‘A Practical Guide to the Law of Armed Conflict’ by Jo Morris & Libby Anderson
Published: November 2018
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This brief practical pocket guide gives a comprehensive overview of the fundamentals of the law of armed conflict. It firstly sets out the various Treaties and Conventions, using these as building blocks to understand the four basic principles, military necessity, humanity, distinction and proportionality. Careful consideration is given to the legal position in modern conflict of civilians, mercenaries and non-state actors, as well as parties traditionally regarded as combatants. Particular regard is given to targeting and the protection afforded to detained persons. The guide gives an overview of lawful and unlawful weapons, both conventional and emerging. This book explores how the law of armed conflict has developed and adapted to the new challenges posed by cyber warfare, drones, sexual violence as a weapon, and changes in the geopolitical landscape.
The commission, investigation, and jurisdiction over war crimes is considered, including command responsibility and State responsibility for unlawful orders. Joint missions and coalitions are increasingly prevalent in modern warfighting. This guide considers the complications that can arise when parties to a coalition have different levels of compliance with the law of armed conflict.
This book is intended equally for students, lawyers, and members of the armed forces. Those who wish to act for the armed forces in either a legal or military capacity should be familiar with the international legal framework governing the law of armed conflict, the practical application of this framework, and the consequences of breaching it.
ABOUT THE AUTHORS
Jo Morris has represented servicemen in Germany, Colchester and in Aldershot. She has an intimate knowledge of the Armed Forces Act and other relevant legislation and her military background gives her an advantage over others when defending servicemen. She is also well acquainted with operational law and the law of armed conflict.
Libby Anderson has represented service personnel in the UK. She has particular interest in how the international law of armed conflict is adapting to the new challenges posed by cyber warfare, drones, social media and open source intelligence, and changes in the geopolitical landscape. She is familiar with the Armed Forces Act 2006 and other aspects of civilian law, such as the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000, which affect military operations.
Chapter One – The Treaties
Chapter Two – Basic Principles
Chapter Three – Legitimate Targets
Chapter Four – Protection of Civilians
Chapter Five – Detained Persons
Chapter Six – Weapons
Chapter Seven – Cyber Strikes
Chapter Eight – War Crimes
Chapter Nine – Responsibility of Service Personnel, States and Legal Advisors
Chapter Ten – Jurisdiction Over War Crimes
Chapter Eleven – Robotics and Drones
Chapter Twelve – Private Military Security Companies
Chapter Thirteen – Sexual Violence in Conflict
Chapter Fourteen – Liability for the Actions of Allies
Chapter Fifteen – Countermeasures