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Copyright (c) 1989 The American Society of International Law
American Journal of International Law

BOOK REVIEW: The Law of War. By Ingrid Detter De Lupis.

Cambridge University Press, 1987. Pp. xx, 411. $ 64.50, cloth; $ 24.95, paper.

January, 1989

83 A.J.I.L. 194




In her preface, Professor De Lupis explains that the title of her book, "using a singular rather than the more common term 'laws of armed conflict', is intended to indicate that there is now a homogeneous body of rules applicable to the modern state of war" (pp. xix-xx). This reviewer agrees completely with that premise -- but finds it unfortunate that the author did not thereafter confine herself to a discussion of that "homogeneous body of rules." To this reviewer, "the law of war" means the jus in bello, the prohibitions, restrictions and regulations applicable to the governments and armed forces of both sides in their conduct of hostilities, as well as to neutrals. To the author of this book, it appears to mean not only the homogeneous body of rules applicable in the conduct of hostilities, but many other areas of general international law such as democracy, friendly relations, terrorism, persons in international law, humanitarian intervention, prohibition of war, prevention of war, disarmament, peaceful settlement of disputes, etc., etc.

When reviewing a book, this reviewer has made it a practice to provide a general review and critique of the contents, perhaps concluding with two or three areas of disagreement, if there are any. This book contains a number of errors, misstatements, incorrect conclusions, etc., some important, some not so important.

In discussing the wording of common Article 2 of the 1949 Geneva Conventions 1 (pp. 12-13), which makes those Conventions applicable ...
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