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E-grāmata: A History of the Laws of War: Volume 2 [Hart e-books]

(University of Waikato, New Zealand)
  • Formāts: 324 pages
  • Izdošanas datums: 07-Oct-2011
  • Izdevniecība: Hart Publishing
  • ISBN-13: 9781847318404
  • Hart e-books
  • Cena: 72,23 €*
  • * this price gives unlimited concurrent access for unlimited time
  • Formāts: 324 pages
  • Izdošanas datums: 07-Oct-2011
  • Izdevniecība: Hart Publishing
  • ISBN-13: 9781847318404
This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives; Volume 2 on civilians; and Volume 3 on the law of arms control.

This second book on civilians examines four different topics. The first topic deals with the targetting of civilians in times of war. This discussion is one which has been largely governed by the developments of technologies which have allowed projectiles to be discharged over ever greater areas, and attempts to prevent their indiscriminate utilisation have struggled to keep pace. The second topic concerns the destruction of the natural environment, with particular regard to the utilisation of starvation as a method of warfare, and unlike the first topic, this one has rarely changed over thousands of years, although contemporary practices are beginning to represent a clear break from tradition. The third topic is concerned with the long-standing problems of civilians under the occupation of opposing military forces, where the practices of genocide, collective punishments and/or reprisals, and rape have occurred. The final topic in this volume is about the theft or destruction of the property of the enemy, in terms of either pillage or the intentional devastation of the cultural property of the opposition.

As a work of reference this set of three books is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself.
Treaties and Sources ix
Introduction 1(8)
I Targets
9(43)
1 Projectiles, Fire and Defended Areas
9(8)
2 International Law on Projectiles Prior to the First World War
17(3)
3 Between the Wars
20(4)
4 The Second World War
24(12)
5 The Nuremberg Trials and the 1949 Geneva Conventions
36(1)
6 Between 1949 and 1977
37(2)
7 The 1977 Additional Protocol 1 to the Geneva Conventions
39(3)
8 From 1980 to the New Century
42(10)
II Starvation
52(51)
1 The Beginnings of Siege, Blockade and Scorched Earth
52(13)
2 From the Enlightenment to the Twentieth Century
65(7)
3 The First World War
72(3)
4 The Second World War
75(6)
5 After 1945
81(4)
6 Two New Conventions and the Additional Protocols
85(5)
7 Scorched Earth Between 1980 and the Twenty-first Century
90(6)
8 Starvation in War Between 1980 and the Twenty-first Century
96(7)
III Occupation
103(108)
1 The First Literate Civilisations
103(5)
2 Ancient Israel
108(2)
3 The Greeks
110(4)
4 The Romans
114(8)
5 The Middle Ages
122(12)
6 Forward from the Renaissance
134(7)
7 The Enlightenment
141(9)
8 International Humanitarian Law Emerges
150(2)
9 Two Bad Decades
152(3)
10 The First World War
155(2)
11 The Armenian Genocide
157(3)
12 Between the Wars
160(5)
13 The Second World War
165(12)
A Rape
165(2)
B Reprisals
167(4)
C Killing Civilians in the East
171(1)
D The Holocaust in the West
172(2)
(i) The Camps
174(2)
(ii) The Question of the Red Cross
176(1)
14 Examining the Killing of Civilians at Nuremberg
177(5)
15 The 1948 Convention on the Prevention and Punishment of the Crime of Genocide
182(1)
16 The 1949 Convention (IV) Relative to the Protection of Civilian Persons in Time of War
183(4)
17 Between 1949 and 1977
187(8)
18 The 1977 Additional Protocols and the 1979 Hostage Convention
195(3)
19 Between Pol Pot and Saddam Hussein
198(3)
20 The Wars of the 1990s
201(7)
A The Former Yugoslavia
203(3)
B Rwanda
206(1)
C Sierra Leone and Liberia
206(2)
21 The International Criminal Court and its Aftermath
208(3)
IV Property
211(74)
1 Beginnings
211(6)
2 The Greeks and the Romans
217(7)
3 The Dark Ages
224(5)
4 The Crusading Period
229(5)
5 The High Middle Ages and the Renaissance
234(4)
6 The Reformation and Early Enlightenment
238(4)
7 The Nineteenth Century
242(10)
A Destruction
242(4)
B Pillage
246(6)
8 The First Half of the Twentieth Century
252(7)
A Destruction
252(4)
B Spoils
256(3)
9 The Second World War
259(14)
A Losing Cultural Property
259(6)
B Plunder
265(8)
10 Forward From 1954
273(4)
11 Realigning the Last Decades of the Twentieth Century
277(8)
Conclusion
285(10)
1 Targeting Civilians
285(1)
2 Is Starvation a Restricted Method of Warfare?
286(3)
3 Are the Practices in Times of Occupation, with Particular Regard to Genocide, Reprisals and Rape Better or Worse than in the Past?
289(2)
4 Is Property Safe from Pillage and Unnecessary Destruction?
291(4)
Index 295
Alexander Gillespie is Pro Vice-Chancellor for Research and Professor of Law at the University of Waikato, New Zealand.