By Jeroen C. van den Boogaard (auth.), Mariëlle Matthee, Brigit Toebes, Marcel Brus (eds.)

This ebook is written in reminiscence of Avril McDonald, who gave up the ghost in April 2010. Avril used to be an encouraged and passionate pupil within the fields of foreign humanitarian legislations, overseas felony legislations, human rights legislations and legislation within the box of palms keep watch over and disarmament. What specifically made Avril’s paintings detailed, was once her robust dedication with the human features all through. Fourteen students and practitioners have contributed to this liber amicorum, which has resulted in a wealthy number of issues in the disciplines of Avril’s services. all of them have in universal that they take care of the human views of the self-discipline of legislation to hand. They be aware of the impression of the advancements in foreign legislation on people, whether or not they are civilians, sufferers of struggle or infantrymen. This human standpoint of legislations makes this ebook a suitable tribute to Avril McDonald and while a special and beneficial contribution to overseas felony study within the current society. A society that turns into increasingly more characterised via unique criminal platforms, outlined by means of associations which may usually lack enough touch with the folks concerned.

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Pdf. 37 See for a clear analysis: Corn 2009, pp. 4–9. 38 Obviously, the armed conflict in Afghanistan, starting in 2001, that led to the fall of the Taliban regime from power, was an international armed conflict until the Karzai government took office; See Ducheine and Pouw 2012. 39 Corn and Talbot Jensen 2008, p. 789. 40 Although the lack of applicable law was caused by a misinterpretation of the law rather than by a genuine gap, the result is the same. 41 Ducheine and Pouw 2009, p. 76; Ducheine and Pouw argue that the armed conflict was also, from the side of Israel, aimed at Lebanon.

See Fellmeth 2010, pp. 2, 3. 55 Shamash 2005, p. 146. 56 See Cohen 2010, pp. 29–36. 57 Fellmeth 2010, p. 3. 58 Particularly in the ICRC Customary Law Study, see Henckaerts and Doswald-Beck 2005b, Volume II, Practice. 16 J. C. van den Boogaard practice. The military manuals indicate how states would like their armed forces to conduct their operations, or what they regard as legal behaviour. But also, a military manual may express no opinion at all, but merely restate the treaty obligations of states.

14 J. C. van den Boogaard specific rule, rendering the existence of that rule impossible to prove. 49 The ICRC Study on customary international humanitarian law is an impressive piece of work, yet its methodology has received both criticism as well as acclaim. 51 The specific character of international humanitarian law makes the methodological problems even more prominent. International humanitarian law is a preventive framework, meant to regulate the hostilities as soon as they begin. The rules of international humanitarian law are the user’s manual for the use of the arms that the parties to the conflict deploy in their operations, as well as for the methods they may use.

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