The Canadian Handbook on International Humanitarian Law

Throughout this new publication, the authors address the relationship between theory and practice, the implications and challenges of operating with partners and allies, and tensions between different state, civil society and critical perspectives.

Publication Language: English

Published: December 31, 2024

Publisher: LexisNexis Canada

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Book
$175.00
Preorder ISBN: 9780433528975

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Softcover | 466 pages

Canada’s approach to war has shaped the way in which it interprets and implements international humanitarian law (IHL), or the law of armed conflict as it is also called. The Canadian Handbook on International Humanitarian Law provides a useful “first stop” for the Canadian legal community on key topics in international humanitarian law, in a way which pays particular attention to Canadian sources, interpretations, applications and practices where they exist and are publicly available.

At the same time, given the iterative nature of the development of international law, especially customary international law, the book will also be useful to practitioners and scholars internationally. Indeed, despite the paucity of publicly available material, Canada has been a regular actor in this area of law and its contributions to the development of international humanitarian law should be highlighted.

Throughout The Canadian Handbook on International Humanitarian Law, the authors address the relationship between theory and practice, the implications and challenges of operating with partners and allies, and tensions between different state, civil society and critical perspectives. The authors aim to provide useful guidance and indicate Canadian resources for all engaged with international humanitarian law issues, from the field to the courtroom, and to the classroom.

The handbook also addresses the interplay between international humanitarian law and other relevant legal regimes, notably international human rights law and international criminal law. In a moment when international humanitarian law issues have garnered the attention of the public, as well as specialists, this handbook is timely and essential reading.

Topics Covered

  • Treaties
  • Customary International Law
  • Soft Law
  • International and Non-International Armed Conflict
  • Canada and Conflict Classification
  • Military Necessity
  • Protection of Civilian Populations from General Effects of Hostilities
  • Deprivation of Liberty
  • Missing Persons
  • Weapons, Means and Methods of Warfare: Cyberspace and Emerging Technology
  • Naval Warfare
  • The Role of States, Non-State Armed Groups and International Organizations
  • The Implementation of the Obligation to Respect and Ensure Respect for IHL by Canada
  • The Suppression and Repression of Violations of IHL
  • Criteria for Arms Transfers

Who Should Read This Book
Human rights lawyers, judges, IHL specialists in the Canadian Forces, charities, NGO’s, activists, law students and scholars will rely on this handbook to be the go-to source for international humanitarian law application and interpretation in Canada.

Chapter 1: Introduction

Chapter 2: Sources of International Humanitarian Law

Chapter 3: The Scope of Application of International Humanitarian Law

Chapter 4: Overarching Legal Principles

Chapter 5: Protection of Persons

Chapter 6: The Conduct of Hostilities

Chapter 7: Respecting and Ensuring Respect for the Law

Chapter 8: Interplay of International Humanitarian, Human Rights and Criminal Law

Index

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