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CONTEMPORARY CHALLENGES TO THE LAWS OF WAR The laws of war are facing new challenges from emerging technologies and changing methods of warfare, as well as the growth of human rights and international criminal law. International mechanisms of account- ability have increased and international criminal law has greater rele- vance in the calculations of political and military leaders, yet perpetrators often remain at large and the laws of war raise numerous normative, structural and systemic issues and problems. This edited collection brings together leading academic, military and professional experts to examine the key issues for the continuing role and relevance of the laws of war in the twenty-rst century. Marking Professor Peter Rowes contribution to the subject, this book re-examines the purposes of the laws of war and asks whether existing laws found in treaties and customs work to achieve these purposes and, if not, whether they can be xed by specic reforms or wholesale revision. caroline harvey is a solicitor specialising in international law and obtained her PhD under Professor Peter Rowes supervision. james summers is Lecturer in Law at the University of Lancaster, where he teaches international law, peoplesrights and the law of international institutions. nigel d. white is Professor of Public International Law at the University of Nottingham. www.cambridge.org © in this web service Cambridge University Press Cambridge University Press 978-1-107-06355-6 - Contemporary Challenges to the Laws of War: Essays in Honour of Professor Peter Rowe Edited by Caroline Harvey, James Summers and Nigel D. White Frontmatter More information

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CONTEMPORARY CHALL ENGE STO THE LAWS OF WAR

The laws of war are facing new challenges from emerging technologiesand changing methods of warfare, as well as the growth of human rightsand international criminal law. International mechanisms of account-ability have increased and international criminal law has greater rele-vance in the calculations of political and military leaders, yet perpetratorsoften remain at large and the laws of war raise numerous normative,structural and systemic issues and problems. This edited collectionbrings together leading academic, military and professional experts toexamine the key issues for the continuing role and relevance of thelaws of war in the twenty-first century. Marking Professor Peter Rowe’scontribution to the subject, this book re-examines the purposes of thelaws of war and asks whether existing laws found in treaties and customswork to achieve these purposes and, if not, whether they can be fixedby specific reforms or wholesale revision.

caroline harvey is a solicitor specialising in international law andobtained her PhD under Professor Peter Rowe’s supervision.

james summers is Lecturer in Law at the University of Lancaster, wherehe teaches international law, peoples’ rights and the law of internationalinstitutions.

nigel d. white is Professor of Public International Law at the Universityof Nottingham.

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CONTEMPORARY

CHALLENGES TO THE

LAWS OF WAR

Essays in Honour of Professor Peter Rowe

Edited by

CAROL INE HARVEY

JAME S SUMMER S

and

N IGE L D . WH I TE

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University Printing House, Cambridge CB2 8BS, United Kingdom

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It furthers the University’s mission by disseminating knowledge in the pursuit ofeducation, learning and research at the highest international levels of excellence.

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© Cambridge University Press 2014

This publication is in copyright. Subject to statutory exceptionand 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 2014

Printed in the United Kingdom by Clays, St Ives plc

A catalogue record for this publication is available from the British Library

Library of Congress Cataloguing in Publication dataContemporary challenges to the laws of war : essays in honour of Professor Peter

Rowe / edited by Caroline Harvey, James Summers, Nigel D. White.pages cm

ISBN 978-1-107-06355-6 (hardback)1. War (International law) I. Rowe, P. J. (Peter J.) honouree.

II. Harvey, Caroline, 1977 – editor. III. Summers, James, 1974 – editor.IV. White, N. D., 1961– editor.

KZ6385.C67 2014341.6–dc232014018500

ISBN 978-1-107-06355-6 Hardback

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accurate or appropriate.

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CONTENTS

List of contributors page viiForeword by Judge Sir Christopher Greenwood xvPreface xixList of abbreviations xxi

1 Introduction 1james summers

2 Army Legal Services and academia 30a. p. v. rogers and gordon risius

i Structural and systemic aspects of the laws of war 49

3 Development of new rules or application of more thanone legal regime? 51dieter fleck

4 ‘It’s a bird! It’s a plane! It’s a non-international armedconflict!’: cross-border hostilities between statesand non-state actors 71lindsay moir

5 Security Council mandates and the use of lethal force bypeacekeepers: what place for the laws of war? 95nigel d. white

6 The relationship of international humanitarianlaw and war crimes: international criminal tribunalsand their statutes 117robert cryer

ii Effective protection? 147

7 The future of Article 5 tribunals in the light of experiencesin the Iraq War 2003 149nicholas mercer

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8 Direct participation and the principle of distinction:squaring the circle 169charles garraway

9 Droning on: some international humanitarian law aspectsof the use of unmanned aerial vehicles in contemporaryarmed conflicts 191david turns

10 Does the law of targeting meet twenty-first-centuryneeds? 216william boothby

11 International humanitarian law and the protectionof civilians from the effects of explosive weapons 235maya brehm

12 The International Committee of the Red Crossand the initiative to strengthen legal protection for victimsof armed conflicts 268michael meyer

iii Responsibility and accountability 283

13 Corporate criminal responsibility for war crimes and otherviolations of international humanitarian law: the impactof the business and human rights movement 285alex batesmith

14 The trial of prisoners of war by military courts in modern armedconflicts 313peter rowe

15 The ‘right to conduct one’s own defence in person’and a ‘fair and expeditious trial’ before the ICTY: an impossiblebalancing act? 337caroline harvey

Index 361

vi contents

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CONTRIBUTORS

alex batesmith is a visiting fellow of the British Institute ofInternational and Comparative Law. Alex spent ten years as a criminalbarrister in Leeds and five years as an international prosecutor forthe United Nations in Kosovo and Cambodia. He now works as anindependent consultant advising governments, companies andother organisations in international criminal law, human rights andtransitional justice. He has a particular interest in business and humanrights and conflict resolution, and is a qualified mediator. He is marriedwith one daughter and lives in Manchester.

william (bill) boothby retired in July 2011 as the Deputy Directorof Legal Services for the Royal Air Force after thirty years as a member ofits Legal Branch. He took his doctorate at the University of Frankfurt(Oder) in Germany in 2009 and in the same year published his first book,Weapons and the Law of Armed Conflict. In 2012, he published The Lawof Targeting and in 2014, he published Conflict Law. He was a member ofthe UK delegation to the Oslo negotiations in 1997 that produced theOttawa Convention on anti-personnel landmines, was from 2000 to2006 a member of the UK delegation to the Conventional WeaponsConvention negotiations at the UN, Geneva and has been a member ofthe Groups of Experts that prepared the Harvard Manual on the Law ofAir and Missile Warfare and the Tallinn Manual on the Law of CyberWarfare. He speaks and publishes regularly on a variety of internationallaw issues and teaches at Royal Holloway, University of London and theAustralian National University, Canberra.

maya brehm is researcher on weapons law at the Geneva Academy ofInternational Humanitarian Law and Human Rights and works as anindependent consultant on disarmament issues. She holds an MA ininternational relations and an LLM in international humanitarian law.Prior to joining the Geneva Academy, she conducted research on

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explosive weapons, including cluster munitions, for the United NationsInstitute for Disarmament Research (UNIDIR) and authored the studyProtecting Civilians from the Effects of Explosive Weapons: An Analysis ofInternational Legal and Policy Standards (2012). Previously, she was aprotection delegate with the International Committee of the Red Cross,and worked with civil society organisations and think tanks in the field ofarms control and disarmament.

robert cryer is Professor of International and Criminal Law atthe University of Birmingham. His major teaching and research interestsare in international law and criminal law. In addition to a number ofarticles and book chapters he is the author of Prosecuting InternationalCrimes: Selectivity and the International Criminal Law Regime(Cambridge University Press, 2005) and co-author (with Håkan Friman,Darryl Robinson and Elizabeth Wilmshurst) of An Introduction toInternational Criminal Law and Procedure, 2nd edn (CambridgeUniversity Press, 2010) and (with Neil Boister) The Tokyo InternationalMilitary Tribunal: A Reappraisal (2008). He also co-edited (with NeilBoister)Documents on the Tokyo International Military Tribunal (2008).He is co-editor of the Journal of Conflict and Security Law.

dieter fleck is former Director, International Agreements andPolicy, Federal Ministry of Defence, Germany; Honorary President,International Society for Military Law and the Law of War; member ofthe advisory board of the Amsterdam Centre for International Law; andmember of the editorial board of the Journal of InternationalPeacekeeping.

charles garraway served for thirty years as a legal officer in theUK Army Legal Services, initially as a criminal prosecutor but latterlyas an adviser in the law of armed conflict and operational law.He represented the Ministry of Defence at numerous internationalconferences and was part of the UK delegations to the First ReviewConference for the 1981 Conventional Weapons Convention, thenegotiations on the establishment of an International Criminal Courtand the Diplomatic Conference that led to the 1999 Second Protocol tothe 1954 Hague Convention on Cultural Property. He was also thesenior army lawyer deployed to the Gulf during the 1990–1 Gulf conflict.Whilst still serving, he taught international humanitarian law at King’sCollege London as well as acting as Course Director on the military

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courses run by the International Institute of Humanitarian Law, SanRemo. On retirement, he spent three months in Baghdad working forthe Foreign Office on transitional justice issues and six months as asenior research fellow at the British Institute of International andComparative Law before taking up the Stockton Chair in InternationalLaw at the United States Naval War College, Newport, Rhode Island inAugust 2004 for the year 2004/5. He was a visiting professor at King’sCollege London from 2002 to 2008, teaching the law of armed conflict,and an associate fellow at Chatham House from 2005 to 2012. He iscurrently a fellow at the Human Rights Centre, University of Essex andwas awarded an honorary doctorate by the university in 2012. InDecember 2006, he was elected to the International HumanitarianFact-Finding Commission under Article 90 of Additional Protocol I tothe Geneva Conventions of 1949, of which he is now a Vice-President.He worked for the British Red Cross from 2007 to 2011 and now worksas an independent consultant. He was appointed CBE in 2002. He hasworked on a number of expert groups including the ICRC projects on‘direct participation in hostilities’ and ‘occupation’ as well as theHarvard program on humanitarian policy and conflict research projecton air and missile warfare. He is currently General Editor of the UnitedKingdomManual on the Law of Armed Conflict and carries out a numberof consultancies for government and international organisations,including the Commonwealth Secretariat. In 2011, he chaired theCommonwealth Working Group that updated the CommonwealthModel Law on the International Criminal Court.

caroline harvey studied law at the universities of Keele andLancaster. She completed both her LLM and PhD under theinspiration and supervision of Peter Rowe, and was his last doctoralcandidate. Caroline qualified as a solicitor in 2008 after interningwith the ICTY and the Gulf Region Advocacy Center in Houston,Texas and is in private practice. She has published on a variety ofissues, including the decisions of German-speaking courts on warcrimes, procedural fairness in arbitration proceedings and is the UKcorrespondent to the Yearbook of International Humanitarian Law.Caroline recently completed a post-doctoral fellowship at the Instituteof European and Comparative Law at the University of Oxford, in thecourse of which she published an article in the European Review ofContract Law and a book chapter, both on the subject of comparativecontract law.

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nicholas mercer was educated at St Andrews University andOxford University. Admitted as a solicitor in 1990 and commissionedinto the Army Legal Service in 1991, he served in Northern Ireland,Bosnia Herzegovina, Cyprus and Germany and was the Command LegalAdviser for the IraqWar 2003 with the HQ 1st (UK) Armoured Division.He has been a member of the teaching staff of the International Instituteof Humanitarian Law, San Remo since 2001. He left the Army in 2011 asa Lieutenant Colonel and was ordained in Salisbury Diocese a week afterleaving the Army. He has extensive experience in the law of armedconflict and human rights both on the battlefield and in the classroomand has lectured extensively on the subject at defence academies andother forums. He was named the Liberty Human Rights Lawyer of theYear 2011–12 for ‘integrity and courage in the face of the dissemblingand denial of human rights abuses in Iraq 2003’.

michael meyer OBE is head of international law at the BritishRed Cross. He has worked for the British National Society for over thirtyyears and is a specialist in international humanitarian law as well as inthe protective emblems and in principles and laws relevant to theInternational Red Cross and Red Crescent Movement. Michaelhas served on government and Red Cross/Crescent delegations tointernational meetings, and represents the British Red Cross on theUnited Kingdom Inter-departmental Committee on InternationalHumanitarian Law. He has also been a member of the governingbodies of the International Institute of Humanitarian Law and of theUK Group of the International Society for Military Law and theLaw of War.

lindsay moir is Professor of International Law and DeputyDirector of the McCoubrey Centre for International Law at theUniversity of Hull. He holds degrees from the University of Edinburgh(LLB) and the University of Cambridge (LLM, PhD) and joined theUniversity of Hull Law School as a lecturer in 1997, becoming Professorof International Law in 2005, and serving as Head of the Law Schoolfrom 2009 to 2012. He has written widely on various aspects of theinternational laws of armed conflict, with publications including TheLaw of Internal Armed Conflict (Cambridge University Press, 2002) andReappraising the Resort to Force: International Law, Jus ad Bellum andthe War on Terror (2010).

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gordon risius was Tony Rogers’ successor as Director of ArmyLegal Services from 1997 to 2003. Following the court martial reformsintroduced by the Armed Forces Act 1996, he also became in 1997 thefirst Prosecuting Authority for the Army, and was appointed CB in 2000.Having been authorised in 1992 to sit in the Crown Court as a Recorder,he became a Circuit Judge in 2003 on his retirement from the Army,when he was seconded temporarily to the Immigration Appeal Tribunalin London as a Vice-President, before moving in 2005 to ReadingCrown Court to sit in crime. He is currently the Resident Judge at OxfordCrown Court following his appointment there in 2010. The followingyear he was elected the Honorary Recorder of Oxford. He is also a seniorjudge of the Sovereign Base Areas Court in Cyprus. He was active from1988 in the UK Group of the International Society for Military Lawand the Law of War and latterly in its parent Society, of which he is nowan Honorary President, and additionally as an instructor at theInternational Institute of Humanitarian Law in San Remo. He wasalso Deputy Colonel Commandant of the Adjutant General’s Corps from2004 to 2009.

a. p. v. rogers was Director of Army Legal Services from 1994 to 1997and was awarded the OBE in 1985. He is an honorary president of theInternational Society for Military Law and the Law of War. Followingretirement from the Army, he became a fellow, later a senior fellow, ofthe Lauterpacht Centre for International Law at the University ofCambridge until he retired from the Centre in 2011. He lectured on thelaw of armed conflict in the LLM course at the Cambridge Law Facultyfrom 2000 to 2009 as an affiliated lecturer, and held the title YorkeDistinguished Visiting Fellow from 2003 to 2009. He was also a fellow,later visiting fellow, of the Human Rights Centre at the University ofEssex from 1999 to 2007. He was a member of the InternationalHumanitarian Fact-Finding Commission from 2001 to 2006, becoming avice-president. Having drafted many of its chapters and been involved inmuch of its revision over the years, he was eventually appointed thegeneral editor of the UK Ministry of Defence Manual of the Law ofArmed Conflict (2004). He has published many articles on the law ofarmed conflict, but his principal publication is the prize-winning Law onthe Battlefield, currently in its 3rd edition (2012).

peter rowe is Professor Emeritus at the University of Lancaster.He has also taught at the University of Liverpool where he was professor

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and head of the Department of Law from 1988 to 1993. He has beenchairman of the UK Group of the International Society for Military Lawand the Laws of War. He was the Inaugural Sir Ninian Stephen VisitingScholar at the Asia Pacific Centre for Military law, Faculty of Laws,University of Melbourne (June–July 2003). His main research interestslie in the fields of military law and the international laws of war, and therelationship between them on which he has published a number ofarticles and book chapters. His latest book is The Impact of HumanRights Law on Armed Forces (Cambridge University Press, 2006). He hasgiven lectures to military legal officers over many years, both in the UKand abroad.

james summers is a graduate of Helsinki University and is alecturer in international law at the University of Lancaster. A secondedition of his book Peoples and International Law was published in 2013.He is also the editor of Kosovo: A Precedent? (2011). He is currentlyworking on a text, cases and materials book to be published in 2015.

david turns is Senior Lecturer in International Laws of ArmedConflict at the Defence Academy of the United Kingdom (CranfieldUniversity). He was previously a lecturer in law at the University ofLiverpool (1994–2007) and also taught at the London School ofEconomics (1990–4). He has been on the visiting faculty of theInternational Institute of Humanitarian Law, San Remo since 1997.In 2002, he was a visiting professor at the Institute for International Lawand International Relations, University of Vienna. Since 2008, he hasbeen the Chairman of the UK National Group of the InternationalSociety for Military Law and the Law of War. He has extensiveexperience of teaching international law to military officers in differentparts of the world. He has given many conference papers andpublished widely on a variety of topics in public international law.

nigel d. white is Professor of Public International Law at theUniversity of Nottingham and formerly Professor of International Lawat the University of Sheffield. He has held a chair since 2000 and anacademic post since 1987. In addition to publishing over sixty articlesand essays, many in leading journals and collections, he is co-author andauthor of eight books. He is sole author of Keeping the Peace (1997), TheUN System: Toward International Justice (2002), The Law ofInternational Organisations (2005) and Democracy Goes to War: British

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Military Deployments under International Law (2009). He recentlyco-authored Collective Security: Law, Theory and Practice (2013) withNicholas Tsagourias. He is also editor and co-editor of eight collections,including The UN, Human Rights and Post-Conflict Situations (2005),European Security Law (2007), International Law and Dispute Settlement(2010), International Organizations and the Idea of Autonomy (2011)and Counter-Terrorism: International Law and Practice (2012). He isco-editor of the Journal of Conflict and Security Law, which is in itseighteenth year.

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FOREWORD BY JUDGE SIR CHRISTOPHERGREENWOOD

It is a great pleasure to contribute this brief foreword to the presentcollection of essays. There are at least three reasons why that is so. First,the collection honours Peter Rowe, a friend and colleague for manyyears. Peter Rowe’s contribution to the laws of war has been of enormousvalue. His book Defence: The Legal Implications broke new ground in theacademic writing on the subject by bringing together in one volume aconsideration of the international law of war and UK military law,thereby anchoring the consideration of international law in the legalframework within which the practitioners of that law – the servicemenand women called upon to apply it in combat – are required to operate.That essentially practical approach is also evident in Peter Rowe’s owncontribution to the present volume, which considers the relationshipbetween the legal framework for the trial by a state of its own servicepersonnel and the way in which such a state complies with its interna-tional law obligations regarding the trial of prisoners of war for warcrimes and offences committed after capture. His later book, The Impactof Human Rights Law on Armed Forces, again went to the heart ofimportant practical issues, including the relationship between interna-tional human rights law and the laws of war (a subject which theInternational Court of Justice has had to face three times in the lasttwenty years). At the time that book appeared, I was counsel for theSecretary of State for Defence in two cases arising out of the conflict inIraq (Al-Skeini and Al-Jedda) then pending before the House of Lords.The book was much used by all the legal teams.

Secondly, a glance at the list of contributors to the present volumeshows that the editors have succeeded in bringing together authors fromacademic, military and Red Cross backgrounds, as well as other walks oflife. The different perspectives thus brought to bear enhance the value ofthis volume. It is also particularly fitting in a tribute to Peter Rowe, whowas one of those who were instrumental in creating a series of seminars

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in which academics and practitioners with a shared interest in the laws ofwar took part. One product of that series was the book The Gulf War1990–91 in International and English Law, which Peter Rowe edited andwhich contained contributions from a range of authors similar to thatfound in the present volume. It is in part due to that continuing dialoguebetween the military and academic lawyers that discussion of the laws of

Peter Rowe, Emeritus Professor in the Law School, University of Lancaster

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war in the United Kingdom has never been detached from reality in theway that it has sometimes been in other communities.

Lastly, the present volume contains a wonderfully rich discussion of themost important issues confronting all of those involved with the laws of wartoday: whether those laws are capable of coping with the conditions ofmodern warfare, what relationship they have with international humanrights law and other branches of international law, how can their applica-tion be strengthened and what role they play in the various operationsundertaken with Security Council authorisation. Sixty years ago Sir HerschLauterpacht famously remarked that ‘if international law is at the vanishingpoint of law, the laws of war are at the vanishing point of international law’.This collection of essays is a timely reminder that those laws have notvanished yet and it holds the promise that they are unlikely to do so in theimmediate future, however great the challenge they face. Lauterpacht wouldhave been delighted.

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PREFACE

The increase in violence and conflict in the twenty-first century hasemphasised the importance of the laws of war, but has also raised theissue of their impotence as we witness increased unaddressed violationsof the laws, many of them shocking and horrific. First fashioned in anage of chivalry, can the laws of war continue to apply in an age ofextremes?

Although international mechanisms of accountability have increasedand international criminal law has greater relevance in the calculationsof political and military leaders when conducting warfare, perpetratorsoften remain at large; an ever-present reminder of a cycle of violencethat, without some form of reckoning, will not be broken.

Nevertheless, the laws of war are not coterminous with internationalcriminal law, nor are they subsumed by human rights law. As lex specialisapplicable in armed conflicts the laws of war raise numerous normative,structural and systemic issues and problems, the most significant ofwhich are discussed in this book by a range of military, academic andprofessional experts, brought together to mark Professor Peter Rowe’scontribution to the subject. Initial discussions and debates were heldduring a workshop at Lancaster University in September 2012.

The aim of this book is to consider the continuing role and relevanceof the laws of war in the twenty-first century. To understand this we needto re-examine the purposes of the laws of war and ask questions as towhether the existing laws found in treaties and customs work to achievethese purposes; if not, can they be fixed by specific reforms or do we needa wholesale revision? These questions are addressed by the contributors,some by focusing on specific issues of the protections provided bythe laws of war, others on broader structural and systemic issues. Thecontributors are drawn from both academia and practice, bringing theirdifferent perspectives to bear on the subject matter, and it is fittingthat the book starts with an account of the interface between these twobranches.

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Following from an Introduction, which contains an overview of thelaws of war and places the contributions within that framework, the bookcontains a number of chapters examining the role of the jus in bello andits place within the wider international legal order. These are followedby an examination of aspects of the relationship between the laws of waron the one hand, and international criminal law and human rights lawon the other. There then follow some specific chapters considering issuesof the protections provided by the laws of war by looking at targeting,weapons, the use of drones, combatant status and the protection of civilians.The aim is not to cover all areas, but to take a sample of contentious areaswhere the protections provided by the laws of war are under pressure,in order to test the law’s workability. The book then closes by looking atthe issues of responsibility and accountability for violations of the laws.By these means we will endeavour to find answers to one of the mostpressing issues of international law: whether the laws of war are fit forpurpose?

The editors would like to thank Lydia Davies-Bright for her editorialwork on the chapters.

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ABBREVIATIONS

AC Appeals CasesACHPR African Charter on Human and Peoples’ RightsACHR American Convention on Human RightsACLU American Civil Liberties UnionAJIL American Journal of International LawALS Army Legal ServicesAMISOM African Union Mission in SomaliaAO area of operationsAOAV Action on Armed ViolenceAP I Additional Protocol I to the Geneva ConventionsAP II Additional Protocol II to the Geneva ConventionsATS Alien Tort StatuteAU African UnionBOI board of inquiryBWC Biological Weapons ConventionBYBIL British Yearbook of International LawCCR Center for Constitutional RightsCCW Convention on Certain Conventional WeaponsCERD Convention on the Elimination of All Forms of Racial

DiscriminationCOMCAPREPS Common Capture ReportsCoW coalition of the willingCWC Chemical Weapon ConventionDALS Director of Army Legal ServicesDIME dense inert metal explosiveDPH direct participation in hostilitiesDPKO Department of Peacekeeping OperationsDRC Democratic Republic of the CongoDU depleted uraniumDUF directive on the use of forceECCC Extraordinary Chambers in the Courts of CambodiaECHR European Convention on Human RightsECtHR European Court of Human RightsEHRR European Human Rights Reports

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EJIL European Journal of International LawENMOD Convention on the Prohibition of Military or Any Other

Hostile Use of Environmental Modification TechniquesERW explosive remnant of warEWCA England and Wales (reports) Court of AppealEWHC England and Wales (reports) High CourtFOIA Freedom of Information ActGAOR General Assembly Official RecordsGC Geneva ConventionsGC III Third Geneva Convention Relative to the Treatment

of Prisoners of WarGC IV Fourth Geneva Convention Relative to the Protection

of Civilian Persons in Time of WarHMSO Her Majesty’s Stationery OfficeHPCR Humanitarian Policy and Conflict ResearchHRC Human Rights CouncilICC International Criminal CourtICCPR International Covenant on Civil and Political RightsICJ International Court of JusticeICL international criminal lawICLQ International and Comparative Law QuarterlyICRC International Committee of the Red CrossICTR International Criminal Tribunal for RwandaICTY International Criminal Tribunal for the former YugoslaviaICTY RPE Rules of Procedure and Evidence of the International Criminal

Tribunal for the former YugoslaviaIED improvised explosive deviceIFOR Implementation ForceIHL international humanitarian lawIHRL international human rights lawILC International Law CommissionILM International Legal MaterialsILR International Law ReportsIMT International Military TribunalIMTFE International Military Tribunal for the Far EastINEW International Network on Explosive WeaponsINTERFET International Force for East TimorIRRC International Review of the Red CrossISAF International Security Assistance ForceISO International Organisation for StandardisationJCE joint criminal enterpriseJCSL Journal of Conflict and Security Law

xxii list of abbreviations

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JDN Joint Doctrine NoteJICJ Journal of International Criminal JusticeKFOR Kosovo ForceLAR lethal autonomous robotLJIL Leiden Journal of International LawMLRS multiple launch rocket systemMNC multinational corporationMOAB massive ordnance air blastMOD Ministry of DefenceMONUSCO United Nations Organisation Stabilisation Mission in the

Democratic Republic of the CongoMRL multiple rocket launcherNATO North Atlantic Treaty OrganizationNGO non-governmental organisationNPT non-proliferation treatyOECD Organisation for Economic Cooperation and DevelopmentOIOS Office of Internal Oversight ServicesONUC United Nations Operation in the CongoOTP Office of the ProsecutorPDT pre-deployment trainingPJHQ Permanent Joint HeadquartersPKO peacekeeping operationPMSC private military and security companyPOW prisoner of warRoE Rules of EngagementRPE Rules of Procedure and EvidenceSALW small arms and light weaponsSCSL Special Court for Sierra LeoneSNCO senior non-commissioned officerSOFA Status of Forces AgreementSTL Special Tribunal for LebanonTCN troop-contributing nationTNC transnational corporationUAV unmanned aerial vehicleUCAV unmanned combat aerial vehicleUKSC United Kingdom Supreme CourtUNAMA United Nations Assistance Mission in AfghanistanUNAMSIL United Nations Assistance Mission in Sierra LeoneUNDP United Nations Development ProgrammeUNDPKO United Nations Department of Peacekeeping OperationsUNEF United Nations Emergency ForceUNGA United National General Assembly

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UNIDIR United Nations Institute for Disarmament ResearchUNOCI United Nations Operation in the Ivory CoastUNPROFOR United Nations Protection ForceUNSC United Nations Security CouncilUNTS United Nations Treaty SeriesVJIL Virginia Journal of International LawYIHL Yearbook of International Humanitarian LawWLR Weekly Law Reports

xxiv list of abbreviations

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