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Humanizing the laws of war : selected writings of Richard Baxter

A Biography of Richard BaxterGuide to Baxter’s Scholarship on Humanitarian LawThe Duty of Obedience to the Belligerent Occupant I. The inhabitant’s duty to the occupantAllegianceTemporary allegianceA duty of obedience created by international lawA duty of obedience imposed by municipal lawA duty of obedience based exclusively on the power of the occupantII. War treasonIII. War rebellionIV. The validity of the traditional conceptsV. ConclusionsSo-Called ‘Unprivileged Belligerency’: Spies, Guerrillas, and SaboteursI. International law applied to warII. Hostile conduct by persons not of the armed forces: SpiesIII. Hostilities in arms by persons not of the armed forces: GuerrillasIV. Other forms of hostile activity by persons not of the armed forcesV. ConclusionsThe Municipal and International Law Basis of Jurisdiction Over War Crimes International and municipal law applied to war crimesWar crimes and the part of international lawConstitutional Forms and Some Legal Problems of International Military Command I. Constitutional developmentThe Combined Chiefs of Staff and unified commands during the Second World WarOccupation administrationsUnited Nations forcesThe North Atlantic Treaty OrganizationThe European Defence CommunityII. Legal problems in time of peaceIII. Legal problems in time of warThe Geneva Conventions of 1949 The First Modern Codification of the Law of WarThe Pre-War YearsWartime ActivitiesThe Genesis of the CodeThe Existing Law of WarSources of the CodeThe Influence of the CodeForces for Compliance with the Law of War Third Session Friday, April 24, 1964, at 9:15 a.m.Forces for Compliance with the Law of War By R. R. BaxterComments of Benjamin FormanAssistant General Counsel, International Affairs, Department of DefenseComments of Professor Gordon B. BaldwinChair of International Law, Naval War CollegeComments of Colonel Howard S. Levie, U.S.A. (Ret.)Saint Louis University School of LawLegal Aspects of the Geneva Protocol of 1925 I. IntroductionII. The Prohibitory Scope of the Geneva Protocol of 1925A. Irritant ChemicalsThe History of the Chemical Warfare Prohibition in the Geneva ProtocolPost-1925 Practice Relating to the Geneva ProtocolConclusionB. Anti-Plant ChemicalsC. Bacteriological WarfareIII. “War” and “Warfare” within the Meaning of the Geneva ProtocolIV. The Existing Reservations by Other StatesV. Possible Legal Positions that Might be Taken on Irritant Chemicals and Anti-Plant ChemicalsThe Law of War in the Arab-Israeli Conflict: On Water and on Land A Skeptical Look at the Concept of TerrorismDiscussionSummationLegal Aspects of Arms Control Measures Concerning the Missile Carrying Submarines and Anti-Submarine Warfare The High SeasStraight BaselinesThe Territorial SeaStraitsOther Offshore AreasConsequences for Submarines and ASWSubmarines and ASW in Time of WarThe Law of WarLaw of Land WarfareLaw of Aerial WarfareThe Law of Naval WarfareThe Humanitarian Law of War in ChangePerspective—The Evolving Laws of Armed Conflicts Ius in Bello Interno: The Present and Future Law The Geneva Conventions of 1949 and Wars of National Liberation Humanitarian Law or Humanitarian Politics? The 1974 Diplomatic Conference on Humanitarian Law I. The Existing LawII. The Move Toward New LawIII. The Diplomatic ConferenceA. The Question of Participation and of RepresentationB. Wars of National Liberation as Governed by the International Law of WarC. Protection of Medical Personnel and TransportsD. Internal Armed ConflictsE. Protection of the Civilian Population Against the Effects of HostilitiesF. Prohibition or Restriction of Use of Various WeaponsIV. ConclusionsArmistices and Other Forms of Suspension of Hostilities The Conclusion of Agreements Suspending HostilitiesPersons Authorized to Conclude the AgreementsAre Agreements for the Suspension of Hostilities Treaties?Effects of Agreements for the Suspension of HostilitiesSome Problems of the Law of War After the Conclusion of an Agreement for the Suspension of HostilitiesThe Peculiar Nature of Agreements Concluded Under the Auspices of the United NationsViolations of Agreements for the Suspension of Hostilities: Sanctions and RemediesSelect BibliographyHuman Rights in War Modernizing the Law of War

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