International Law and Policy on the Protection of Civilians

by Stuart Casey-Maslen, Tobias Vestner

Overview

This is the first comprehensive treatment of international law and policy on the protection of civilians in armed conflict. In addition to international humanitarian and human rights law, jus ad bellum, disarmament law, and international criminal law are all critical to civilian protection. The book offers in-depth analysis and explanation of the normative framework while also outlining and discussing the policies of concerned States and international and humanitarian organisations. The role of the United Nations as a key actor is considered along with regional organisations such as the African Union, the European Union, and NATO. Particular attention is given to those at direct risk of harm during armed conflict, including children, women, persons with disabilities, and LGBTI persons.

Product Details

ISBN-13:	9781009059657
Publisher:	Cambridge University Press
Publication date:	08/25/2022
Sold by:	Barnes & Noble
Format:	eBook
Sales rank:	722,000
File size:	4 MB

About the Author

Stuart Casey-Maslen is the author of The Right to Life under International Law (Cambridge University Press, 2021), the first comprehensive treatment of this fundamental right. He has worked in dozens of conflict-affected countries over the last thirty years and teaches at the University of Pretoria in South Africa on the Freedom from Violence in Africa Programme.
Tobias Vestner leads the Security and Law Programme at the Geneva Centre for Security Policy (GCSP). He teaches and researches on the intersection between security policy and international law and is Honorary Senior Research Fellow at the University of Exeter, Fellow at Supreme Headquarters Allied Powers Europe (NATO), and reserve Legal Advisor at the Swiss Armed Forces Staff.

Table of Contents

Introduction; Part I. The International Legal Framework: 1. Jus ad Bellum and the protection of civilians; 2. Protection of civilians under international humanitarian law; 3. Protection of civilians under human rights law; 4. The protection of refugees; 5. Disarmament law and the protection of civilians; 6. International criminal law and the protection of civilians; 7. The prohibition of sexual and gender-based violence; Part II. Specific Protection of Certain High-Risk Groups: 8. Protection of women in armed conflict; 9. Protection of children in armed conflict; 10. Protection of persons with disabilities in armed conflict; 11. Protection of older persons in armed conflict; 12. Protection of medical and humanitarian personnel; 13. Protection of internally displaced persons; 14. Protection of LGBTI civilians; Part III. State and Institutional Policies on the Protection of Civilians: 15. The United Nations and the protection of civilians; 16. NATO and the protection of civilians; 17. The African Union and the protection of civilians; 18. The European Union and the protection of civilians; 19. The ICRC and the protection of civilians; 20. Switzerland and the protection of civilians; 21. The United Kingdom and the protection of civilians; 22. The United States and the protection of civilians; 23. Brazil and the protection of civilians; 24. India and the protection of civilians; 25. Norway and the protection of civilians; 26. South Africa and the protection of civilians; 27. The future of protecting civilians; Conclusion; Appendices: Appendix 1. Overview of relevant international law; Appendix 2. The two types of armed conflict under International Humanitarian Law.

Editorial Reviews

‘International Law and Policy on the Protection of Civilians is a masterful guide to the multiple legal, political and normative influences that are transforming our understanding of obligations to protect civilians from violence. The result is a rich depiction not only of sources of civilian protection, but of the complex ways in which expectations evolve in a decentralised international system. Casey-Maslen and Vestner have rendered an invaluable service by preparing a volume that will be indispensable to state officials, military leaders, non-governmental organisations and anyone who cares about protecting the innocent from the ravages of conflict.' Mitt Regan, McDevitt Professor of Jurisprudence, Co-Director, Center on National Security, Georgetown Law Center

‘In this wide-ranging and meticulously researched book, Stuart Casey-Maslen and Tobias Vestner explain with remarkable clarity the many ways in which international organisations, states and non-state actors protect civilians in and outside of armed conflict. From classical international law on the use of force and international humanitarian law to the evolving landscape of state protection policies or frequently overlooked topics, such as protecting older people and persons with disabilities, this book offers the most systematic treatment of the Protection of Civilians concept to date. It promises to be a go-to resource for academics and practitioners for years to come.' Patryk I. Labuda, Assistant Professor of (International) Criminal Law, University of Amsterdam

‘Anyone who has had anything to do with ‘PoC' will know how hard it is to translate sincere intentions into meaningful actions. This book by Stuart Casey-Maslen and Tobias Vestner makes a major contribution to building a better understanding of the topic and improving implementation. Easy to read and impressive in scope, it disentangles compartmentalised thinking on PoC and doesn't duck the issue of where still more clarity is needed. For those seeking more light on the grey area of Protection of Civilians, this publication will have enduring relevance and will serve them well.' Adrian Foster, Major General (Retd), CMG MBE, previous Deputy Military Adviser, UN Peacekeeping; Acting/Force Commander of the UN peacekeeping mission in the Democratic Republic of the Congo

‘This book is an insightful resource on civilian protection for everyone, from students to seasoned practitioners. The analysis of contemporary practice, focus on the normative legal frameworks, and discussion of different PoC approaches across international and regional organisations make it a definitive source on the topic. It provides a fantastic foundation from which political and military leaders, practitioners and the next generation of protection advocates can continue the vital work of further developing the ability to protect civilians in future conflicts.' Marla B. Keenan, Adjunct Senior Fellow, Strengthening NATO's Ability to Protect, The Stimson Center

‘This book is important. It brings together and explicates the legal and policy architecture for Protection of Civilians that has been coming into focus over recent years. It is an important added value for anyone seeking to understand that architecture, and is a most welcome contribution to the literature.' Todd F. Buchwald, Professorial Lecturer in Law, George Washington University Law School, former Ambassador for Global Criminal Justice, United States Department of State

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