The Modern Law of Land Warfare

Morris Greenspan

• Publisher: University of California Press
• Year: 2023
• Print ISBN: 9780520345881
• eBook ISBN: 9780520345898
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

The Modern Law of Land Warfare provides a comprehensive and systematic account of the current international legal framework governing warfare on land. This work draws from the transformative events of World War II, subsequent conflicts like the Korean War, the evolution of warfare technologies, and the landmark Geneva Conventions of 1949. By integrating these developments with pre-existing legal frameworks, the book aims to create an ordered and cohesive restatement of the law of war. Its purpose is to ensure clarity and accuracy in understanding the rules of engagement, their application to legitimate and illegitimate conflicts, and the necessity of maintaining these principles even in the face of new and destructive military technologies.

The text underscores the continued relevance of the law of war in a world where conflicts persist despite the aspirations of the United Nations Charter. Highlighting the essential function of war in resolving disputes that elude other means, the author details the circumstances under which war is lawful and the application of wartime rules, regardless of the legality of the conflict itself. Addressing contemporary challenges such as nuclear and mass destruction weapons, the book advocates for the refinement of these laws to prevent their misuse. As a rigorously documented and impartial resource, this work serves as both a practical guide and a foundational reference for scholars, legal practitioners, and policymakers navigating the complexities of modern warfare and international law.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1959.

Table of contents

• Cover
• Title
• Copyright
• CONTENTS
• I THE PLACE OF LAW IN WAR
• II WAR BEGINS
• III THE ARMED FORCES
• IV THE WOUNDED, SICK, AND DEAD OF THE ARMED FORCES
• V PRISONERS OF WAR
• VI THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR
• VII OCCUPATION OF TERRITORY, MILITARY GOVERNMENT, AND CIVIL AFFAIRS
• VIII ENEMY PROPERTY
• IX METHODS AND INSTRUMENTS OF WARFARE
• X INTERCOURSE BETWEEN BELLIGERENTS
• XI MEANS OF ENFORCEMENT OF THE LAWS OF WAR
• XII THE PUNISHMENT OF WAR CRIMES
• XIII NEUTRALITY IN PRESENT-DAY WAR
• XIV THE LAWS OF NEUTRALITY IN LAND WARFARE
• XV MEANS AND EFFECTS OF TERMINATION OF WAR
• XVI CIVIL AND COLONIAL WAR
• Appendix I DRAFT AGREEMENT RELATING TO HOSPITAL ZONES AND LOCALITIES (ANNEX I TO GENEVA CONVENTION I, 1949) (See Article 23 of that convention.) DRAFT AGREEMENT RELATING TO HOSPITAL AND SAFETY ZONES AND LOCALITIES (ANNEX I TO GENEVA CONVENTION IV, 1949) (See Article 14 of that convention.)
• Appendix II REGULATIONS CONCERNING COLLECTIVE RELIEF (ANNEX III TO GENEVA CONVENTION III, 1949) (See Article 73 of that convention.)
• Appendix III MODEL AGREEMENT CONCERNING DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR (ANNEX I TO GENEVA CONVENTION III, 1949) (See Article 110 of that convention.)
• Appendix IV REGULATIONS CONCERNING MIXED MEDICAL COMMISSIONS (ANNEX II TO GENEVA CONVENTION III, 1949) (See Article 112 of that convention.)
• Appendix V DRAFT REGULATIONS CONCERNING COLLECTIVE RELIEF (ANNEX II TO GENEVA CONVENTION IV, 1949) (See Article 109 of that convention.)
• Appendix VI THE HAGUE RULES OF AIR WARFARE, 1923
• LIST OF CASES CITED IN TEXT AND FOOTNOTES
• LIST OF TREATIES CITED IN TEXT AND FOOTNOTES
• BIBLIOGRAPHY OF WORKS REFERRED TO IN THE TEXT AND FOOTNOTES
• INDEX