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1. ‘Direct Participation in Hostilities’

Author

Yoram Dinstein

Subjects
humanitarian law, direct participation, distinction, proportionality, Law of Europe, KJ-KKZ, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
Abstract

This is the text of a lecture, presented by Professor Yoram Dinstein at Tilburg University, outlining some key aspects of international humanitarian law as regards the principle of distinction; the principle of proportionality; direct participation in hostilities; drones; human shields; and private military contractors.

Published
2013
Full Text
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2. The Conduct of Hostilities under the Law of International Armed Conflict

Author

Yoram Dinstein

Subjects
Law, Political science, Armed conflict
Abstract

Written by the leading commentator on the subject, this is the seminal textbook on the law of international armed conflict. Focusing on recent issues arising in the course of hostilities between States, it explores the dividing line between lawful and unlawful combatants, the meaning of war crimes and command responsibility, the range of prohibited weapons, the distinction between combatants and civilians, the parameters of targeting and proportionality, the loss of protection from attack (including 'direct participation in hostilities') and special protection (granted, pre-eminently, to the environment and to cultural property). In a completely revised and updated text, the author expertly covers the key principles and includes important new issues, including the use of autonomous weapons and the complexities of urban warfare. The subtleties and nuances of the international law of armed conflict are made accessible to the student and practitioner alike, whilst retaining the academic rigour of previous editions.

Published
2022

7. The Protection of Minorities and Human Rights

Author

Yoram Dinstein, Mala Tabory, Yoram Dinstein, and Mala Tabory

Abstract

From the dawn of modern international law, manifold treaties (especially peace treaties) have recognized the rights of specific minorities in specific territories. Today -- with Eastern Europe once more in turmoil and with minority groups all over the world clamouring for recognition -- there is a growing awareness that, irrespective of the observance of the fundamental freedoms of individuals, minority groups have their legitimate interests that must be appreciated and accommodated. This collection of essays grew out of an international legal colloquium, held at the Faculty of Law of Tel Aviv University in March 1990. Some of the papers have already been published in volume 20 of the Israel Yearbook on Human Rights, but others are printed here for the first time. The authors come from different parts of the world and represent different legal backgrounds. They are by no means at one in their analysis of the human rights of minority groups, but they all share the sense that problems of minorities cannot be brushed aside or glossed over. It is not too hazardous to forecast that these problems will actually intensify in the 21st century. Whereas they cannot be solved through exclusively legal means, international and constitutional lawyers must do their utmost to identify flash points and to offer at least some prescriptive guidelines. This is the principal purpose of the present volume.

Published
2023

10. Section II: Cyber Operations

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
Cyberwarfare, International court, Interpretation (philosophy), Cyber operations, Political science, Section (typography), ComputerApplications_COMPUTERSINOTHERSYSTEMS, Advisory opinion, Nuclear weapon, Computer security, computer.software_genre, computer, Economic Justice
Abstract

At the time of composing the Oslo Manual, there were some fundamental differences of opinion among States as to the interpretation or acceptability of terms such as “cyber means of warfare”, “cyber methods of warfare”, and “cyber attacks”. The Group of Experts took cognizance of those differences of opinion but concluded, coherent with the view of the International Court of Justice, as expressed in the Nuclear Weapons Advisory Opinion that the cardinal principles of LOAC would apply to all forms of warfare. This includes cyber warfare.

Published
2020

11. Section XII: Surrender

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
Military personnel, Law, Political science, Section (typography), Surrender, Adversary, Quarter (United States coin)
Abstract

Enemy military personnel and civilians who have been directly participating in hostilities who manifest the intent to surrender and who comply with the additional requirements of Rules 103 and 104 arehors de combatand may not be denied quarter.

Published
2020

12. Section X: Civil Aviation and Civilian Airliners

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
Engineering, Aeronautics, business.industry, Section (archaeology), Civil aviation, business
Abstract

During an international armed conflict

Published
2020

13. Section III: Remote and Autonomous Weapons

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
On board, Aeronautics, Remote communication, ComputingMethodologies_SIMULATIONANDMODELING, Section (archaeology), Computer science, Remotely piloted aircraft, ComputerApplications_COMPUTERSINOTHERSYSTEMS, Human operator
Abstract

For the purposes of this Manual, a “remotely piloted aircraft” (RPA) is an aircraft that is controlled via a remote communication link by a human operator who is not located on board the aircraft.

Published
2020

14. Section XIII: Search and Rescue

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
Aeronautics, Section (archaeology), Political science, Armed conflict, Misfortune, Search and rescue
Abstract

For the purposes of this Manual, “Shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters during an armed conflict as a result of misfortune affecting them or the vessel, aircraft, or spacecraft carrying them.

Published
2020

15. Section XVII: International Criminal Law

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
Order (business), Section (archaeology), Political science, Law, Criminal responsibility, Criminal law, Armed conflict, War crime
Abstract

Those who decide upon, plan, order or execute military operations during an armed conflict bear individual criminal responsibility for war crimes they have committed.

Published
2020

16. Section XV: Cultural Property

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
Cultural heritage, History, Cultural property, Aesthetics, Section (archaeology), Immovable property
Abstract

“Cultural property” means movable or immovable property, whether secular or religious and irrespective of origin or ownership, which is of great importance to the cultural heritage of every people. Examples include buildings and other monuments of historic, artistic or architectural significance; archaeological sites; artworks, antiquities, manuscripts, books, collections thereof, and collections of reproductions thereof; scientific collections; and archives. The term “cultural property” extends to buildings whose main and effective purpose is to preserve or exhibit movable cultural property and to refuges intended to shelter it, as well as to centres containing a large amount of movable or immovable cultural property.

Published
2020

17. Section VI: Submarine Cables and Pipelines

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
Pipeline transport, Normalization property, Interference (communication), Section (archaeology), ComputerSystemsOrganization_COMPUTER-COMMUNICATIONNETWORKS, Submarine, Hardware_ARITHMETICANDLOGICSTRUCTURES, Geology, Marine engineering
Abstract

States, having laid submarine cables or pipelines, or whose nationals have laid and operate such cables and pipelines, are entitled to take protective measures with a view to preventing or terminating any harmful interference.

Published
2020

18. Section XVI: Natural Environment

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
Section (archaeology), Law, Political science, Armed conflict, ComputerApplications_COMPUTERSINOTHERSYSTEMS, Natural (archaeology)
Abstract

When planning and conducting military operations during an armed conflict, due regard should be given to the natural environment.

Published
2020

19. Section IV: Unmanned Maritime Systems

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
Weapon system, Engineering, Missile, Section (archaeology), business.industry, Systems engineering, business, Terminology
Abstract

To a certain extent, this Section overlaps some provisions of chapter “Section III: Remote and Autonomous Weapons” inasmuch as both Sections deal with unmanned systems. However, whereas chapter “Section III: Remote and Autonomous Weapons” addresses both unmanned platforms and weapon systems, the present Section focuses on unmanned maritime platforms that may or may not be integral parts of a weapon system. The maritime platforms and systems dealt with here must therefore be distinguished from automated weapon systems, in particular those for the defence of surface platforms against missile threats. Accordingly, the terminology used in this Section does not necessarily replicate that used in chapter “Section III: Remote and Autonomous Weapons”.

Published
2020

21. Section XIV: Humanitarian Assistance

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
Section (archaeology), Law, Political science, Civilian population
Abstract

Withholding of consent can be arbitrary if it is not compatible,inter alia,with other obligations under applicable principles and rules of LOAC, or if it is unreasonable given the needs of the civilian population in the prevailing circumstances.

Published
2020

22. Section VIII: Civilians Participating in Unmanned Operations

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
Section (archaeology), Political science, Context (language use), Computer security, computer.software_genre, computer
Abstract

In the context of armed conflict—whether international or non-international—civilians who conduct attacks using unmanned systems, including RPA and UMS, are directly participating in hostilities.

Published
2020

23. Section IX: Military Objectives by Nature

Author

Yoram Dinstein and Arne Willy Dahl

Subjects
Action (philosophy), Section (archaeology), Political science, Law and economics
Abstract

“Military objectives”, as far as objects are concerned, are those objects which by their nature, location, purpose or use, make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

Published
2020

24. Section V: Undersea Infrastructure, Systems and Devices

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
geography, Oceanography, geography.geographical_feature_category, Section (archaeology), Continental shelf, Territorial waters, Exclusive economic zone, Geology
Abstract

With due regard for the rights of other States, coastal States are entitled to install, operate and maintain undersea systems and devices, whether military or civilian in nature, in their territorial sea, continental shelf and EEZ.

Published
2020

25. Section XI: Destruction of Property

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
Property (philosophy), Military necessity, Section (archaeology), Public property, Business, Adversary, Law and economics
Abstract

It is specifically prohibited to destroy, damage or seize enemy private or public property unless such destruction is justified by military necessity under the principles and rules of LOAC.

Published
2020

26. Section I: Outer Space

Author

Arne Willy Dahl and Yoram Dinstein

Subjects
Section (archaeology), media_common.quotation_subject, Outer space, Geometry, Geology, media_common
Abstract

For the purposes of this Manual

Published
2020

28. Israel Yearbook on Human Rights, Volume 52 (2022)

Author

Yoram Dinstein and Yoram Dinstein

Subjects
Human rights
Abstract

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Published
2022

29. Israel Yearbook on Human Rights, Volume 51 (2021)

Author

Yoram Dinstein and Yoram Dinstein

Abstract

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Published
2021

32. Israel Yearbook on Human Rights, Volume 32 (2002)

Author

Yoram Dinstein, Fania Domb, Yoram Dinstein, and Fania Domb

Abstract

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).Volume 32 contains, amongst others, articles on the War on Terrorism.

Published
2021

34. Israel Yearbook on Human Rights, Volume 40 (2010)

Author

Yoram Dinstein, Fania Domb, Yoram Dinstein, and Fania Domb

Abstract

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Published
2021

37. Israel Yearbook on Human Rights, Volume 28 (1998)

Author

Fania Domb, Yoram Dinstein, Fania Domb, and Yoram Dinstein

Abstract

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 28 contains, amongst others, articles on Non-Belligerent Occupation; War Crimes in Internal Conflict; Disability Law in Israel and the United States - A Comparative Perspective.

Published
2021

43. Israel Yearbook on Human Rights, Volume 45 (2015)

Author

Yoram Dinstein and Yoram Dinstein

Abstract

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Published
2020

44. Israel Yearbook on Human Rights, Volume 50 (2020)

Author

Yoram Dinstein and Yoram Dinstein

Abstract

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Published
2020

45. Oslo Manual on Select Topics of the Law of Armed Conflict : Rules and Commentary

Author

Yoram Dinstein, Arne Willy Dahl, Yoram Dinstein, and Arne Willy Dahl

Subjects
Military law--Handbooks, manuals, etc, War and emergency legislation--Handbooks, manuals, etc
Abstract

This new open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.

Published
2020

47. Israel Yearbook on Human Rights, Volume 26 (1996)

Author

Yoram Dinstein, Fania Domb, Yoram Dinstein, and Fania Domb

Abstract

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 26 contains amongst others articles on The Essence of Democracy; Democracy in International Relations; The Threats to Democracy; and Democracy in Israel and the Palestinian Authority.

Published
2020

49. Israel Yearbook on Human Rights, Volume 49 (2019)

Author

Yoram Dinstein and Yoram Dinstein

Subjects
Human rights, Civil rights
Abstract

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Published
2019

50. The Crime of Aggression under Customary International Law

Author

Yoram Dinstein

Subjects
Tribunal, War of aggression, International Military Tribunal for the Far East, Crime of aggression, Political science, Law, World War II, Charter, Customary international law, International law
Abstract

INTRODUCTION The crime of aggression in international law is an extrapolation of an earlier concept of crimes against peace. Whatever designation is preferred, the gravamen is the same: individual penal accountability for acts committed on behalf of a State. In terms of the sphere of application of the crime of aggression and crimes against peace, this Chapter will show that – while the semantics have changed – the difference between them is more apparent than real. THE NUREMBERG LEGACY Crimes against peace entered the international legal vocabulary, for the first time, in the Charter of the International Military Tribunal (annexed to an Agreement done in London in 1945) for the prosecution of the major German criminals in World War II. Article 6(a) of the Charter defines crimes against peace as follows: “planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.” The London Agreement originally had as Contracting Parties the four principal Allied Powers in the War – the United States, the Union of Soviet Socialist Republics, the United Kingdom, and France – but later it was adhered to by nineteen additional Allied States. The London Charter served as the foundation for the Nuremberg trial before the International Military Tribunal. The nucleus of Article 6(a) was soon reiterated, with some variations, in Article II(1) of Control Council Law No. 10 (forming the legal basis of the so-called subsequent proceedings at Nuremberg, in which lower-level German criminals were tried by American military tribunals), and in Article 5 of the Charter of the International Military Tribunal for the Far East (issued in a Proclamation by General Douglas MacArthur, in his capacity as Supreme Commander of the Allied Powers in the region, and designed for the trial of the major Japanese criminals in World War II). In its Judgment of 1946, the International Military Tribunal at Nuremberg held that the text of Article 6(a) of the London Charter expressed modern international law, which regarded a war of aggression as a grave crime. Hence, the Tribunal rejected the argument that the provision amounted to ex post facto criminalization of the acts of the defendants in breach of the nullum crimen sine lege principle.

Published
2018

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