By Jeroen C. van den Boogaard (auth.), Mariëlle Matthee, Brigit Toebes, Marcel Brus (eds.)
This booklet is written in reminiscence of Avril McDonald, who passed on to the great beyond in April 2010. Avril used to be an encouraged and passionate pupil within the fields of overseas humanitarian legislation, overseas felony legislation, human rights legislation and legislation within the box of hands keep an eye on and disarmament. What specifically made Avril’s paintings unique, used to be her powerful dedication with the human features all through. Fourteen students and practitioners have contributed to this liber amicorum, which has resulted in a wealthy number of issues in the disciplines of Avril’s services. all of them have in universal that they care for the human views of the self-discipline of legislation handy. They pay attention to the effect of the advancements in foreign legislations on people, whether or not they are civilians, sufferers of warfare or infantrymen. This human point of view of legislation makes this ebook a suitable tribute to Avril McDonald and while a special and helpful contribution to overseas felony study within the current society. A society that turns into an increasing number of characterised through designated criminal structures, outlined by means of associations which can often lack adequate touch with the folk concerned.
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Extra resources for Armed Conflict and International Law: In Search of the Human Face: Liber Amicorum in Memory of Avril McDonald
Therefore, there would simultaneously be a classic international armed conflict between the two states. 12 J. C. 42 There are, however, very little treaty rules for non-international armed conflicts, when compared to the rules for international armed conflicts. 43 Therefore, the division in international humanitarian law between rules for international armed conflicts and for non-international armed conflicts leads to problems. The only fact that one of the parties to those conflicts is not a state but a non-state actor would in a strict sense render the treaty rules of the Geneva Conventions and Additional Protocol I with regard to international armed conflicts inapplicable.
Such as Article 36 API, supra note 28, mentioned above and the implementation provisions regarding the dissemination of international humanitarian law and the availability of (military) legal advice, see for example Articles 82 and 83 API, supra note 28. ’’ Dahl posed this statement during the Conference of the International Society for Military Law and the Laws of War in Tunis, 2010; For the proceedings, see the Military Law and the Law of War Review 2009, vol. 48, no. 4, pp. 473–498. 91 Garraway 2010a, p.
This authority should be kept separate from the protective and restrictive rules and principles of international humanitarian law that apply as a matter of law because the UN troops use armed force. If they engage in the use of armed force, even if the operation is conducted in accordance with and in the fulfilment of their mandate, the application of international humanitarian law is invoked. If treaty rules are applicable, they must be applied. If, in their absence, customary rules can be identified, the latter must be applied.