International law and armed conflict : exploring the faultlines : essays in honour of Yoram Dinstein

International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently.Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - ''War, Aggression, and Self-Defence'' and ''The Conduct of Hostilities Under the Law of International Armed Conflict'', the book addresses both jus ad bellum and jus in bello topics. A revival of the just war theory? / Ivan Shearer Rethinking collective security / Thomas Franck Topographies of force / Dino Kritsiotis Claims to pre-emptive uses of force : some trends and projections and their implications for world order / W. Michael Reisman and Andrea Armstrong The temporal dimension of self-defense : anticipation, pre-emption, prevention and immediacy / Terry D. Gill Responding to transnational terrorism under the jus ad bellum : a normative framework / Michael N. Schmitt Is US adherence to the rule of law in international affairs feasible? / John F. Murphy The military action in Iraq and international law / Ruth Wedgwood. Ius ad bellum and ius in bello-the separation between the legality of the use of force and humanitarian rules to be respected in warfare : crucial or outdated? / Marco Sassoli 21st century conflict and international humanitarian law : status quo or change? / Kenneth Watkin The law of weaponry-is it adequate? / Bill Boothby "Combatants"-substance or semantics? / Charles H.B. Garraway "Unlawful/enemy combatants" : interpretations and consequences / Jelena Pejic Ghosts in the machine : some legal issues concerning US military contractors in Iraq / Avril McDonald Leaders, courtiers and command responsibility in Shakespeare / Theodor Meron Civilian detentions in Iraq / Andru E. Wall Transformative military occupation : applying the laws of war and human rights / Adam Roberts The adequacy of international humanitarian law rules on belligerent occupation : to what extent may Security Council Resolution 1483 be considered a model for adjustment? / Rüdiger Wolfrum The separation fence in the International Court of Justice and the High Court of Justice : commonalities, differences and specifics / Fania Domb "Benevolent" third states in international armed conflicts : the myth of the irrelevance of the law of neutrality / Wolff Heintschel von Heinegg.

international Law And Armed Conflict Exist In A Symbiotic Relationship. In Some Cases, Law Shapes Conflict Proactively By Imposing Normative Limits In Advance Of The Appearance Of Proscribed Conduct. Much More Commonly, Armed Conflict Either Reveals Lacunae In The Law Or Demonstrates How Law Designed For Yesterday’s Wars Falls Short When Applied To Contemporary Conflict. When That Happens, International Law Reacts By Allowing Provisions To Fall Into Desuetude, Embracing New Interpretations Of Existing Prescriptions, Or Generating New Norms Through Practice Or Codification.
in The 21st Century, Both International Security And Armed Conflict Are The Subject Of Arguably Unprecedented Sea Changes. As A Result, Claims That Both The Jus Ad Bellum And jus In Bello Are Unwieldy And Ill-fitting In The Context Of Modern Hostilities Have Surfaced Prominently. Whether One Agrees With Such Dire Assessments, What Has Become Clear Is That Armed Conflict Is Increasingly Exposing Faultlines In The Law Governing The Resort To Force.
the Intent Of This Collection Of Essays In Honour Of Professor Yoram Dinstein On The Occasion Of His 70th Birthday Is To Explore Such Faultlines, First By Identifying Them And Then By Assessing Their Consequences. In A Sense, Then, The Essays, Contributed By The Top Minds In The Field, Will Serve To Assist Academics And Practitioners To Anticipate Pressure On The Law Governing Armed Conflict And, To The Extent Possible, React Accordingly. Paralleling Professor Dinstein’s Classic Works – war, Aggression, And Self-defence And The Conduct Of Hostilities Under The Law Of International Armed Conflict − The Book Addresses Both ius Ad Bellum And ius In Bello Topics.

International Law And Armed Conflict Exist In A Symbiotic Relationship. In Some Cases, Law Shapes Conflict Proactively By Imposing Normative Limits In Advance Of The Appearance Of Proscribed Conduct. Much More Commonly, Armed Conflict Either Reveals Lacunae In The Law Or Demonstrates How Law Designed For Yesterday’s Wars Falls Short When Applied To Contemporary Conflict. When That Happens, International Law Reacts By Allowing Provisions To Fall Into Desuetude, Embracing New Interpretations Of Existing Prescriptions, Or Generating New Norms Through Practice Or Codification. In The 21st Century, Both International Security And Armed Conflict Are The Subject Of Arguably Unprecedented Sea Changes. As A Result, Claims That Both The Jus Ad Bellum And Jus In Bello Are Unwieldy And Ill-fitting In The Context Of Modern Hostilities Have Surfaced Prominently. Whether One Agrees With Such Dire Assessments, What Has Become Clear Is That Armed Conflict Is Increasingly Exposing Faultlines In The Law Governing The Resort To Force. The Intent Of This Collection Of Essays In Honour Of Professor Yoram Dinstein On The Occasion Of His 70th Birthday Is To Explore Such Faultlines, First By Identifying Them And Then By Assessing Their Consequences. In A Sense, Then, The Essays, Contributed By The Top Minds In The Field, Will Serve To Assist Academics And Practitioners To Anticipate Pressure On The Law Governing Armed Conflict And, To The Extent Possible, React Accordingly. Paralleling Professor Dinstein’s Classic Works – War, Aggression, And Self-defence And The Conduct Of Hostilities Under The Law Of International Armed Conflict ? The Book Addresses Both Ius Ad Bellum And Ius In Bello Topics. International law, by and large, is intended to sustain peace, yet if the past century or two taught us nothing else, it is that the law and war are locked in a symbiotic relationship. Laws have unforeseen loopholes, and wars change laws seemingly at will. This collection, which honors Professor Dinstein for his excellent scholarship and mentorship, describes that symbiotic relationship and ways to dismantle such a rigid and yet fragile interdependence. Topics include the just war theory, collective security, claims to preemptive use of force, transnational terrorism, military actions in Iraq and international war, civilian detentions, command politics, and the possibility the US will not adhere to the rule of law in international affairs