International Humanitarian Law

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International Humanitarian Law

Rules, Controversies, and Solutions to Problems Arising in Warfare, Second Edition

2nd edition

9781800886902 Edward Elgar Publishing
Marco Sassòli, Professor of International Law, University of Geneva, Switzerland
Publication Date: 2024 ISBN: 978 1 80088 690 2 Extent: 796 pp
In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts.

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In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts or civilians and combatants.

Drawing on the author’s practical experience to provide unique and invaluable insights, the second edition discusses the rules protecting certain categories of persons, including prisoners of war, as well as governing different types of conduct of hostilities and the difficulties in determining whether a destruction was unlawful. Significantly, the edition takes the armed conflict between Russia and Ukraine into account, discussing what remains of neutrality, defending the strict separation between the prohibition of aggression and the humanitarian rules to be respected by both sides, which must however be nuanced in the field of naval warfare. New sections explore IHL in relation to persons with disabilities, sieges and humanitarian corridors, the role of the media, IHL in outer space, and the concept of meaningful human control over lethal autonomous weapons systems.

Structured in a clear and accessible manner, this new edition is essential reading for all students and scholars of international humanitarian law, as well as those in human rights, and public international law. For military practitioners and NGO lawyers, as well as those working in intergovernmental organizations, this is simply a must-have resource.
Critical Acclaim
‘The return of an instant classic. As a leading expert in the field, Marco Sassòli maintains the fine and difficult balance between making IHL accessible to those that are unfamiliar with it, while offering a nuanced analysis which will satisfy its experts. A must read for everyone who is working on or is interested in IHL.’
– Vaios Koutroulis, Université Libre de Bruxelles, Belgium

‘This 2nd edition of Marco Sassoli’s masterwork, International Humanitarian Law, could not be timelier. Offering deeper coverage of key topics, he has updated his always-insightful analysis by reference to the Russia-Ukraine war. Eminently qualified to examine its influence on our understanding of IHL, Marco has produced yet another indispensable tool for scholars and practitioners alike.’
– Michael N. Schmitt, United States Military Academy at West Point

‘Almost immediately, the first edition of Professor Sassòli’s International Humanitarian Law became an indispensable classic. With this second edition, he not only updates and refines its superb coverage. He cements its place as a sophisticated yet accessible resource for humanitarians, scholars, jurists and armed forces everywhere.’
– Sean Watts, United States Military Academy at West Point

‘There is literally no-one more qualified to write a textbook on international humanitarian law than Marco Sassòli. In its first edition this book already became a leading resource in the field, and the second edition will be no different. It does not aim to comprehensively cover all of IHL, but focuses on issues and controversies of greatest contemporary relevance, with a remarkable degree of rigour, precision, and clarity.’
– Marko Milanovic, University of Reading, UK

‘This second edition benefits from Professor Sassòli''s unrivaled insights into the legal issues that have already arisen in the context of the conflict between Russia and Ukraine. This means one is not only exposed to the controversies, but also treated to his evaluation of the significance of the reactions of states to tricky issues of blockade, neutrality, and arms transfers. We get a sense of where the law is heading from one of its keenest observers. In addition there are new sections on investment law and the rules that should apply in outer space. The extensive multilingual references allow the reader to remain on top of contemporary developments, while guiding one through the intricacies of just about every aspect of international humanitarian law. This is a must have for anyone thinking about or practising international humanitarian law.’
– Andrew Clapham, Geneva Graduate Institute, Switzerland
Contents
Contents:

1 An introduction to international humanitarian law 1
2 History of international humanitarian law 5
3 A general overview of IHL based upon its major delimitations 16
4 The sources of IHL 35
5 Respect of the law 73
6 Scope of application: when does IHL apply? 186
7 International and non‑international armed conflicts 227
8 The protective regimes 255
9 IHL and other branches of international law 458
10 Selected cross-cutting issues 528
11 Conclusion and the future of international humanitarian law 704
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