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Bezig met laden... The Law of Wardoor Ingrid Detter
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The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. Ingrid Detter reviews the status of non-State actors, as individuals and groups become more prominent in international society. Covering post 9/11 events and the resulting changes in the ethos of war, the author analyses the role of military companies and examines what their legitimacy means for international society. The edition also discusses certain 'intrinsic' rules in the Law of War, such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights. The author questions the right of 'illegal' combatants to be treated as prisoners of war and suggests that a minimum standard must be afforded to all, whether captured dictators or detainees suspected of terrorism. In the modern world, the individual (the soldier, the civilian, the dictator, the terrorist or the pirate) can no longer behave as they wish. Further new topics include 'target killings', the 'right to protect' ('R2P', - claimed to be a new form of intervention), the use of unregulated weapons such as drones and robots, the war scenario in Outer Space and cyber crimes. There is also a discussion of new developments in the field of war crimes including severe criticism of the novel concept 'joint criminal enterprise' (JCE), which, in the opinion of the author, undermines the Rule of Law. This updated and expanded edition will be of use to statesmen, scholars and students of international relations and international law. Geen bibliotheekbeschrijvingen gevonden. |
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Google Books — Bezig met laden... GenresDewey Decimale Classificatie (DDC)341.6Social sciences Law Law of nations Law of Armed ConflictLC-classificatieWaarderingGemiddelde:
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Although she resists using the phrase, Detter expends quite a bit of effort discussing the extent to which the law of war has become jus cogens and, therefore, binding on all non-signatories. She also discusses whether non-state actors can be subjects of the law of war, and, if so, under what circumstances that is so.
Since this edition was published in 2000, there are of course some important aspects of the law of war that became important during the course of the 2000s that Detter does not address in much detail, namely, the law on preventive war and the concept of the responsibility to protect and what that concept means for the legality of humanitarian-inspired intervention (Detter does discuss the interventions that occurred in Bosnia and Kosovo during the 1990s, but not specifically with an intent to discuss the responsibility to protect).
The Law of War is a good place to start for those looking to become versed in the law of war, but it will by no means give one a complete picture of what that law is. ( )