The laws of war are facing new challenges from emerging technologies and changing methods of warfare, as well as the growth of human rights and international criminal law. International mechanisms of accountability have increased and international criminal law has greater relevance in the calculations of political and military leaders, yet perpetrators often remain at large and the laws of war raise numerous normative, structural and systemic issues and problems. This edited collection brings together leading academic, military and professional experts to examine the key issues for the continuing role and relevance of the laws of war in the twenty-first century. Marking Professor Peter Rowe's contribution to the subject, this book re-examines the purposes of the laws of war and asks whether existing laws found in treaties and customs work to achieve these purposes and, if not, whether they can be fixed by specific reforms or wholesale revision.
Caroline Harvey is a solicitor specialising in international law and obtained her PhD under Professor Peter Rowe's supervision. James Summers is lecturer at the University of Lancaster, where he lectures in international law, peoples' rights and the law of international institutions. Nigel D. White is Professor of Public International Law at the University of Nottingham.
Foreword Christopher Greenwood; Preface Caroline Harvey, James Summers and Nigel D. White; 1. Introduction James Summers; 2. Army legal services and academia A. P. V. Rogers and Gordon Risius; Part I. Structural and Systemic Aspects of the Laws of War: 3. Development of new rules or application of more than one legal regime? Dieter Fleck; 4. It's a bird! It's a plane! It's a non-international armed conflict: cross border hostilities between states and non-state actors Lindsay Moir; 5. Security Council mandates and the use of lethal force by peacekeepers: what place for the laws of war? Nigel D. White; 6. The relationship of international humanitarian law and war crimes: international criminal tribunals and their statutes Robert Cryer; Part II. Effective Protection?: 7. The future of Article 5 tribunals in the light of experiences in the Iraq war, 2003 Nicholas Mercer; 8. Direct participation and the principle of distinction: squaring the circle Charles Garraway; 9. Droning on: some international humanitarian law aspects of the use of unmanned aerial vehicles in contemporary armed conflicts David Turns; 10. Does the law of targeting meet twenty-first-century needs? William Boothby; 11. Protecting civilians from the effects of explosive weapons in International Humanitarian Law Maya Brehm; 12. The International Committee of the Red Cross and the initiative to strengthen legal protection for victims of armed conflicts Michael Meyer; Part III. Responsibility and Accountability: 13. Corporate criminal responsibility for war crimes and other violations of international humanitarian law: the impact of the business and human rights movement Alex Batesmith; 14. The trial of prisoners of war by military courts in modern armed conflicts Peter Rowe; 15. The right to conduct one's own defence before the ICTY and a fair and expeditious trial: an impossible balancing act Caroline Harvey.