker War, 1980-88: Law And Policy

International Law Studies

No abstract provided.


Chapter Ix: Conventional Weapons And Weapons Systems Jun 1999

Chapter Ix: Conventional Weapons And Weapons Systems

International Law Studies

No abstract provided.


Chapter Viii: The Law Of Targeting Jun 1999

Chapter Viii: The Law Of Targeting

International Law Studies

No abstract provided.


Chapter Vi: Adherence And Enforcement Jun 1999

Chapter Vi: Adherence And Enforcement

International Law Studies

No abstract provided.


Full Volume 73: The Commander's Handbook On The Law Of Naval Operations Jun 1999

Full Volume 73: The Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.


Chapter V: Principles And Sources Of The Law Of Armed Conflict Jun 1999

Chapter V: Principles And Sources Of The Law Of Armed Conflict

International Law Studies

No abstract provided.