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Article: Contextualized legal reviews for the methods and means of warfare: Cave combat and international humanitarian law

TitleContextualized legal reviews for the methods and means of warfare: Cave combat and international humanitarian law
Authors
Issue Date2006
PublisherColumbia Law School. The Journal's web site is located at http://www.columbia.edu/cu/jtl/
Citation
Columbia Journal Of Transnational Law, 2006, v. 44 n. 2, p. 453-519 How to Cite?
AbstractThis Article takes an in-depth look at Article 36 of the First Additional Protocol to the Geneva Conventions, and asserts that its phrase "in some or all circumstances" requires states parties to review the legality of their weapons and methods of warfare in light of both normal and expected uses. This would include use in the context of caves and bunkers, as such warfare has become more common in the past few years. Part I of this Article provides the theoretical framework for international humanitarian law (IHL) and contextualism. Part II's survey of state practices suggests Article 36 legal reviews currently do not consider context as they should. Part III demonstrates how some weapons' legality may shift depending on the setting in which they are used, thus emphasizing the importance of context in legal reviews. Indeed, the confined, opaque space of caves and bunkers makes the weapons and methods used there prone to violate the IHL principles of discrimination and humanity, as well as the IHL prohibitions of poisoning and asphyxiation. Contextualized legal reviews are necessary to ensure that both the spirit and letter of IHL prevail.
Persistent Identifierhttp://hdl.handle.net/10722/155979
ISSN
2015 Impact Factor: 0.878
2015 SCImago Journal Rankings: 0.238

 

DC FieldValueLanguage
dc.contributor.authorFry, JDen_US
dc.date.accessioned2012-08-08T08:39:19Z-
dc.date.available2012-08-08T08:39:19Z-
dc.date.issued2006en_US
dc.identifier.citationColumbia Journal Of Transnational Law, 2006, v. 44 n. 2, p. 453-519en_US
dc.identifier.issn0010-1931en_US
dc.identifier.urihttp://hdl.handle.net/10722/155979-
dc.description.abstractThis Article takes an in-depth look at Article 36 of the First Additional Protocol to the Geneva Conventions, and asserts that its phrase "in some or all circumstances" requires states parties to review the legality of their weapons and methods of warfare in light of both normal and expected uses. This would include use in the context of caves and bunkers, as such warfare has become more common in the past few years. Part I of this Article provides the theoretical framework for international humanitarian law (IHL) and contextualism. Part II's survey of state practices suggests Article 36 legal reviews currently do not consider context as they should. Part III demonstrates how some weapons' legality may shift depending on the setting in which they are used, thus emphasizing the importance of context in legal reviews. Indeed, the confined, opaque space of caves and bunkers makes the weapons and methods used there prone to violate the IHL principles of discrimination and humanity, as well as the IHL prohibitions of poisoning and asphyxiation. Contextualized legal reviews are necessary to ensure that both the spirit and letter of IHL prevail.en_US
dc.languageengen_US
dc.publisherColumbia Law School. The Journal's web site is located at http://www.columbia.edu/cu/jtl/en_US
dc.relation.ispartofColumbia Journal of Transnational Lawen_US
dc.titleContextualized legal reviews for the methods and means of warfare: Cave combat and international humanitarian lawen_US
dc.typeArticleen_US
dc.identifier.emailFry, JD:jamesfry@hkucc.hku.hken_US
dc.identifier.authorityFry, JD=rp01244en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.scopuseid_2-s2.0-33645754415en_US
dc.identifier.volume44en_US
dc.identifier.issue2en_US
dc.identifier.spage453en_US
dc.identifier.epage519en_US
dc.publisher.placeUnited Statesen_US
dc.identifier.scopusauthoridFry, JD=36890649300en_US

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