This title describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. It identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The author demonstrates that this branch of international law is in constant evolution.

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses—including gender, innocence, and civilization—have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.

While recognizing the changing face of war casualties (the civilian casualty rate has escalated from five percent in World War I to up to 90 percent in recent conflicts), the 1949 Geneva Convention on the Protection of Civilians has not been able to reverse that trend. In this project of the International Peace Academy, with which the editor is affiliated, a dozen essays endeavor to expand the tools available to protect civilians in times of war. They address the themes of the evolving norms of international humanitarian law, inducing compliance, enforcing compliance, and reevaluating protection by reviewing traditional assumptions and new needs to deal at the local level with unconventional belligerents like guerillas. c. Book News Inc.

A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.

Det er en udbredt antagelse, at krig skaber to slags mennesker: soldater og civile. Men har historien ikke vist os, at denne forsimplede antagelse er smertelig uklar? Civilians at War behandler en række spørgsmål, der knytter sig til de måder, hvorpå en krigs sociale grupperinger – og særligt de grupper, som fordrer aktiv deltagelse – tager sig ud i forskellige historiske og geografiske sammenhænge. Ved hjælp af casestudier fra Europa, Afrika og Sydamerika fra det 15. århundrede til nutiden belyser antologiens bidragydere den traditionelle modsætning mellem civil og soldat og tilbyder herigennem nye forståelser af den komplekse mellemposition, civile befinder sig i under krig. Gunner Lind er professor i tidlig moderne historie ved afdeling for Historie på Saxo-Instituttet, Københavns Universitet. Bidragydere: Steffen Jensen er seniorforsker ved DIGNITY – Dansk Institut Mod Tortur Lars Bo Kaspersen er professor ved Institut for Statskundskab, Københavns Universitet Gunner Lind er professor ved Saxo-Instituttet, Københavns Universitet Jeppe Büchert Netterstrøm er lektor ved Institut for Kultur og Samfund, Aarhus Universitet Palle Roslyng-Jensen er lektor ved Saxo-Instituttet, Københavns Universitet Robin May Schott er seniorforsker ved Dansk Institut for Internationale Studier Finn Stepputat er seniorforsker ved Dansk Institut for Internationale Studier We often think of war as creating two different kinds of people: soldiers and civilians. But hasn’t history taught us that this distinction is painfully nebulous? The contributors to this volume, writing from different disciplinary vantages, address a number of important issues connected to the ways in which the social distinctions and divisions surrounding war — especially those that determine participation — play out across different historical and geographical settings. Contextualizing the dichotomy of civilian and combatant against these larger complexities, this book offers a new understanding of the problematic middle ground that civilians occupy during wartime. Gunner Lind is professor of early modern history at the University of Copenhagen. He is the author of many books in Danish and a member of the Royal Danish Academy of Sciences and Letters. Contributors: Steffen Jensen is Senior Researcher at DIGNITY – Danish Institute Against Torture Lars Bo Kaspersen is Professor in the Department of Political Science at the University of Copenhagen Gunner Lind is Professor in the Department of History at the University of Copenhagen Jeppe Büchert Netterstrøm is Associate Professor at the Section of History, Aarhus University Palle Roslyng-Jensen is Associate Professor in the Department of History at the University of Copenhagen Robin May Schott is Senior Researcher at the Danish Institute for International Studies Finn Stepputat is Senior Researcher at the Danish Institute for International Studies

One of the central principles of international humanitarian law is the principle of distinction between the civilian and the combatant. This book critically examines the situation of international humanitarian actors, showing how they struggle to protect and enhance their civilian status.