Civilian or Combatant?
A Challenge for the 21st Century
Published on 23. March 2011
Book
Hardback
192 pages
978-0-19-974324-7 (ISBN)
Description
In Civilian or Combatant?: A Challenge for the 21st Century, Anicee Van Engeland 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. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon.
The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on
war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as
well as how international humanitarian has been stretched to meet these challenges.
The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on
war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as
well as how international humanitarian has been stretched to meet these challenges.
More details
Series
Language
English
Place of publication
New York
United States
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 238 mm
Width: 161 mm
Thickness: 19 mm
Weight
410 gr
ISBN-13
978-0-19-974324-7 (9780199743247)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
04/2011
1st Edition
OUP eBook
€35.99
Available for download
Person
Anicee Van Engeland is a lecturer in law at the University of Exeter, UK and a research associate at SOAS. She is an international human rights jurist and a political analyst. She is also a consultant and a trainer for several universities, research centers and think tanks worldwide.
Van Engeland's fields of expertise are international human rights, human rights in Iran, international humanitarian law, Islamic humanitarian law, refugees' issues, terrorism, and torture.
Van Engeland has published articles in each of these research fields. Her most recent publications include an article "Islam and the Protection of Civilians in the Conduct of Hostilities: The Asymmetrical war from the Transnational Terrorist Groups' Viewpoint and from the Muslim Modernists' Viewpoint."
She holds a PhD Islamic World from the Institut d'Etudes Politiques de Paris, an LLM from Harvard Law School, an M.A. in Iranian Studies from Paris III Sorbonne, an M.A. in International Relations from Paris II Assas.
Van Engeland's fields of expertise are international human rights, human rights in Iran, international humanitarian law, Islamic humanitarian law, refugees' issues, terrorism, and torture.
Van Engeland has published articles in each of these research fields. Her most recent publications include an article "Islam and the Protection of Civilians in the Conduct of Hostilities: The Asymmetrical war from the Transnational Terrorist Groups' Viewpoint and from the Muslim Modernists' Viewpoint."
She holds a PhD Islamic World from the Institut d'Etudes Politiques de Paris, an LLM from Harvard Law School, an M.A. in Iranian Studies from Paris III Sorbonne, an M.A. in International Relations from Paris II Assas.
Content
INTRODUCTION
An Old Phenomenon
Challenges for International humanitarian Law regarding the Distinction
From My Lai and Sabra & Chatila to Guantanamo
CHAPTER I: THE DISTINCTION BETWEEN COMBATANTS AND CIVILIANS, A CORNESTONE OF INTERNATIONAL HUMANITARIAN LAW
I. The Distinction in History: Ethics, Law and Political Philosophy
A. Civilians as Incidental Victims of War: from Association between Territories, Leadership and Population to the Emergence of the Nation State
B. First Attempts and Regulations to limit War and Protect Civilians
C. The Emergence of an Ethic of Protection
II. The Distinction as a Cornerstone of Modern International Humanitarian Law.
A. The Legalization of War: The Laws of War
B. The Role of International Humanitarian Law Regarding the Distinction in the 21st Century: New Challenges
CHAPTER II: THE DISTINCTION BETWEEN CIVILIANS AND COMBATANTS
I. The Principle of Distinction
A. Who is a Civilian? A Civilian is a Non Combatant
1- The Distinction relies on a Negative Definition
a- Protection of Civilians, Civilian Population and Civilian Property
b- Violations of the Principle of Distinction
2- The Rational
3- The Limits of the Concept of Protected Civilian: Exclusions and In-Between Persons
B. Who is a Combatant? A Clear-Cut Definition
1- Who is a Combatant?
2- A Legal Effect: the Status of Prisoner of War as a Protection
C. Legitimate Military Targets
II. The Distinction in Customary International Law
A. What is Customary Rules of Humanitarian Law?
B. The ICRC Study
CHAPTER III: PROTECTION AFFORDED TO CIVILIANS AND RIGHTS OF COMBATANTS
I. Analysis of the Protection Afforded to Civilians
A. The Aim of the Convention IV and the Protocol I and Other documents
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 API
4- Rights and Fundamental Guarantees
B. Protection of Civilian Properties
II. Concrete Examples of Protection to Civilians
A. Neutralized Zones
B. Extra Protection afforded to Civilians
1- Protection
2- Extra Protection for Women
3- Extra Protection to Children
C. Refugees and Internally Displaced People -IDPs
1- Internally Displaced Persons: IDPs
2- Refugees
D. Journalists
1- Journalists are civilians
2- Embedded Journalists
3- Free Lance Journalists
4- Military Journalists
5- Debates regarding Journalism at War
E- Occupied Territories
C. Analysis of the Protection afforded in Non International Armed Conflicts and Internal Disturbances
F. Collateral Damages
III. Rights and Protection of Combatants
A. The Status of Prisoner of War (POW)
B- The Sick, the Wounded and the Hors de Combat
CHAPTER IV: THE SHIFT BETWEEN CATEGORIES
I. From Civilian to Combatant
A. The Concept of Direct Participation in Hostilities.
B. The Protection Afforded to Civilians who Participates in Hostilities
C. The ICRC Study
D. A Sensitive Case: Human Shields
II. The 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 Combatant?
2- The Concept has no Legal Ground
3- In practice: the U.S. Case and the Israel Case
III. Civilians or Combatants? The Privatization of War
A. Mercenaries
1- Who is a Mercenary?
2-Evolution
3- Civilians or Combatants?
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
CHAPTER V: CONCRETE CHALLENGES: THE EVOLUTION OF WAR- ASYMETRIC CONFLICTS, TERRORISM AND WEAPON TECHNOLOGY
I. The Definition of Asymmetric Conflict
A. What is an Asymmetric Conflict?
B. Asymmetric Conflict in the 21st 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- The 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. The 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. A New Behavior
B. The Regulation of Weapons under International Humanitarian law: Protection of Civilians
C. Prohibition to use weapons causing unnecessary suffering
D. The Violations of the Principle of Distinction in Practice -The Principle of Distinction versus Military Necessity
CONCLUSION
An Old Phenomenon
Challenges for International humanitarian Law regarding the Distinction
From My Lai and Sabra & Chatila to Guantanamo
CHAPTER I: THE DISTINCTION BETWEEN COMBATANTS AND CIVILIANS, A CORNESTONE OF INTERNATIONAL HUMANITARIAN LAW
I. The Distinction in History: Ethics, Law and Political Philosophy
A. Civilians as Incidental Victims of War: from Association between Territories, Leadership and Population to the Emergence of the Nation State
B. First Attempts and Regulations to limit War and Protect Civilians
C. The Emergence of an Ethic of Protection
II. The Distinction as a Cornerstone of Modern International Humanitarian Law.
A. The Legalization of War: The Laws of War
B. The Role of International Humanitarian Law Regarding the Distinction in the 21st Century: New Challenges
CHAPTER II: THE DISTINCTION BETWEEN CIVILIANS AND COMBATANTS
I. The Principle of Distinction
A. Who is a Civilian? A Civilian is a Non Combatant
1- The Distinction relies on a Negative Definition
a- Protection of Civilians, Civilian Population and Civilian Property
b- Violations of the Principle of Distinction
2- The Rational
3- The Limits of the Concept of Protected Civilian: Exclusions and In-Between Persons
B. Who is a Combatant? A Clear-Cut Definition
1- Who is a Combatant?
2- A Legal Effect: the Status of Prisoner of War as a Protection
C. Legitimate Military Targets
II. The Distinction in Customary International Law
A. What is Customary Rules of Humanitarian Law?
B. The ICRC Study
CHAPTER III: PROTECTION AFFORDED TO CIVILIANS AND RIGHTS OF COMBATANTS
I. Analysis of the Protection Afforded to Civilians
A. The Aim of the Convention IV and the Protocol I and Other documents
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 API
4- Rights and Fundamental Guarantees
B. Protection of Civilian Properties
II. Concrete Examples of Protection to Civilians
A. Neutralized Zones
B. Extra Protection afforded to Civilians
1- Protection
2- Extra Protection for Women
3- Extra Protection to Children
C. Refugees and Internally Displaced People -IDPs
1- Internally Displaced Persons: IDPs
2- Refugees
D. Journalists
1- Journalists are civilians
2- Embedded Journalists
3- Free Lance Journalists
4- Military Journalists
5- Debates regarding Journalism at War
E- Occupied Territories
C. Analysis of the Protection afforded in Non International Armed Conflicts and Internal Disturbances
F. Collateral Damages
III. Rights and Protection of Combatants
A. The Status of Prisoner of War (POW)
B- The Sick, the Wounded and the Hors de Combat
CHAPTER IV: THE SHIFT BETWEEN CATEGORIES
I. From Civilian to Combatant
A. The Concept of Direct Participation in Hostilities.
B. The Protection Afforded to Civilians who Participates in Hostilities
C. The ICRC Study
D. A Sensitive Case: Human Shields
II. The 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 Combatant?
2- The Concept has no Legal Ground
3- In practice: the U.S. Case and the Israel Case
III. Civilians or Combatants? The Privatization of War
A. Mercenaries
1- Who is a Mercenary?
2-Evolution
3- Civilians or Combatants?
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
CHAPTER V: CONCRETE CHALLENGES: THE EVOLUTION OF WAR- ASYMETRIC CONFLICTS, TERRORISM AND WEAPON TECHNOLOGY
I. The Definition of Asymmetric Conflict
A. What is an Asymmetric Conflict?
B. Asymmetric Conflict in the 21st 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- The 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. The 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. A New Behavior
B. The Regulation of Weapons under International Humanitarian law: Protection of Civilians
C. Prohibition to use weapons causing unnecessary suffering
D. The Violations of the Principle of Distinction in Practice -The Principle of Distinction versus Military Necessity
CONCLUSION