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The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.
Part I: General Issues 1: Terry D. Gill and Dieter Fleck: Concept and Sources of the International Law of Military Operations 2: William K. Lietzau and Joseph A. Rutigliano Jr: History and Development of the International Law of Military Operations 3: Jann K. Kleffner: Human Rights and International Humanitarian Law: General Issues 4: Nils Melzer and Gloria Gaggioli Gasteyger: Conceptual Distinction and Overlaps Between Law Enforcement and the Conduct of Hostilities Part II: Military Operations within the Context of the UN Collective Security System 5: Enforcement and Peace Enforcement Operations 5.1: Terry D. Gill: Legal Characterization and Basis for Enforcement Operations and Peace Enforcement Operations under the Charter 5.2: Dieter Fleck: Status of Forces in Enforcement and Peace Enforcement Operations 5.3: Terry D. Gill: Legal Parameters for the Use of Force in the Context of the UN Collective Security System 5.4: Blaise Cathcart: Force Application in Enforcement and Peace Enforcement Operations 5.5: Charles H.B. Garraway and Jann K. Kleffner: Applicability and Application of International Humanitarian Law to Enforcement, Peace Enforcement, and Peace Operations 6: Peace Operations 6.1: Terry D. Gill: Characterization and Legal Basis for Peace Operations 6.2: Dieter Fleck: Status of Forces in Peace Operations 6.3: Terry D. Gill: Legal Parameters for the Use of Force within the Context of Peace Operations 6.4: Patrick C. Cammaert and Ben F. Klappe: Application of Force and Rules of Engagement in Peace Operations 6.5: Patrick C. Cammaert and Ben F. Klappe: Authority, Command, and Control in United Nations-led Peace Operations 7: Eric P.J. Myjer and Nigel D. White: Peace Operations Conducted by Regional Organizations and Arrangements Part III: Military Operations within the Context of the Right of Self-Defence and Other Possible Legal Bases for the Use of Force 8: Terry D. Gill: Legal Basis of the Right of Self-Defence Under the UN Charter and Under Customary International Law 9: Dieter Fleck: Status of Forces in Self-Defence Operations 10: Blaise Cathcart: Application of Force and Rules of Engagement in Self-Defence Operations 11: Charles H.B. Garraway and Jann K. Kleffner: International Humanitarian Law in Self-Defence Operations 12: Terry D. Gill and Paul A. L. Ducheine: Rescue of Nationals 13: Terry D. Gill: Humanitarian Intervention 14: Terry D. Gill: Military Intervention with the Consent or at the Invitation of a Government Part IV: Capita Selecta of International Military Operational Law 15: Blaise Cathcart: Command and Control in Military Operations 16: Michael N. Schmitt: Targeting in Operational Law 17: Nils Melzer: Targeted Killings in Operational Law Perspective 18: William H. Boothby: Weapons and Operational Law 19: Michael N. Schmitt: Air Law and Military Operations 20: Wolff Heintschel Von Heinegg: The Law of Military Operations at Sea 21: Wolff Heintschel Von Heinegg and Martin D. Fink: Maritime Interception/Interdiction Operations 22: Blaise Cathcart: Legal Dimensions of Special Operations and Information Operations 23: Paul Ducheine: Military Cyber Operations 24: Hans F.R. Boddens Hosang: Force Protection, Unit Self-Defence and Personal Self-Defence: Their Relationship to Rules of Engagement 25: Timothy McCormack and Bruce M. Oswald: The Maintenance of Law and Order in Military Operations 26: Jann K. Kleffner: Operational Detention and the Treatment of Detainees 27: Ben F. Klappe: Civil-Military Cooperation and Humanitarian Assistance 28: Terry D. Gill and Dieter Fleck: Private Contractors and Security Companies 29: William J. Fenrick: The Prosecution of International Crimes in Relation to the Conduct of Military Operations 30: Boris Kondoch and Marten Zwanenburg: International Responsibility and Military Operations Part V: Synthesis and Conclusion 31: A.P.V. Rogers and Darren Stewart: The Role of the Military Legal Advisor 32: Dieter Fleck and Terry D. Gill: International Law for Military Operations: Conclusions and Persectives The Manual on International Law of Military Operations Glossary of Terms
Author(s) | Edited by Terry D. Gill (Professor Military Law, University of Amsterdam & Netherlands Defence Academy), Dieter Fleck (Former Director International Agreements & Policy, German Ministry of Defence; Honorary President, International Society for Military Law and the Law of War). |
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Publisher | Oxford University Press |
ISBN | 9780198813644 |
Format | Paperback / softback |
Pages | 816 |
Published in | United Kingdom |
Published | 13 Jul 2017 |
Availability | Available |
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