Armed Conflict and International Law: In Search of the Human Face

1. Front Matter

   Pages i-xxiv

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2. In Search of Humanitarian Principles

   1. Front Matter

      Pages 1-1

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   2. Fighting by the Principles: Principles as a Source of International Humanitarian Law

      • Jeroen C. van den Boogaard

      Pages 3-31

   3. Chivalry: A Principle of the Law of Armed Conflict?

      • Terry Gill

      Pages 33-51

   4. Military Robots and the Principle of Humanity: Distorting the Human Face of the Law?

      • Hanna Brollowski

      Pages 53-96

   5. Some Reflections on Self-defence as an Element in Rules of Engagement

      • Frits Kalshoven, Thyla Fontein

      Pages 97-113

   6. The Current Relevance of the Recognition of Belligerency

      • Sasha Radin

      Pages 115-152

3. The Human Face by Topic

   1. Front Matter

      Pages 153-153

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   2. In Search of a Human Face in the Middle East: Addressing Israeli Impunity for War Crimes

      • Jeff Handmaker

      Pages 155-168

   3. Doctors in Arms: Exploring the Legal and Ethical Position of Military Medical Personnel in Armed Conflicts

      • Brigit Toebes

      Pages 169-194

   4. Saving the Past, Present and Future. Thoughts on Mobilising International Protection for Cultural Property During Armed Conflict

      • Pita J. C. Schimmelpenninck van der Oije

      Pages 195-230

   5. Watching the Human Rights Watchers

      • Roelof Haveman

      Pages 231-256

4. Making it Real: In Search of Ways to Apply Justice

   1. Front Matter

      Pages 257-257

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   2. Armed Conflict and Law Enforcement: Is There a Legal Divide?

      • Charles Garraway

      Pages 259-283

   3. Friend or Foe? On the Protective Reach of the Law of Armed Conflict

      • Jann K. Kleffner

      Pages 285-302

   4. Seeking the Truth About Serious International Human Rights and Humanitarian Law Violations: The Various Facets of a Cardinal Notion of Transitional Justice

      • Théo Boutruche

      Pages 303-325

   5. La responsabilité pénale des autorités politiques pour des crimes de droit international humanitair (DIH)

      • Eric David

      Pages 327-338

   6. Discrepancies Between International Humanitarian Law on the Battlefield and in the Courtroom: The Challenges of Applying International Humanitarian Law During International Criminal Trials

      • Rogier Bartels

      Pages 339-378

This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

• human perspective
• human rights law
• international criminal law
• international humanitarian law
• law of armed conflict

• The Hague, Netherlands

  Mariëlle Matthee

• , Faculty of Law,, University of Groningen, Groningen, Netherlands

  Brigit Toebes

• , Faculty of Law, University of Groningen, Groningen, Netherlands

  Marcel Brus

Mariëlle Matthee is a freelance researcher and writer. Brigit Toebes is a Lecturer in International Law at the University of Groningen, the Netherlands. Both Mariëlle Matthee and Brigit Toebes were colleagues of Avril McDonald at the T.M.C. Asser Instituut in The Hague and worked closely with her on several projects. Marcel Brus is Professor of Public International Law at the University of Groningen, at the department where Avril worked during the last years of her life.

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