I N T E R N A T I O N A L H U M A N I T A R I A N L AW This clear and concise textbook provides an accessible and up-to-date examination of international humanitarian law With the aid of detailed examples, extracts from relevant cases and useful discussion questions, students are expertly guided through the text A recommended reading list is included in every chapter to support deeper engagement with the material Emerging trends in theory and practice are also explored and examined, allowing readers to build on their knowledge and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century Emily Crawford is a lecturer and Director of the Sydney Centre for International Law (SCIL) She teaches international law and international humanitarian law, and has delivered lectures both locally and overseas on international humanitarian law issues, including the training of military personnel Alison Pert lectures at the University of Sydney in international law, specialising in the use of force and international humanitarian law She is a qualified barrister and has practised as a lawyer in government and the private sector in London, Papua New Guinea and Australia She has represented Australia at international organisations including Unidroit and UNCITRAL, and in treaty negotiations I N T E R N AT I O N A L H U M A N I T A R I A N L AW Emily Crawford and Alison Pert University Printing House, Cambridge CB2 8BS, United Kingdom 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/9781107116177 © Emily Crawford and Alison Pert 2015 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 2015 Printing in the United Kingdom by TJ International Ltd Padstow Cornwall A catalogue record for this publication is available from the British Library Library of Congress Cataloguing in Publication data Crawford, Emily (Writer on international law) author International humanitarian law / Emily Crawford and Alison Pert pages cm ISBN 978-1-107-11617-7 (Hardback : alk paper) – ISBN 978-1-107-53709-5 (Paperback : alk paper) War (International law) Humanitarian law International criminal law I Pert, Alison, author II Title KZ6385.C75 2015 341.6–dc23 2015015426 ISBN 978-1–107-11617-7 Hardback ISBN 978-1–107-53709-5 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 Contents Preface and acknowledgments Table of cases Tables of treaties, and Legislation List of Abbreviations Introduction Historical Development of International Humanitarian Law Introduction Henri Dunant and the Battle of Solferino The 1864 Geneva Convention The Lieber Code 1863 The 1868 St Petersburg Declaration The 1868 Additional Articles, 1874 Brussels Declaration, 1880 Oxford Manual The 1899 and 1907 Hague Conventions The 1949 Geneva Conventions a Common Article The 1977 Additional Protocols a Additional Protocol I, wars of national liberation and guerrilla fighters b Additional Protocol II 10 Other IHL instruments 11 The development of international criminal law – the ICTY and ICTR, the ICC, and the hybrid and ad hoc courts and tribunals a The International Criminal Court b The ad hoc Criminal Tribunals for the former Yugoslavia and Rwanda c Hybrid and ad hoc courts and tribunals 12 Conclusion The contemporary legal basis of international humanitarian law and its fundamental principles Introduction The law of armed conflict: purpose, concepts, scope, application a The separation of jus ad bellum and jus in bello b Hague law and Geneva law c Terminology: wars vs armed conflicts, law of armed conflict vs international humanitarian law d Scope and application of the law of armed conflict Sources of the law of armed conflict a Treaties i The treaty law distinction between international and non-international armed conflict b Custom c Other sources – soft law The fundamental principles of the law of armed conflict a The principle of distinction i The principle of discrimination (prohibition on indiscriminate attacks) b Military necessity c The principle of proportionality d The prohibition on causing unnecessary suffering and superfluous injury e The principle of neutrality f The principle of humanity Conclusion Types of armed conflicts Introduction International armed conflicts a Common Article armed conflicts i “War” vs “armed conflict” ii What is an “armed conflict”? iii Occupation b Wars of national liberation Non-international armed conflicts a Common Article armed conflicts i Intensity and organisation ii Geographical field of application iii The shortcomings of Common Article b Additional Protocol II armed conflicts i Material field of application Internationalised and “transnational” armed conflicts a Internationalised armed conflicts i Military intervention by a foreign State in a NIAC A The conflict becomes an IAC, regardless of which side the foreign State supports B If the foreign State supports the territorial State, the conflict remains noninternational C If the foreign State supports the armed group, the conflict between the foreign State and the territorial State is international; that between the armed group and the territorial State remains non-international D If the foreign State supports the armed group, the whole conflict becomes international ii One of the parties is acting on behalf of a foreign State A The Nicaragua test – effective control B The Tadić test – overall control b “Transnational” armed conflicts i Conflict between State A and armed group X based in State A, fighting in State A ii Conflict between State A and armed group X based in State B, fighting in State A iii Conflict between State A and armed group X, fighting in A spills across border into State B iv Conflict between State A and armed group X based in neighbouring State B, fighting in B only v Conflict between State A and armed group X based in State C (and elsewhere), fighting in various States Conclusion Individual status in armed conflict – combatants, non-combatants, direct participation in hostilities and prisoners of war Introduction Combatant status – criteria, privileges and responsibilities a Early rules on combatant status – the US Civil War to the Geneva Conventions of 1949 The current law regarding combatant status a Members of the armed forces b Partisan and resistance fighters i Being commanded by a person responsible for his subordinates ii Having a fixed distinctive sign iii Carrying arms openly iv Obeying the laws of war c National liberation and guerrilla fighters under Protocol I d Levée en masse e Participants in non-international armed conflicts Non-combatants entitled to POW status and treatment Irregulars in hostilities not entitled to combatant status a Spies b Mercenaries c “Unlawful” combatants d Private military and security contractors e Civilians taking direct part in hostilities Prisoner of war status a Determining prisoner of war status b Treatment of POWs i Rights of POWs ii Rules on conditions of captivity iii Rules on penal and disciplinary proceedings iv Obligations for detaining authorities regarding transmission of information, monitoring by Protecting Powers and the ICRC, and repatriation of prisoners of war Conclusion Protection of the wounded, sick and shipwrecked Introduction The origins of the protection of the hors de combat in armed conflict The rules regarding respect for and care of the wounded, sick and shipwrecked a In international armed conflicts b In non-international armed conflicts Provisions on the dead and missing Medical personnel and the protection of medical goods and objects, including hospitals, ambulances and hospital ships a Medical and religious personnel b Medical goods and objects, including hospitals, ambulances and hospital ships The protective emblems: the Red Cross, Red Crescent and Red Crystal a Background to the adoption of the emblems: the Red Cross b The Red Crescent c The Red Shield of David d The Red Crystal e Substance of the international law on the distinctive emblems Conclusion The law of occupation and the protection of civilians Introduction General protections for civilians The historical development and philosophical underpinnings of the modern law of occupation Beginning of occupation a Protected persons b Administration of occupied territory c Rules on protected persons and persons deprived of their liberty i Protected persons ii Persons deprived of their liberty d End of occupation e Problems regarding long-term occupation Rules on the treatment of civilians in non-international armed conflicts Conclusion Targeting Introduction The philosophical underpinnings of the law of targeting The basic rule: Article 48 of Additional Protocol I Military objects and objectives a “Objects” and “objectives” b Nature, location, purpose, use i Nature ii Location iii Purpose iv Use c Destruction, capture or neutralisation d Circumstances ruling at the time e Definite military advantage Additional rules on targeting military objectives a Indiscriminate attacks b Proportionality c Precautions in attack and defence i Precautions in attack ii Precautions in defence Specific rules on targeting certain types of objects a Cultural property b The environment c Medical facilities d Works and installations containing dangerous forces e Objects necessary for the survival of the civilian population f Civil defence, non-defended localities and demilitarised zones Dual use objects – a new category in the law of targeting? A note on the kaw of targeting in non-international armed conflicts Conclusion Means and Methods of Warfare Introduction The general rules – the prohibitions on causing unnecessary suffering and superfluous injury, and on indiscriminate means and methods The obligation to assess the legality of new means and methods of warfare Specifically prohibited weapons and restricted weapons a Explosive and dum-dum bullets b Mines and booby-traps i Booby-traps ii Landmines c Incendiary weapons neighbouring states, conflicts between State A and armed group X, spillover into State B and, 81–82 Netherlands, distinctive emblem proposal by, 137n.104 neutralisation criteria, law of targeting, 169–170 neutrality, principle of hors de combat principle and, 120–121 law of armed conflict and, 46–47 perfidy in misuse of neutral status, 212–214 protective emblems and, 134–136 Nigeria, detention of civilians in non-international armed conflict and, 159–161 non-combatants See also civilians; hors de combat principle civilian participants in hostilities as, 109–113 espionage and, 219–220 irregulars not entitled to, 98–113 medical and religious personnel as, 128–129 mercenaries as, 100–102 POW status for, 97 prisoners of war as, 113–118 spies as, 98–99 “unlawful” combatants as, 102–105 non-defended localities, targeting of, 188–190 non-detectable fragments, restrictions on, 205–206 non-governmental organisations dissemination of information responsibilities and, 262–263 law of armed conflict and, 253–255 non-guided weapons, law of targeting and, 172–174 non-international armed conflicts accountability in international criminal law and, 264–265 Additional Protocol II applications for, 17–19 armed group conflict with territorial state as, 75 civilian treatment in, 159–161 classification of, 50–51, 85 combatant status for participants in, 96–97 dissemination of information responsibilities in, 262–263 escalation into international armed conflict, 73–74 foreign military intervention in, 73–75 foreign support for territorial state and, 74 implementation, enforcement and accountability of laws in, 262–265 intensity and organisational criteria for, 63–66 international/non-international armed conflict distinction in treaty law and, 37–38 law of armed conflict and, 58–71, 256–265 law of targeting, 192–193 limitations of Common Article concerning, 67 Nicaragua test for indirect intervention in, 76–77 perfidy, acts of during, 213n.148 rules on caring for wounded, sick and shiprecked in, 124–125 scope and application of law in, 34–36 spatial scope of applicability in, 34–36 special agreements in, 263 between State A and armed group X, spillover into State B, 81–82 between State A and armed group X based in State B, fighting in B only, 82–83 between State A and armed group X based in State C, fighting in various states, 83–85 between State A and group X based in State B, 80–81 transnational armed conflicts as, 79–85 unilateral undertakings and commitments and, 263–264 non-state actors detention of civilians in non-international armed conflict and, 159–161 landmine prohibitions and, 201–205 private military and security contractors and, 105–109 scope and application of law in law of armed conflict and, 34–36 nuclear weapons, states in possession of, 223n.239 Nuclear Weapons Advisory Opinion (ICJ), 183–185, 195–198, 223–226 nuclear weapons restrictions, 223–226 nullum crimen sine lege principle, 142–144 Nuremberg Tribunal, 20–23 dead or missing persons at, 125–128 individual criminal responsibility in, 245–248 “objects” and “objectives” in law of targeting, 167–168 dual use objects, 191–192 specific objects, targeting rules on, 179–192 survival-oriented objects, 187–188 occupation See also law of occupation administration of occupied territory, 149–150 armed conflict and, 54 end of, 155 long-term occupation, 155–159 in non-international armed conflicts and, 159–161 Occupying Power (OP) administration of occupied territory by, 149–150 civilian protections and, 142 internment of civilians by, 154–155 law of targeting and, 178–179 long-term occupation by, 155–159 treatment of protected persons by, 151–153 Official Graves Registration Service, 125–128 Ohlin, Jens David, 102–105 On the Law of War and Peace (Grotius), 4–5 On War (Clausewitz), 164–165 Operational Code of Conduct for the Nigerian Armed Forces, 159–161 Operation Allied Force, 191–192 Operation Bodyguard, 212–214 Operation Cast Lead, 212–214, 221–223 Operation Desert Storm, 220–221 Operation Fortitude, 212–214 opinio juris international humanitarian law and, 36–37 non-international armed conflict and, 256–262 Oppenheim, L A., 19–27, 58–61 organisational criteria for armed conflict, 63–66 partisan and resistance fighters command responsibility, 91–92 Organisation of African Unity (OAU), 100–102 Ottawa Convention, 201–205 reparations for armed conflict violations in, 252–253 “overall control” test, for intervention in armed conflict, 77–79 Oxford Manual of Laws of War on Land (1880), 9–10, 89, 237–240 Pakistan, conflict between State A and armed group X based in State C, fighting in various states and, 83–85 Palestine Liberation Organisation, 17 wars of national liberation and, 56n.41 Palestinian Territory, Israeli occupation of, 155–159 parachutists in distress, rules involving, 218–219 partisan fighters combatant status, 91–93 disciplinary system for, 91–92 distinctive sign for, 92 peacetime measures, armed conflict and, 237–240 perfidy, acts of, 212–214 Permanent Court of Arbitration, establishment of, 11–12 Permanent Court of International Justice, 20–23 Pfanner, Toni, 240–243 Pictet, Jean, 32–34 piracy, non-international armed conflicts and, 60–61 places of worship, targeting of, 179–183 “PlayStation Effect”, drone warfare and, 229–233 Pohl case, 125–128 poison chemicals, restrictions and prohibitions on, 209–210 Polisario Front, 205 precautions in attack and defence law of targeting and, 175–179 prohibited methods of warfare and, 211–220 prevention, duty of, neutrality principle and, 46–47 prisoners of war (POWs) Additional Protocol I applications for, 17 as combatants, 113–118 conditions of captivity rules for, 116–117 criteria, privileges, and responsibilities of, 88–89 determination of status, 113–114 Geneva Convention III and, 13–16, 34–36 information dissemination to, 117–118 levée en masse participation, 95–96 monitoring by protecting powers and ICRC, 117–118 non-combatant status of, 97, 113–118 partisan and resistance fighters as, 91–93 penal and disciplinary proceedings concerning, 117 repatriation of, 117–118 spies denied status as, 98–99 status of, 87–88 treatment of, 114–118 war crimes and grave breaches against, 245–247 private military and security contractors (PMSCs) combatant status of, 105–109 data on, 106n.105 property rights, administration of occupied territory during, 149–150 proportionality, principle of law of armed conflict and, 44–45 law of targeting and, 164–165, 174–175 Prosecutor v Akayesu, 34–36, 250–252 Prosecutor v Blaškić, 73–74, 142–144 Prosecutor v Delalić et al, 154–155 Prosecutor v Kordić & Čerkez, 73–74 Prosecutor v Kupreškić et al, 235–237 Prosecutor v Nahimana, 250–252 Prosecutor v Rajić, 73–74 Prosecutor v Tadić, 34–36, 52–54, 63–66, 142–144, 147–149, 229–233 protected persons identification in law of occupation of, 147–149 internment of, 154–155 rules on treatment of, 151–153 Protecting Powers information dissemination and monitoring obligations, 117–118 internment restrictions and, 154–155 penal and disciplinary proceedings, 117 protected persons criteria and, 151–153 protective emblems for cultural property, 179–183 for dangerous works and installations, 185–187 international law sources on, 138–139 misuse of, 138–139 perfidy in misuse of, 212–214 rules concerning, 132–139, 192–193 “protective” usage principle, 138–139 Public Committee Against Torture in Israel v The Government of Israel, 109–113 Quintin, Anne, 240–243 rape as genocide, jurisprudence concerning, 250–252 as torture, ICTY ruling on, 23–25 Rapporteur to Committee III, 183–185 Rasul v Bush, 104–105 Red Crescent symbol, origins of, 134–136 Red Cross and Red Crescent Movement designation of protective emblems by, 132–139 historical evolution of, 6–7 Red Shield of David emblem and, 136–137 Red Cross symbol, historical origins of, 132–133 Red Crystal emblem, 137–138 Red Lion and Sun emblem, 134–136 Red Shield of David emblem, 136–137 regional human rights treaties, law of armed conflict and, 253n.128 religious personnel and institutions law of targeting and, 192–193 protection for, 128–129 reparations, for armed conflict violations, 252–253 repatriation, right of prisoners of war to, 117–118 Report on US Practice, 171–172 residual mechanisms, International Criminal Tribunal for Rwanda and, 23–25 resistance fighters Additional Protocol I applications for, 17 combatant status for, 91–93 disciplinary system for, 91–92 distinctive sign for, 92 principle of humanity and, 47–48 respect, obligations concerning, 235–237 responsible command principle, in armed conflict, 67–71 Ridlon, Daniel, 105–109 “right of initiative” principle, armed conflict and, 240–243 Rogers, A P V., 179–192 Rome Statute for the International Criminal Court crimes against humanity and genocide and, 247–248 dead or missing persons provisions, 125–128 indiscriminate attacks in, 195–198 international criminal law and, 20–23 law of targeting and, 174–175, 179–183 military necessity principle and, 43–44 “no quarter” orders prohibited in, 212 perfidy as war crime in, 212–214 pillage restrictions in, 215–216 targeting in non-international armed conflicts and, 192–193 unnecessary suffering and superfluous injury in, 195–198 war crimes and grave breaches and, 245–247 RTS bombing, ICTY ruling on, 179–192 Ruegger, Paul, 136–137 “rules of engagement” (ROE) cards, 238–239 Rumsfield v Padilla, 104–105 ruses of war, perfidious acts distinguished from, 212–214 Russia-Japan war of 1905, 12 Russo–Turkish Wars, 134–136 Rwanda, transnational armed conflict and, 72–73 St Petersburg Declaration of 1868, 8–9 explosive and dum-dum bullets in, 200–201 law of targeting and, 171–172 unnecessary suffering and superfluous injury rules and, 45–46, 195–198 Salame v IDF Commander of Judea and Samaria, 154–155 Sandinista government, Nicaragua test for indirect intervention and, 76–77 San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 40–41 Sassòli, Marco on care of wounded and sick, 128 on customary international law, 38–40 on international criminal law, 250–252 law of armed conflict and, 30–32, 34–36 on Protecting Powers duties, 240–243 Schmitt, Michael, 163 Second Protocol to the Cultural Property Convention, 179–181 Senegal, African Union and, 25–27 Serbia and Montenegro, Tadić test for intervention in armed conflict in, 77–79 “settled jurisprudence” principle, Tadić test for intervention in armed conflict and, 77–79 sexual violence, as torture, ICTY ruling on, 23–25 ships, landmine restrictions concerning, 201–205 shipwrecked, rules on caring for, 13–16, 89–97, 121–125 missing or dead persons and, 127–128 “should have known” test, command responsibility and, 248–250 sick, rules on caring for, 13–16, 89–97, 121–125, 128 medical goods and objects, hospitals, ambulances and hospital ships protections for, 129–132 pillage of, prohibition on, 215–216 siege warfare, restrictions on, 214–215 Six Day War of 1967, 155–159 soft law instruments international humanitarian law and, 36–37 as law of armed conflict source, 40–41 table of, xviii–xix Solis, Gary, 52–54, 186n.120, 229–233 Sommaruga, Cornelio, 137–138 South Africa, apartheid regime in, 17 Southern Rhodesia, white minority government in, 17 sovereignty armed conflict and issues of, 67–71 international criminal law and, 250–252 non-international armed conflicts and, 58–71, 256–262 Spanish Civil War armed conflict provisions and legacy of, 61–67 Geneva Conventions of 1949 and, 37–38 spatial scope of application, law of armed conflict and, 34–36 Special Court for Sierra Leone, 25–27, 31–32, 215–216 as soft law, 40–41 special protection criteria, targeting of cultural property and, 179–183 Special Tribunal for Lebanon, 25–27 spies, denial of combatant status for, 98–99 Srebenica massacre, Tadić test for intervention in armed conflict and, 77–79 stare decisis doctrine, soft law and, 40–41 state practices customary international law and, 38–40 detention of civilians in non-international armed conflict and, 159–161 international humanitarian law and, 36–37 non-international armed conflicts and, 58–71, 256–262 private military and security contractors and, 105–109 “unlawful” combatants and, 102–105 state responsibility conditions of captivity for POWs and, 116–117 international criminal law and, 19–27 legality of newly-developed weapons, determination of, 199 levée en masse participation and, 95–96 reparations for armed conflict violations and, 252–253 respect obligations and, 235–237 scope and application of law in law of armed conflict and, 34–36 Tadić test for intervention in armed conflict and, 77–79 wars of national liberation and, 54–58 Strugar case, civilian participation in hostilities and, 112–113 stun grenades, defined, 206n.95, 206 Sudan, transnational armed conflict and, 72–73 superfluous injury prohibition on causing, 45–46 warfare means and methods rules and, 195–198 white phosphorus restrictions and, 221–223 Supreme Court (US), “unlawful” combatants and rulings of, 102–105 table of cases, xv–xvi table of treaties, xvii–xviii Tadić test, for intervention in armed conflict, 77–79 Taliban fighters, as prisoners of war, 113–114, 116–117 Tallinn Manual on the International Law of Cyber Warfare, 40–41 Targeted Killings case, 109–113 targeting, law of basic principles, 163 civil defence, non-defended localities and demilitarised zones, 188–190 cultural property, 179–183 dangerous works and installations, 185–187 definite military advantage principle, 171–172 destruction, capture or neutralisation and, 169–170 drone warfare and, 229–233 dual use objects in, 191–192 environmental targets, 183–185 indiscriminate attacks, 172–174 location of objects criteria, 168–169 medical facilities and, 185 nature of objects criteria, 168–169 in non-international armed conflicts, 192–193 “objects” and “objectives” in, 167–168 objects necessary for survival, 187–188 philosophy of, 164–165 precautions in attack, 175–178 proportionality and, 164–165, 174–175 Protocol I Article 48 and, 165–166 purpose of objects criteria, 168–169 specific object rules, 179–192 survival-oriented objects, 187–188 use of objects criteria, 168–169 Taylor, Charles, 25–27 temporal scope applicability, law of armed conflict and, 34–36 territorial control, in armed conflict, 67–71 territorial states armed groups supported by foreign states in, 75 foreign military support for armed groups in, 75 foreign state support for, 74 indirect intervention in armed conflict in, 76–79 private military and security contractors and, 105–109 Tokyo Tribunal, 20–23 individual criminal responsibility in, 245–248 torture, customary international law and, 38–40 transnational armed conflicts, 79–85 between armed groups and State A, 80 between State A and armed group X, spillover into State B, 81–82 between State A and group X based in State B, 80–81 treachery, perfidy as, 212–214 treaty law armed conflict and, 85 combatant status in, 89–97 customary international law and, 38–40 international humanitarian law and, 36–37 international/non-international armed conflict distinction and, 37–38 law of armed conflict and, 34–40, 50–51 non-international armed conflicts and, 256–262 table of treaties, xvii–xviii Uganda, transnational armed conflict and, 72–73 UK Manual on the Law of Armed Conflict, 221–223 UN Convention on the Prohibition of Military or any other Use of Environmental Modification Techniques (ENMOD), law of targeting and, 183–185 unilateral undertakings and commitments and, in non-international armed conflicts, 263–264 United Kingdom IRA armed conflict with, 63–66, 84n.200 non-international armed conflicts and, 58–60 United Nations law of armed conflict and, 253–255 nuclear weapons issues and, 223–226, 224n.241 war vs armed conflict and, 51–52 United Nations Security Council law of armed conflict and, 253–255 sanctions imposed by, 262–265 war crimes in former Yugoslavia and, 23–25 United States conflict between State A and armed group X based in State C, fighting in various states and, 83–85 Nicaragua test for indirect intervention by, 76–77 unlawful combatant status and, 102–105 unity of territory, principle of, law of armed conflict and, 34–36 unlawful combatants, status of, 102–105 unmanned aerial vehicles (UAVs) See drone warfare UN Mercenaries Convention, 100–102 unnecessary suffering non-detectable fragments and, 205–206 prohibition on causing, 45–46 warfare means and methods rules and, 195–198 white phosphorus restrictions and, 221–223 US Army Field Manual 2007, 128–129 US v List, 43–44 Vattel, Emmer de, 179–181 Vietnam War, cluster munitions in, 207–208 von Martens, Georg Friedrich, 4–5, 19–20, 144–146 VRS forces, Tadić test for intervention in armed conflict in, 77–79 Vukovar massacre, 124–125 war crimes dead or missing persons and, 125–128 in former Yugoslavia, 23–25 indiscriminate attacks as, 195–198 individual responsibility for, 245–247 international criminal law and, 19–27 jurisprudence concerning, 250–252 military necessity principle and, 43–44 "no quarter" orders as, 212 perfidy as, 212–214 pillage as, 215–216 rules on caring for wounded, sick and shiprecked and, 124–125 targeting in noninternational armed conflicts and, 192–193 unnecessary suffering and superfluous injury as, 195–198 warfare means and methods belligerent reprisals, 216–218 biological/bacteriological weapons, 210–211 blinding laser weapons, 206 chemical weapons and poison, 209–210 cluster munitions, 207–208 defined, 195 depleted uranium, 220–221 drone warfare, targeted killing and, 229–233 espionage and, 219–220 explosive and dum-dum bullets, 200–201 explosive remnants of war, 207 general rules concerning, 195–198 incendiary weapons, 205 indeterminate/contested status and, 220–234 legality of newly developed weapons, 199 mercenaries, restrictions on use of, 216–218 mines and booby-traps, 201–205 non-detectable fragments, 205–206 "no quarter" orders prohibited, 212 nuclear weapons in, 223–226 parachutists in distress and, 218–219 perfidy, acts of, 212–214 pillage, 215–216 prohibited methods, 211–220 siege warfare and starvation of civilians, 214–215 specifically prohibited and restricted weapons, 200–211 white phosphorus and, 221–223 war on terror, conflict between State A and armed group X based in State C, fighting in various states and, 83–85 wars, armed conflict vs., 32–34, 51–52 wars of national liberation Additional Protocol I applications, 17 armed conflict and, 54–58 combatant status under, 93–95 weapons declarations See also specific weapons biological/bacteriological weapons, 210–211 blinding laser weapons in, 206 chemical weapons and poison in, 209–210 cluster munitions in, 207–208 depleted uranium restrictions and, 220–221 explosive remnants of war in, 207 incendiary weapons, 205 non-detectable fragments in, 205–206 nuclear weapons, 223–226 St Petersburg Declaration of 1868 and, 8–9 specifically prohibited and restricted weapons, 200–211 warfare means and methods, legality of newly-developed weapons, 199 white phosphorus and, 221–223 West Bank, long-term Israeli occupation of, 155–159 white phosphorus, restrictions on, 221–223 willful killing, as war crime, 245–247 Working Group of Committee III, 171–172 World War II laws of targeting and, 164–165, 172–174 perfidious acts during, 212–214 wounded medical goods and objects, hospitals, ambulances and hospital ships protections for, 129–132 pillage of, prohibition on, 215–216 rules on caring for, 13–16, 89–97, 121–125, 128 Yugoslavia, break-up of, 23–25 Zimbabwe, transnational armed conflict and, 72–73 ... the Former Yugoslavia IHL International Humanitarian Law IJIL Indian Journal of International Law ILA International Law Association ILC International Law Commission IMT International Military Tribunal... 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