This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.
Foreword Introduction PART I: Nature of International Humanitarian Law: restrictive or permissive? 1. Authority under IHL: what are we looking for? 2. Jus ad bellum and jus in bello 3. The principle of military necessity: restrictive or permissive? 4. Permissive Hague Law versus restrictive Geneva Law? 5. Overall Function of IHL PART II: The authority to intern during armed conflict 6. The authority to intern prisoners of war in international armed conflict 7. The authority to intern protected civilians in international armed conflict 8. The authority to intern in non-international armed conflict 9. The authority to intern in armed conflict and the right to liberty under IHRL PART III: The authority to target persons during armed conflict 10. The authority to target persons under IHL 11. The principle of proportionality under IHL: authority to launch attacks expected to cause non-excessive civilian losses? 12. The authority to target in armed conflict and the right to life under IHRL Conclusions Index
Anne Quintin, Head of the Advisory Service on International Humanitarian Law, International Committee of the Red Cross