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International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information International Humanitarian Law Cases, Materials and Commentary Drawing together key documents, case law, reports and other essential materials, International Humanitarian Law offers students, lecturers and practitioners an access- ible and critically informed account of the theory, law and practice of international humanitarian law. Providing comprehensive, thematic and targeted coverage of national and international cases and materials, this book successfully balances doctrine with practical application to help readers understand how the theories are applied in practice and navigate through jurisprudence with ease. Employing a critical and targeted commentary throughout, this book also helps readers to better understand the implications of the law and the challenges facing international humanitarian law today including: • Cyber war • Detention • Direct participation in hostilities • Human rights in armed conflict • Terrorism Suitable for advanced undergraduate and postgraduate students and practitioners, International Humanitarian Law offers a thematic and comprehensive treatment of the subject. Nicholas Tsagourias is Professor of International Law at the University of Sheffield. He is also on the editorial board for the Journal of Conflict and Security Law and was a member of the Cyber Terrorism Group of the International Law Association. Alasdair Morrison was an Army Legal Services Officer until his retirement as a Lieutenant Colonel in 2015. Over his 30 years of service he gained extensive experience in the operational law field in the UK and overseas, including operational deployments and instructing and presenting on international humanitarian law. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information International Humanitarian Law Cases, Materials and Commentary NICHOLAS TSAGOURIAS University of Sheffield LT COL (RETD) ALASDAIR MORRISON Land Warfare Centre © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information University Printing House, Cambridge CB2 8BS, United Kingdom One Liberty Plaza, 20th Floor, New York, NY 10006, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia 314–321, 3rd Floor, Plot 3, Splendor Forum, Jasola District Centre, New Delhi — 110025, India 79 Anson Road, #06–04/06, Singapore 079906 Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781107090590 DOI: 10.1017/9781316107010 © Nicholas Tsagourias and Alasdair Morrison 2018 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2018 Printed in the United Kingdom by Clays, St Ives plc, 2018 A catalogue record for this publication is available from the British Library. ISBN 978-1-107-09059-0 Hardback ISBN 978-1-107-46274-8 Paperback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information Brief Contents Preface and Acknowledgements page xiii List of Abbreviations xvi Table of Cases xix Table of Other Documents xxviii 1Definition and Classification of Armed Conflicts 1 2 Fundamental Principles of International Humanitarian Law 39 3 The Relationship Between International Humanitarian Law and Human Rights Law 55 4 Principle of Distinction 88 5 Protection of Civilians 110 6 Protection of Prisoners of War 143 7 Means and Methods of Warfare and the Law of Targeting 174 8 Law of Neutrality 207 9 Law of Occupation 227 10 The Law of Non-International Armed Conflict 257 11 Enforcement of International Humanitarian Law 292 12 Command Responsibility 337 Index 368 v © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information Contents Preface and Acknowledgements page xiii List of Abbreviations xvi Table of Cases xix Table of Other Documents xxviii 1Definition and Classification of Armed Conflicts 1 1.1 Definition of Armed Conflict 2 1.2 Definition of International and Non-International Armed Conflict 5 1.2.1 Definition of International Armed Conflict 5 1.2.2 Direct State Intervention 6 1.2.3 State Control Over an Armed Group 7 1.2.4 Definition of Non-International Armed Conflict 10 1.2.5 Intensity of Armed Violence and Protracted Violence 13 1.2.6 Organisation 15 1.3 Mixed Conflicts 17 1.4 Geographic and Temporal Scope of an Armed Conflict 21 1.5 Wars of Self-Determination 24 1.6 Terrorism 26 1.7 Occupation 28 1.8 International Forces and Armed Conflict 29 1.8.1 United Nations Forces 29 1.8.2 Forces of Other International Organisations 31 1.9 Cyber War 33 Commentary 33 2 Fundamental Principles of International Humanitarian Law 39 2.1 The Principle of Humanity 40 2.2 The Principle of Military Necessity 41 2.3 Interaction Between the Principle of Humanity and the Principle of Military Necessity 46 2.4 The Principle of Distinction 47 2.5 The Principle of Proportionality 49 Commentary 53 vii © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information viii Contents 3 The Relationship Between International Humanitarian Law and Human Rights Law 55 3.1 Interrelationship between IHL and IHRL 56 3.2 Derogations from IHRL in Situations of Armed Conflict 59 3.3 Extraterritorial Application of IHRL 61 3.4 The Right to Life 65 3.5 The Right to a Fair Trial 70 3.6 Detention in Armed Conflict 71 3.7 Transfer of Detainees 75 3.8 Terrorism 79 3.9 The Effects of UN Mandates 79 3.10 UN Peacekeeping Operations and Human Rights 81 Commentary 83 4 Principle of Distinction 88 4.1 Principle of Distinction 89 4.1.1 Principle of Distinction 89 4.1.2 Combatants and Civilians 92 4.1.3 Consequences of the Distinction 94 4.2 Direct Participation in Hostilities 94 4.2.1 Definition 94 4.2.2 Consequences of Direct Participation in Hostilities 99 4.2.3 Direct Participation in Hostilities in Cyber Warfare 99 4.3 Loss of Combatant Protection –‘Unlawful Combatants’ 101 4.4 UN Peacekeepers 104 Commentary 106 5 Protection of Civilians 110 5.1 Protection Against Attacks and Against the Effects of Military Operations 111 5.1.1 Prohibition of Attacks on Civilians 111 5.1.2 Prohibition of Indiscriminate Attacks on Civilian Population 112 5.2 Protection of Persons in the Hands of a Party to an IAC 114 5.3 Protection of Persons in the Hands of a Party to a NIAC 116 5.4 Detention 117 5.4.1 Detention in IAC 117 5.4.2 Detention in NIAC 117 5.4.3 Detention by UN and UN-authorised Peacekeeping Forces 119 5.5 Prohibition of Arbitrary Punishments 120 5.6 Internal Displacement, Expulsion and Deportation 121 5.7 Sexual Violence in Armed Conflict 122 5.8 Sexual Exploitation and Abuse (SEA) by UN Peacekeepers 123 5.9 Protection of Children 125 5.10 Protection of Journalists 129 5.11 Protection of Peacekeepers 133 5.12 Protection of Private Military and Security Contractor (PMSC) Personnel 134 Commentary 135 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-09059-0 — International Humanitarian Law Nicholas Tsagourias , Alasdair Morrison Frontmatter More Information Contents ix 6 Protection of Prisoners of War 143 6.1 POW Status 144 6.1.1 Entitlement to POW Status 144 6.1.2 Special Cases 145 6.1.2.1 Retained Personnel 145 6.1.2.2 Civilians Authorised to Accompany the Armed Forces 145 6.1.2.3 Captured Peacekeepers 146 6.1.3 ‘Unlawful Combatants’ 146 6.1.3.1 General 146 6.1.3.2 Mercenaries 148 6.1.4 Relationship Between IHL and IHRL 148 6.1.5 Determination of POW Status 149 6.2 Responsibility for POW 152 6.2.1 Basic Rules 152 6.2.2 Transfer of POW 152 6.3 Treatment of POW 153 6.3.1 Entitlement to Humane Treatment 153 6.3.2 Treatment of Vulnerable Groups 158 6.3.2.1 Protection of Women 158 6.3.2.2 Protection of Children 159 6.3.3 Interrogation 159 6.4 Internment in POW Camps 160 6.4.1 General 160 6.4.2 Segregation of POW 161 6.4.3 Labour of POW 162
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