The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. Ingrid Detter reviews the status of non-State actors, as individuals and groups become more prominent in international society. Covering post 9/11 events and the resulting changes in the ethos of war, the author analyses the role of military companies and examines what their legitimacy means for international society. The edition also discusses certain 'intrinsic' rules in the Law of War, such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights. The author questions the right of 'illegal' combatants to be treated as prisoners of war and suggests that a minimum standard must be afforded to all, whether captured dictators or detainees suspected of terrorism. In the modern world, the individual (the soldier, the civilian, the dictator, the terrorist or the pirate) can no longer behave as they wish. Further new topics include 'target killings', the 'right to protect' ('R2P', - claimed to be a new form of intervention), the use of unregulated weapons such as drones and robots, the war scenario in Outer Space and cyber crimes. There is also a discussion of new developments in the field of war crimes including severe criticism of the novel concept 'joint criminal enterprise' (JCE), which, in the opinion of the author, undermines the Rule of Law. This updated and expanded edition will be of use to statesmen, scholars and students of international relations and international law.
Ingrid Detter is a Senior Member of St. Antony's College, Oxford and a practising Barrister at 13 Old Square, Lincoln's Inn, London. She has advised governments, multinationals, corporations and individuals on various aspects of international law and acted in national and international courts. For 21 years she was Adviser to H.H. Pope John Paul II on international law. She is former Fellow of Lady Margaret Hall and of St. Antony's College, Oxford, and Professor Emeritus of International Law at Stockholm University. She is currently the President of The Environment Institute (EnvInst), which is accredited to the United Nations. She is the author of 14 books and of numerous articles on international law and international relations.
Contents: Preface to the first edition; Preface to the second edition; Preface to the third edition; Part I General Principles: The concept of war; Prohibition of war; Prevention of war; The war-waging machinery; The nature of the law of war; Spatial application of the law of war. Part II Rules on Belligerence: Restrictions on weapons; Prohibited methods of warfare; Humanitarian rules. Part III Consequential Aspects of the Law of War: Effects of state of war; Execution of the law of war; Suspension of the law of war. Conclusions; Select bibliography; Index.