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Belligerent Reprisals from Enforcement to Reciprocity

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Belligerent Reprisals from Enforcement to Reciprocity

Belligerent Reprisals from Enforcement to Reciprocity

A New Theory of Retaliation in Conflict
Francesco Romani, Geneva Academy of International Humanitarian Law and Human Rights
December 2024
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    Description

    This book challenges the traditional understanding of belligerent reprisals as a mechanism aimed at enforcing the laws of armed conflict. By re-instating reciprocity at the core of belligerent reprisals, it construes them as tools designed to re-calibrate the legal relationship between parties to armed conflict and pursue the belligerents' equality of rights and obligations in both a formal and a substantive sense. It combines an inquiry into the conceptual issues surrounding the notion of belligerent reprisals, with an analysis of State and international practice on their purpose and function. Encompassing international and non-international armed conflicts, it provides a first comprehensive account of the role of reprisals in governing legal interaction during wartime, and offers new grounds to address questions on their applicability, lawfulness, regulation, and desirability. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

    • Explores the purposes and function of belligerent reprisals, to better inform policy choices and reforms in the use, regulation or prohibition of the mechanism
    • Provides an up-to-date depiction of the national and international practice on belligerent reprisals
    • Suggests new methodologies and answers to resolve long-standing questions on the applicability and features of belligerent reprisals in non-international armed conflicts
    • This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details

    Product details

    December 2024
    Adobe eBook Reader
    9781108934923
    0 pages
    This ISBN is for an eBook version which is distributed on our behalf by a third party.

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    Contents

    Table of Contents

    • Introduction
    • 1. Reciprocity and countermeasures: competing paradigms to understand belligerent reprisals
    • 2. The development of belligerent reprisals as an enforcement tool
    • 3. The resilience of the reciprocity paradigm
    • 4. Belligerent reprisals in International armed conflict: a case-study in chemical attacks and the 'war of the cities' during the Iran-Iraq war (1980–1988)
    • 5. Belligerent reprisals in Non-international armed conflict: conceptual issues
    • 6. Belligerent reprisals in Non-International armed conflict: a quest for equilibrium
    • Conclusion: the implications of the new formalization of belligerent reprisals
    • Appendix
    • Bibliography
    • Index.
      • Show more
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    About the authors
      Author
    • Francesco Romani , Geneva Academy of International Humanitarian Law and Human Rights

      Francesco Romani is a Research Fellow at the Geneva Academy of International Humanitarian Law and Human Rights, where he coordinates the IHL Expert Pool. He is also Visiting Professor on international responsibility and litigation at the Law Faculty of Lille Catholic University and holds a Ph.D. in International Law from the Graduate Institute of International and Development Studies. His research interests include international humanitarian law, human rights and cultural heritage law.

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