Civilian protection is a constant need and challenge in war, as evidenced by the numerous armed conflicts taking place in the world. This book provides an insightful and nuanced analysis of critical legal concepts related to the protection of civilians and reflects on certain practical solutions that have been adopted, or should be adopted, to achieve this goal. The examination of the issues selected for this volume will serve as an invaluable tool for academics, military practitioners, and decision-makers from States, international, and non-governmental organizations alike.
Civilian protection is a constant need and challenge in war, as evidenced by the numerous armed conflicts taking place in the world. This book provides an insightful and nuanced analysis of critical legal concepts related to the protection of civilians and reflects on certain practical solutions that have been adopted, or should be adopted, to achieve this goal. The examination of the issues selected for this volume will serve as an invaluable tool for academics, military practitioners, and decision-makers from States, international, and non-governmental organizations alike.
Jelena Pejic is a non-resident Senior Fellow at the Lieber Institute for Law and Warfare at the US Military Academy, West Point where she was the Lieber Scholar for 2023. In her earlier career she was Senior Legal Adviser in the Legal Division of the International Committee of the Red Cross, Senior Program Coordinator in the New York office of Human Rights First, and a lecturer in international law at Belgrade University Law School. She has written and presented extensively on a range of legal and practical challenges arising in international humanitarian law, as well as in international criminal and human rights law. She is currently a Member of the Board of Editors at Just Security and serves on the Board of the Belgrade Center for Human Rights. Captain Margaret Kotlik is an Assistant Professor in the Department of Law at the United States Military Academy and a Judge Advocate in the U.S. Army. She is a Military Fellow for the Lieber Institute for Law and Warfare at West Point, where she teaches constitutional and military law. Captain Kotlik holds a J.D. from SMU Dedman School of Law in Dallas, Texas, and a Bachelor of Science from Southern Methodist University.
Inhaltsangabe
* Foreword * Joseph B. Berger III * Preface * Jelena Pejic and Margaret Kotlik * PART ONE: Foundational Issues * 1. The Protection of Civilians in the Invasion Phase of an International Armed Conflict * Michael W. Meier * 2. Are "Unprivileged Belligerents" Protected by the Civilians Convention, and, If So, How? * Marten Zwanenburg * 3. The Object and Purpose of the Fourth Geneva Convention * Kubo Mäák and Ellen Policinski * PART TWO: Law and Reality * 4. Measures of Control for Security Reasons Other than Civilian Internment in Armed Conflict, a Military Perspective * Nathalie Durhin * 5. The Law Applicable to the "Screening" of Civilians * Jann K. Kleffner * 6. Setting up Humanitarian Corridors in Armed Conflict * Julia Grignon * 7. The Law and Politics of Civilian Protection in the Occupied West Bank * David Kretzmer * 8. A Reflection on the Cost of Counter-Terrorism for Civilian Protection in Armed Conflict * Fionnuala Ní Aoláin * 9. Deportation in International Humanitarian and Criminal Law Against the Backdrop of the War in Ukraine * Michael N. Schmitt * 10. The Law and Modern Challenges Related to the Prohibition Against Forced Conscription * W. Casey Biggerstaff * 11. Civilian Data Protection in War * Russell Buchan * 12. The Effect of Extraterritorial Data Migration on the Protection of Civilians and Civilian Objects * Leah West * PART THREE: Interfaces * 13. Civilian Protection, Gender, and GC IV: Has Interpretation Filled the Gaps? * Valerie Oosterveld * 14. Environmental Protection as Civilian Protection * Lakmini Seneviratne and Kosuke Onishi * 15. The Contribution of Forensic Science to Managing the Dead and Preventing the Missing in Armed Conflict * Morris Tidball-Binz * PART FOUR: Accountability * 16. Unlawful Confinement as a War Crime in Armed Conflict * Marco Sassòli * 17. Armed Forces' Investigations of IHL Violations Against Civilians * Jennifer Maddocks * 18. Redressing Civilian Harm * Tom Dannenbaum * Index
* Foreword * Joseph B. Berger III * Preface * Jelena Pejic and Margaret Kotlik * PART ONE: Foundational Issues * 1. The Protection of Civilians in the Invasion Phase of an International Armed Conflict * Michael W. Meier * 2. Are "Unprivileged Belligerents" Protected by the Civilians Convention, and, If So, How? * Marten Zwanenburg * 3. The Object and Purpose of the Fourth Geneva Convention * Kubo Mäák and Ellen Policinski * PART TWO: Law and Reality * 4. Measures of Control for Security Reasons Other than Civilian Internment in Armed Conflict, a Military Perspective * Nathalie Durhin * 5. The Law Applicable to the "Screening" of Civilians * Jann K. Kleffner * 6. Setting up Humanitarian Corridors in Armed Conflict * Julia Grignon * 7. The Law and Politics of Civilian Protection in the Occupied West Bank * David Kretzmer * 8. A Reflection on the Cost of Counter-Terrorism for Civilian Protection in Armed Conflict * Fionnuala Ní Aoláin * 9. Deportation in International Humanitarian and Criminal Law Against the Backdrop of the War in Ukraine * Michael N. Schmitt * 10. The Law and Modern Challenges Related to the Prohibition Against Forced Conscription * W. Casey Biggerstaff * 11. Civilian Data Protection in War * Russell Buchan * 12. The Effect of Extraterritorial Data Migration on the Protection of Civilians and Civilian Objects * Leah West * PART THREE: Interfaces * 13. Civilian Protection, Gender, and GC IV: Has Interpretation Filled the Gaps? * Valerie Oosterveld * 14. Environmental Protection as Civilian Protection * Lakmini Seneviratne and Kosuke Onishi * 15. The Contribution of Forensic Science to Managing the Dead and Preventing the Missing in Armed Conflict * Morris Tidball-Binz * PART FOUR: Accountability * 16. Unlawful Confinement as a War Crime in Armed Conflict * Marco Sassòli * 17. Armed Forces' Investigations of IHL Violations Against Civilians * Jennifer Maddocks * 18. Redressing Civilian Harm * Tom Dannenbaum * Index
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