Book

Manuel

The law of war

Ingrid Detter

3rd ed.

Farnham ; Burlington : Ashgate, 2013

XXXI, 534 p. ; 25 cm

978-1-4094-6498-3

English

Bibliographie : p. 491-523. Index

Thi work explores the changing legal context of modern warfare in light of events over the last decade. The author reviews the status of non-state actors, as individuals and groups become more prominent in international society. Covering post 9/11 events and the resulting changes in the ethos of war, she analyses the role of military companies and examines what their legitimacy means for international society. It also discusses certain "intrinsic" rules in the law of war, such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights. The author questions the right of "illegal" combatants to be treated as prisoners of war and suggests that a minimum standard must be afforded to all, whether captured dictators or detainees suspected of terrorism. In the modern world, the individual (the soldier, the civilian, the dictator, the terrorist or the pirate) can no longer behave as they wish. Further new topics include "target killings", the "right to protect" ("R2P" - claimed to be a new form of intervention), the use of unregulated weapons such as drones and robots, the war scenario in outer space and cyber crimes. There is also a discussion of new developments in the field of war crimes including severe criticism of the novel concept "joint criminal enterprise" (JCE), which, in the opinion of the author, undermines the rule of law.