Hardback
International Humanitarian Law
Rules, Controversies, and Solutions to Problems Arising in Warfare
9781786438546 Edward Elgar Publishing
International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassòli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant.
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Critical Acclaim
Contents
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International humanitarian law (IHL) protects persons and property affected by armed conflicts. Focusing on the controversies that impact IHL in practice, this much-anticipated book from leading expert Marco Sassòli discusses when IHL applies, its substantive rules, how to ensure its respect and whether the traditional distinction between international and non-international armed conflicts remains relevant.
Sassòli draws on a depth of practical experience to provide invaluable insight and comprehensive guidance on the rules protecting certain categories of persons (for example, civilians, wounded, etc.) during conflict and the rules governing different types of conduct (for example, occupation, naval warfare, etc.). The book examines how these rules interact with other branches of international law, such as human rights and international criminal law, and how the rules are applied to non-State armed groups. Cross-cutting issues, including terrorism, autonomous weapons, cyber warfare, gender and cultural heritage, are also addressed, providing readers with a well-rounded view of IHL and associated concerns.
Structured in a clear and accessible way, this book will be the turn-to resource for scholars, lawyers, civil servants and other actors directly involved in the sphere of IHL. It will also be the essential text for forthcoming generations of students, giving them a solid understanding of both the rules relating to IHL and how they are implemented in practice.
Sassòli draws on a depth of practical experience to provide invaluable insight and comprehensive guidance on the rules protecting certain categories of persons (for example, civilians, wounded, etc.) during conflict and the rules governing different types of conduct (for example, occupation, naval warfare, etc.). The book examines how these rules interact with other branches of international law, such as human rights and international criminal law, and how the rules are applied to non-State armed groups. Cross-cutting issues, including terrorism, autonomous weapons, cyber warfare, gender and cultural heritage, are also addressed, providing readers with a well-rounded view of IHL and associated concerns.
Structured in a clear and accessible way, this book will be the turn-to resource for scholars, lawyers, civil servants and other actors directly involved in the sphere of IHL. It will also be the essential text for forthcoming generations of students, giving them a solid understanding of both the rules relating to IHL and how they are implemented in practice.
Critical Acclaim
‘This is the opus magnum of a mature and sophisticated researcher who recapitulates all his knowledge, years of teaching, numerous publications, struggles to answer difficult questions, attempts to prove the relevance of IHL, participation in discussions, and last but not least his extensive practice. . . the book confirms Sassoli’s position as an expert in the role of IHL, and specialists in other branches of international law should also take notice of this fascinating publication. The result is splendid. A giant, on whose arms other IHL researchers can grow, has spoken. It is well worthwhile to listen to him.’
– Patrycja Grzebyk, Polish Yearbook of International Law
‘By its completeness and accessibility to a wide range of audiences, this is certainly a book that will raise the bar for IHL manuals and scholar writing for the future years.’
– Juan Padin, Journal of Conflict and Security Law
‘Students, academics and practitioners need a text that is clear, even succinct, but also critical and with an eye on the many challenges facing IHL in the twenty-first century. Sassòli’s International Humanitarian Law is exactly that type of book. It really takes a master in his or her field to be able to produce a text that satisfies the duality of simplicity and complexity; and with this book Sassòli has done just that.’
– Gerhard Kemp, The South African Law Journal
‘International Humanitarian Law is an exceptional contribution to the growing crop of IHL texts, offered by a scholar and practitioner of unquestioned expertise. This book’s innovative structure makes it viable as a text for an IHL course, and equally valuable as a principal source for scholars in other fields of law and policy, and for practitioners. Whether one is interested in learning IHL from its roots up or focusing on specific topical issues and debates, this text is a comprehensive yet reader-friendly resource. This is indeed a book that should be on the shelf of every IHL scholar and practitioner.’
– Geoffrey S Corn, International Review of the Red Cross
‘Professor Sassòli has combined his first hand experience of the challenges facing the application of international humanitarian law with his scholarly understanding of international law. He sets out the details necessary for a complete understanding of humanitarian law but also highlights the contemporary controversies. One of the many qualities of this book is that the author always offers us his considered view on what are the best solutions to the dilemmas he highlights. This book is destined to become an authoritative point of reference for generations to come.’
– Andrew Clapham, Graduate Institute of International and Development Studies, Switzerland
‘This book should be read by anyone teaching international humanitarian law. Its use in class will enliven discussion and will assist students to develop a better understanding of how to think about, and use, IHL. Much of Professor Sassòli’s analysis of the controversies that exist in warfare will assist researchers to think more deeply about the interpretation and application of IHL.’
– Bruce Oswald, Melbourne Law School and Asia Pacific Centre for Military Law, Australia
‘There is literally no-one more qualified to write a textbook on international humanitarian law than Marco Sassòli. This book will inevitably become a leading resource in the field. 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 Nottingham, UK
‘Marco Sassoli has done it again. International Humanitarian Law is the long-needed companion text to his monumental effort, How Does the Law Protect in War? (with Bouvier and Quintin). A succinct and accessible treatment of the key principles and rules of IHL, it moves beyond doctrine to perceptively examine the dynamic of implementing IHL in law and practice. Sassòli also takes on the key issues around which contemporary IHL debates are circling. . . and does so with the clarity and precision that has long-marked his work. No IHL student, scholar or practitioner should be without it.’
– Michael Schmitt, University of Exeter, UK
– Patrycja Grzebyk, Polish Yearbook of International Law
‘By its completeness and accessibility to a wide range of audiences, this is certainly a book that will raise the bar for IHL manuals and scholar writing for the future years.’
– Juan Padin, Journal of Conflict and Security Law
‘Students, academics and practitioners need a text that is clear, even succinct, but also critical and with an eye on the many challenges facing IHL in the twenty-first century. Sassòli’s International Humanitarian Law is exactly that type of book. It really takes a master in his or her field to be able to produce a text that satisfies the duality of simplicity and complexity; and with this book Sassòli has done just that.’
– Gerhard Kemp, The South African Law Journal
‘International Humanitarian Law is an exceptional contribution to the growing crop of IHL texts, offered by a scholar and practitioner of unquestioned expertise. This book’s innovative structure makes it viable as a text for an IHL course, and equally valuable as a principal source for scholars in other fields of law and policy, and for practitioners. Whether one is interested in learning IHL from its roots up or focusing on specific topical issues and debates, this text is a comprehensive yet reader-friendly resource. This is indeed a book that should be on the shelf of every IHL scholar and practitioner.’
– Geoffrey S Corn, International Review of the Red Cross
‘Professor Sassòli has combined his first hand experience of the challenges facing the application of international humanitarian law with his scholarly understanding of international law. He sets out the details necessary for a complete understanding of humanitarian law but also highlights the contemporary controversies. One of the many qualities of this book is that the author always offers us his considered view on what are the best solutions to the dilemmas he highlights. This book is destined to become an authoritative point of reference for generations to come.’
– Andrew Clapham, Graduate Institute of International and Development Studies, Switzerland
‘This book should be read by anyone teaching international humanitarian law. Its use in class will enliven discussion and will assist students to develop a better understanding of how to think about, and use, IHL. Much of Professor Sassòli’s analysis of the controversies that exist in warfare will assist researchers to think more deeply about the interpretation and application of IHL.’
– Bruce Oswald, Melbourne Law School and Asia Pacific Centre for Military Law, Australia
‘There is literally no-one more qualified to write a textbook on international humanitarian law than Marco Sassòli. This book will inevitably become a leading resource in the field. 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 Nottingham, UK
‘Marco Sassoli has done it again. International Humanitarian Law is the long-needed companion text to his monumental effort, How Does the Law Protect in War? (with Bouvier and Quintin). A succinct and accessible treatment of the key principles and rules of IHL, it moves beyond doctrine to perceptively examine the dynamic of implementing IHL in law and practice. Sassòli also takes on the key issues around which contemporary IHL debates are circling. . . and does so with the clarity and precision that has long-marked his work. No IHL student, scholar or practitioner should be without it.’
– Michael Schmitt, University of Exeter, UK
Contents
Contents: 1. Introduction 2. History 3. A general overview of IHL based upon its major delimitations 4. The sources of IHL 5. Respect of the law 6. Scope of application: when does IHL apply? 7. International and non-international armed conflicts 8. The protective regimes 9. IHL and other branches of international law 10. Selected cross-cutting issues 11. Conclusion
