Belligerent Reprisals from Enforcement to Reciprocity

Erscheinungsjahr 2024
ISBN: 978-1-108-83184-0
Verlag: Cambridge University Press

Buch, Englisch, 366 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 686 g

This book challenges the traditional understanding of belligerent reprisals as a mechanism aimed at enforcing the laws of armed conflict. By re-instating reciprocity at the core of belligerent reprisals, it construes them as tools designed to re-calibrate the legal relationship between parties to armed conflict and pursue the belligerents' equality of rights and obligations in both a formal and a substantive sense. It combines an inquiry into the conceptual issues surrounding the notion of belligerent reprisals, with an analysis of State and international practice on their purpose and function. Encompassing international and non-international armed conflicts, it provides a first comprehensive account of the role of reprisals in governing legal interaction during wartime, and offers new grounds to address questions on their applicability, lawfulness, regulation, and desirability. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

Autoren/Hrsg.

Romani, Francesco

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Kriegsrecht, Territorialrecht, Humanitäres Recht

Inhaltsverzeichnis

Introduction; 1. Reciprocity and countermeasures: competing paradigms to understand belligerent reprisals; 2. The development of belligerent reprisals as an enforcement tool; 3. The resilience of the reciprocity paradigm; 4. Belligerent reprisals in International armed conflict: a case-study in chemical attacks and the 'war of the cities' during the Iran-Iraq war (1980–1988); 5. Belligerent reprisals in Non-international armed conflict: conceptual issues; 6. Belligerent reprisals in Non-International armed conflict: a quest for equilibrium; Conclusion: the implications of the new formalization of belligerent reprisals; Appendices; Bibliography; Index.

Über Autor(innen)

Romani, Francesco
Francesco Romani is a Research Fellow at the Geneva Academy of International Humanitarian Law and Human Rights, where he coordinates the IHL Expert Pool. He is also Visiting Professor on international responsibility and litigation at the Law Faculty of Lille Catholic University and holds a Ph.D. in International Law from the Graduate Institute of International and Development Studies. His research interests include international humanitarian law, human rights and cultural heritage law.