By Volker Epping (auth.), Professor Dr. Wolff Heintschel von Heinegg, Professor Dr. Volker Epping (eds.)

Recent armed conflicts, even if overseas or non-international in personality, are in lots of respects characterised via numerous asymmetries. those asymmetries could be overstressed, someday even abused, and eventually almost meaningless. nonetheless, both as such or together with different advancements, they appear to problem the legislation of armed conflicts or: overseas humanitarian legislation. those demanding situations may actually compromise the very functionality of that physique of legislations, that's to mitigate so far as attainable the calamities of conflict. therefore, the legislations of armed clash should be disadvantaged of its basic functionality as an order of necessity simply because its legally binding directives will more and more be omitted for the sake of allegedly greater values.

In order to debate those and different questions a such a lot unique crew of specialists within the box of the legislation of armed conflicts accumulated in Berlin in June 2005. The objective of that colloquium, which marked the seventieth birthday of Knut Ipsen, was once to discover operable strategies for difficulties and demanding situations the modern legislation of armed clash is faced with.

With contributions through invoice Boothby, Michael Bothe, Yoram Dinstein, Knut Dörmann, Charles J. Dunlap Jr., Volker Epping, Dieter Fleck, Steven Haines, Wolff Heintschel von Heinegg, Hans-Joachim Heintze, Rainer Hofmann, Frits Kalshoven, Stefan Oeter, W. Hays Parks, Michael Schmitt, Torsten Stein, and Andreas Zimmermann.

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234. See also discussion in CIHL, supra note 43, p. 15. Case law is supportive. , Mohammed Ali et al. v. Public Prosecutor (1968), [1969] AC 430, 449; Ex parte Quirin et. al. S. 1 (1942). PI, supra note 43, art. 3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly: (a) during each military engagement, and (b)during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.

23(f); 1906 Geneva Convention, arts. org/ihl; 1929 Geneva Convention, arts. org/ihl; GCI, supra note 50, arts. 39, 44, 53, 54; GCII, supra note 50, arts. 41, 44, 45; PI, supra note 43, art. 1; NWP 1-14M, supra note 59, para. 6; British Manual, supra note 79, para. 10(a). CIHL, supra note 43, Rule 59. , NWP 1-14M, supra note 59, para. ; Federal Ministry of Defense (Germany), Humanitarian Law in Armed Conflicts Manual (1992), sec. 640. Robert A. Pape, Blowing Up an Assumption, in: International Herald Tribune, May 19, 2005, p.

23(b). Perfidy is distinguished from ruses, which are acts intended to mislead an adversary and cause him to act recklessly, but which do not involve false claims of protected status. Ruses are lawful. HIVR, supra, art. 24; PI, supra note 43, art. 2. HIVR, supra note 50, art. 23(f). The reference is to the Geneva Convention of 1864. ) 612. CIHL, supra note 43, Chapter 18; International Military Tribunal (Nuremberg), Judgment and Sentences (1946), 41 American Journal of International Law 172, 218 (1947).

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