Contemporary Challenges to the Laws of War: Essays in Honour of Professor Peter Rowe

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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 accountability have increased and international criminal law has greater relevance 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-first century. Marking Professor Peter Rowe's 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 fixed by specific reforms or wholesale revision. Cover Half-title page Title page Copyright page Contents Contributors Foreword by Judge Sir Christopher Greenwood Preface Abbreviations 1 Introduction 2 Army Legal Services and academia Part I Structural and systemic aspects of the laws of war 3 Development of new rules or application of more than one legal regime? 4 ‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors 5 Security Council mandates and the use of lethal force by peacekeepers: what place for the laws of war? 6 The relationship of international humanitarian law and war crimes: international criminal tribunals and their statutes Part II Effective protection? 7 The future of Article 5 tribunals in the light of experiences in the Iraq War 2003 8 Direct participation and the principle of distinction: squaring the circle 9 Droning on: some international humanitarian law aspects of the use of unmanned aerial vehicles in contemporary armed conflicts 10 Does the law of targeting meet twenty-first-century needs? 11 International humanitarian law and the protection of civilians from the effects of explosive weapons 12 The International Committee of the Red Cross and the initiative to strengthen legal protection for victims of armed conflicts Part III Responsibility and accountability 13 Corporate criminal responsibility for war crimes and other violations of international humanitarian law: the impact of the business and human rights movement 14 The trial of prisoners of war by military courts in modern armed conflicts 15 The ‘right to conduct one’s own defence in person’ and a ‘fair and expeditious trial’ before the ICTY: an impossible balancing act? Index