Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-c9gpj Total loading time: 0 Render date: 2024-07-08T15:08:09.188Z Has data issue: false hasContentIssue false

1 - The general framework

Published online by Cambridge University Press:  05 June 2012

Yoram Dinstein
Affiliation:
Tel-Aviv University
Get access

Summary

The present volume deals with the contemporary norms of LOIAC (the law of international armed conflict) under customary international law and treaties in force. The purpose is to present – and analyse – LOIAC neither as it was practised in the past nor as it may evolve in the future, but only as it is legally prescribed and actually implemented at present.

LOIAC constitutes a branch of international law, and as such it is binding on all belligerent States. LOIAC must be differentiated from Rules of Engagement (ROE) issued by various countries (sometimes by diverse commands in the same country), or by international organizations, and altered at will. ‘ROE may be framed to restrict certain actions or they may permit actions to the full extent allowable under international law’. Accordingly, a belligerent State – animated by political or other reasons of its own – may opt not to employ in given hostilities some destructive weapons the use of which is lawful under LOIAC (see infra, Chapter 3), or to avoid attacking singular targets constituting legitimate military objectives (see infra, Chapter 4). As long as it is acting within the powers vested in it by LOIAC, a belligerent State may at its discretion indulge in a degree of self-restraint. However, under no circumstances can a belligerent State – through ROE or otherwise – authorize its armed forces to commit acts which are incompatible with international obligations imposed by LOIAC.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2004

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The general framework
  • Yoram Dinstein
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511817182.002
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The general framework
  • Yoram Dinstein
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511817182.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The general framework
  • Yoram Dinstein
  • Book: The Conduct of Hostilities under the Law of International Armed Conflict
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511817182.002
Available formats
×