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• Title:Civilian or combatant? : a challenge for the 21st century / Anicee M. Van Engeland.
  
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• Author/Creator:Engeland, Anisseh van.
  
• Published/Created:Oxford ; New York : Oxford University Press, ©2011.
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KZ6515 .E54 2011
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Combatants and noncombatants (International law)
  
• Description:xix, 172 p. ; 24 cm.
  
• Series:Terrorism and global justice series.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780199743247 (hbk. : alk. paper)
  019974324X (hbk. : alk. paper)
  
• Contents:Machine generated contents note: ch. 1 Distinction between Combatants and Civilians, a Cornerstone of International Humanitarian Law
  I. Distinction in History: Ethics, Law, and Political Philosophy
  A. Civilians as Incidental Victims of War: From Association with Territories, Leadership, and Population to the Emergence of the Nation State
  B. First Attempts and Regulations to Limit War and Protect Civilians
  C. Emergence of an Ethic of Protection
  II. Distinction as a Cornerstone of Modern International Humanitarian Law
  A. Legalization of War: The Laws of War
  B. Role of International Humanitarian Law Regarding the Distinction in the Twenty-First Century: New Challenges
  C. Ethics
  III. Conclusion
  ch. 2 Distinction between Civilians and Combatants
  I. Principle of Distinction
  A. Who Is a Civilian? A Civilian Is a Noncombatant
  1. Distinction Relies on a Negative Definition
  a. Protection of Civilians, Civilian Populations, and Civilian Property
  b. Violations of the Principle of Distinction
  2. Rationale
  B. Who Is a Combatant? A Specific Definition
  1. Who Is a Combatant?
  2. Other Categories of Combatants
  a. Rebels, Terrorists, and Insurgents
  b. Civilians Who Take Part in Hostilities
  c. Mercenaries and Spies
  d. Prisoners of War
  e. Sick, the Wounded, and the Hors de Combat
  C. Legitimate Military Targets
  II. Distinction in Customary International Law
  A. What Are Customary Rules of Humanitarian Law?
  B. ICRC Study
  III. Conclusion
  ch. 3 Protection Afforded to Civilians and Rights of Combatants
  I. Analysis of the Protection Afforded to Civilians
  A. Aim of Geneva Convention IV and the Additional Protocols
  1. Protection of Civilians as a Principle
  2. Illustrations of Protection from Effects of War and from Attacks: Articles 31-34 GCIV
  3. Illustrations of Civilian Protection Granted by Additional Protocol I
  4. Illustrations of Civilian Protection in Non International Armed Conflicts
  5. Rights and Fundamental Guarantees
  B. Protection of Civilian Property
  II. Concrete Examples of Protection to Civilians
  A. Safe Zones
  B. Extra Protection Afforded to Civilians
  1. Protection
  2. Extra Protection for Women
  3. Extra Protection for Children
  C. Refugees and Internally Displaced People
  1. Internally Displaced Persons: IDPs
  2. Refugees
  D. Journalists
  1. Journalists Are Civilians
  2. Embedded Journalists
  3. Freelance Journalists
  4. Military Journalists
  5. Debates Regarding Journalism at War
  E. Occupied Territories
  III. Conclusion
  ch. 4 Shift between Categories
  I. From Civilian to Combatant
  A. Concept of Direct Participation in Hostilities
  B. ICRC Study
  C. Protection Afforded to Civilians Who Participate in Hostilities
  D. Sensitive Case: Human Shields
  II. Blurring of the Concept of Combatant
  A. Additional Protocol I and the Extension of the Status of Combatants and Prisoners of War
  1. Extension of the Status of Combatants
  2. Extension of the Status of POW
  B. Lawful and Unlawful/Unprivileged Combatants
  1. Who Are Unlawful Combatants?
  2. Argument Against the Notion
  3. In Practice: the U.S. and Israel
  III. Civilians or Combatants? The Privatization of War
  A. Mercenaries
  1. Who Is a Mercenary?
  2. Evolution
  B. Private Military and Security Companies
  1. What are Private Military/Security Companies?
  2. Obligations under International Humanitarian Law
  3. Combatants or Civilians?
  C. Civilians Working for an Army
  IV. Conclusion
  ch. 5 Concrete Challenges: the Evolution of War
  -Asymmetric Conflicts, Terrorism, and Weapon Technology
  I. Definition of Asymmetric Conflict
  A. What Is an Asymmetric Conflict?
  B. Asymmetric Conflict in the Twenty-First Century: A Challenge
  II. Wars of Self-Determination and Armed Struggles: The Distinction During Wars of National Liberation
  A. War of Self-Determination
  B. International Humanitarian Law and Wars of Self-Determination
  1. Applicable Law
  2. Limits of These International Documents
  3. Protection of Civilians
  III. Terrorism and the Principle of Distinction
  A. What Is Terrorism under International Humanitarian Law?
  B. War on Terror
  1. Is the War on Terror an Armed Conflict?
  2. International Humanitarian Law Does Not Apply to Terrorists?
  3. Humanitarian Law Does Apply to Terrorists
  IV. Weapons and the Principle of Distinction
  A. New Behavior
  B. Regulation of Weapons under International Humanitarian Law: Protection of Civilians
  C. Prohibition to Use Weapons Causing Unnecessary Suffering
  D. Violations of the Principle of Distinction in Practice
  -The Principle of Distinction versus Military Necessity
  V. Conclusion.