Full Description
At various times in modern history, the international community has turned to international litigation as a hoped-for means of avoiding, ending, or dealing with the consequences of armed conflict; but until the past three decades, such litigation rarely had a significant impact. However, since the 1980s, international civil tribunals have become increasingly involved in armed conflicts, sometimes with important results. This book explores the recent cases in which the International Court of Justice and other tribunals have dealt with such situations. It assesses the manner in which these cases have been decided, the degree to which they have affected the resolution of the conflicts in question, and their contribution to the development of the applicable substantive law.
Contents
Table of Cases
Preface
Part I. The Involvement of International Civil Tribunals in
Armed Conflict
Chapter 1. The Role of International Civil Tribunals
1.1 Purposes served
1.2 Difficulties encountered
Chapter 2. Prior Cases Concerning Armed Conflict
2.1. Arbitrations during the 19th Century
2.2. The Hague Peace Conferences
2.3. The Post-World War I System
2.4. The Post-World War II System
2.5. Initial ICJ Cases Involving Armed Conflict
2.6. Assessment
Chapter 3. Involvement of Civil Tribunals in the Current Period
3.1. The Central American Conflict
3.2. The Iran-Iraq War
3.3. The Gulf War
3.4. The Conflict in Yugoslavia
3.5. Territorial Disputes
3.6. The Conflict in the Congo
3.7. The Eritrea-Ethiopia Conflict
3.8. The Arab-Israeli Conflict
3.9. The Conflict in Sudan
3.10. The Conflict in Georgia
3.11. Italian Suits Against Germany
3.12. Use of Nuclear Weapons
3.13. Assessment
Part II: The Process of Deciding Cases
Involving Armed Conflict
Chapter 4. Jurisdiction
I. The International Court of Justice
4.1. Declarations under Article 36(2)
4.2. Treaty provisions generally consenting to the
Court's jurisdiction
4.3. Treaty provisions consenting to jurisdiction
over disputes under that treaty
4.4. Cases brought with the specific consent of the
parties to the dispute
4.5. Advisory cases
II. Other Tribunals
4.6. The UN Compensation Commission
4.7. The Eritrea-Ethiopia Claims Commission
4.8. Assessment
Chapter 5. Admissibility
5.1. Objections to claims
5.2. Objections to counter-claims
5.3. Advisory cases
5.4. Assessment
Chapter 6. Provisional Measures
6.1 The framework for provisional measures
6.2 Types of provisional measures
6.3 Relationship to political processes
6.4 Assessment
Chapter 7. Determining the Facts on the Merits
7.1 The burden and standard of proof
7.2 Forms of evidence
7.3 Reliance on other fact-finders
7.4 Independent tribunal fact-finding
7.5 Assessment
Chapter 8. Adjudicating the Law on the Merits
8.1 Contentious cases
8.2 Advisory cases
8.3 Articulation of the law
8.4 What substantive issues the tribunal addresses
8.5 Interaction among tribunals
8.6 Interaction with non-judicial organs
8.7 Assessment
Chapter 9. Determining Relief
9.1 Legal findings
9.2 Remedial actions
9.3 Compensation
9.4 Assessment
Part III: Substantive Law Concerning Armed Conflict
Chapter 10. Resort to Force
10.1 Response to attacks by the forces of another state
10.2 Support or tolerance of non-state groups
10.3 Collective response to attacks
10.4 Necessity and proportionality in the use of force
10.5 Involvement of the Security Council
10.6 Issues not decided
10.7 Assessment
Chapter 11. Law of Armed Conflict
11.1. Applicability of agreements
11.2. Conduct of military operations
11.3. Treatment of persons
11.4. Responsibility for the actions of others
11.5. Assessment
Chapter 12. Application of Other Legal Norms
12.1. Genocide
12.2. Human rights obligations
12.3. Protection of diplomats
12.4. Commercial agreements
12.5. Assessment
Chapter 13. Territorial Status
13.1. Secession
13.2. Territorial claims
13.3. Occupied territory
13.4. Assessment
Conclusion
Selected bibliography
