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By Frits Kalshoven, Liesbeth Zegveld
This absolutely revised fourth version of Constraints at the Waging of conflict considers the improvement of the primary principles of overseas humanitarian legislation from their origins to the current day. Of specific concentration are the foundations governing guns and the felony tools in which recognize for the legislations should be enforced. Combining conception and genuine perform, this e-book appeals to experts in addition to to scholars turning to the topic for the 1st time.
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Additional resources for Constraints on the Waging of War: An Introduction to International Humanitarian Law
Example text
A diplomatic conference con vened in 1949 in Geneva, once again at the instigation of the ICRC and by invitation of the Swiss Government. The three Geneva Conventions in force (one of 1907 and two of 1929) were substituted by new ones, improv ing many existing rules and filling lacunae practice had brought to light. To give just one example:€the often ruthless treatment, in the course of the Second World War, of armed resistance fighters in countries under German occupation led to the express recognition that members of organ ised resistance movements that fulfil a number of (stringent) conditions would qualify as prisoners of war.
The tail end of this Article could already give rise to the question of which industries could be regarded as ‘military objectives’, and which others not. This question became urgent when it became apparent that the air arm€– which started its development not long after the Hague Peace Conferences€– would be capable of acting, not only in close support of ground forces, but in independent operations far beyond battle areas on the ground. ; and, apart from its military interest, the issue was of vital importance because of the enhanced risks for the civilian population ensuing from such an extension of the concept of ‘military objective’.
Two more points:€one is that in the last quarter of the twentieth century a tendency has arisen to interpret in particular the second and third conditions in a fairly liberal manner€– in conformity with the practice of the regular armed forces, whose members were no longer marching into battle dressed in conspicuous uniforms, any more than they brandished their rifles or hand grenades without need. The other point concerns the position of resistance fighters and other irregular fighters who are refused treatment as prisoners of war:€are they ‘unlawful combatants’, whether merely in a descriptive sense or by way of formal qualification?