The Gulf War of 1980-1988: The Iran-Iraq War in International Legal PerspectiveIger F. Dekker, Harry H. G. Post, Nederlands Instituut voor Sociaal en Economisch Recht This book deals with a number of the most important international legal aspects of the Gulf War of 1980-1988. To date, remarkably little attention has been paid to this war from the international legal perspective. However, the need to do so seems obvious. Many more States than the two belligerents have directly or indirectly become involved as a result, in particular, of the extensive activities of the belligerent parties which were detrimental to the shipping of non-participating States. Furthermore, even if the hostilities have finally come to an end, the international community will still have to cope with the international legal aftermath for a prolonged period of time. After all, the Gulf War of 1980-1988 has placed certain matters, which for a long time seemed to have lost their place of prominence, at the centre of interest for international lawyers, notably the law of neutrality and some areas of the law of international armed conflict, particularly the rules regarding the conduct of war. |
Contents
Comments | 3 |
Chapter | 8 |
A The Treaty of Erzeroum | 23 |
Summary and conclusion | 35 |
General comments | 41 |
G J Tanja | 44 |
legal implications of the IranIraq | 51 |
The right of selfdefence | 58 |
Chapter 5 | 153 |
Theory overview | 164 |
Assessing the rulemaking value of targeting criteria | 179 |
Iraqi tanker attacks and military objective | 185 |
Comments | 194 |
Neutrality at sea | 205 |
Comments | 212 |
Chapter 7 | 221 |
Comments | 71 |
Chapter 6 | 72 |
Comments | 91 |
Chapter 3 | 97 |
Repercussions in the outside world | 108 |
Comments | 115 |
Belligerent reprisals | 121 |
Kalshovens analysis | 124 |
Prisoners of war | 130 |
The question of the recruitment of childsoldiers | 137 |
Conclusion | 144 |
Measures taken by belligerents interfering with neutral commerce | 231 |
Measures taken by neutrals in order to enforce freedom of commerce | 237 |
Comments | 243 |
the crime | 249 |
crimes against peace | 261 |
Conclusions | 268 |
Comments | 274 |
The 19801988 Gulf War and the Islamic conception of international | 282 |
Selected Bibliography | 301 |
Table of Arbitrations and Judgments | 311 |
Other editions - View all
The Gulf War of 1980-1988:The Iran-Iraq War in International Legal Perspective T.M.C. Asser Instituut No preview available - 1992 |
Common terms and phrases
Additional Protocol adopted aggression agreement applicable armed attack armed conflict armed forces Article 51 Baghdad Baghdad Treaty belligerent boundary breach cease-fire chemical weapons civilian population combatants concerning customary law delimitation demarcation dispute effective enemy frontier functional targeting Geneva Conventions Gulf Gulf War Hague Hegelsom hostilities humanitarian law ibidem ICRC international law Iran and Iraq Iran-Iraq Iran-Iraq War Iran's Iranian Iraqi Islamic Kaikobad Kalshoven Keesing's Contemporary Archives l'Iran law of armed law of naval law of neutrality law of war legitimate loc.cit London Protocol maritime means of warfare measures merchant vessels military objective naval warfare obligations op.cit operations parties peace principle of proportionality prisoners prisoners of war prohibition protection provisions question relevant reprisals Resolution 598 right of self-defence rules Secretary-General Security Council Resolution Shatt-al-Arab tankers targeting criterion targeting theory Tehran territory Thalweg Thalweg principle Treaty of Erzeroum United Nations Charter violations visit and search