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| 5. |
- Harrison Dinniss, Heather, 1973-
(author)
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Cyber Operations in Outer Space
- 2017
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In: Outer Space Law. - Woking, Surrey : Globe Law and Business. - 9781911078197 ; , s. 323-333
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Book chapter (other academic/artistic)
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| 6. |
- Hayashi, Nobuo, et al.
(author)
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Conclusion: The Hostage Case, Present Day Knowledge, and Future Implications
- 2023
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In: Honest Errors? Combat Decision-Making 75 Years After the <em>Hostage </em>Case. - The Hague : T.M.C. Asser Press. - 9789462656109 - 9789462656116 ; , s. 289-300
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Book chapter (peer-reviewed)abstract
- Seventy-five years after a US tribunal in Nuremberg acquitted Lothar Rendulic of devastating and forcibly evacuating Northern Norway, the Rendulic Rule stands firmly in international law. This concluding chapter summarises the anthology’s main historical, legal, and military-ethical findings. It provides an overview of the historical developments that culminated in the scorched earth tactics applied by the retreating German 20th Mountain Army under Rendulic’s command. It then discusses the preparations and legal peculiarities of the trial, as well as reactions to the judgment. The chapter shows that the case against Rendulic is arguably the wrong foundation for the no second-guessing rule, since he did not consider the complete devastation of Northern Norway and the forcible evacuation of its entire civilian population militarily necessary. Although the Rendulic Rule rests on meagre legal forensics, it has acquired legal significance in primary rules of conduct in the shape of the reasonable commander test in international humanitarian law and the mistake of fact defence in international criminal law. Numerous domestic, regional, and international courts and tribunals have applied the rule that nowadays has a strong legal standing. Yet, despite rapidly evolving military and information technology, reasonableness, empathy, and (institutional) bias in combat remain challenging issues
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| 7. |
- Hayashi, Nobuo, et al.
(author)
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Honest Errors in Combat Decision-Making : State of Our Knowledge 75 Years after the Hostage Case
- 2023
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In: Honest Errors? Combat Decision-Making 75 Years After the <em>Hostage </em>Case. - The Hague : T.M.C. Asser Press. - 9789462656109 - 9789462656116 ; , s. 3-21
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Book chapter (peer-reviewed)abstract
- Seventy-five years have passed since Hostage, a post-World War II case in which Lothar Rendulic was acquitted of Northern Norway’s devastation and forcible evacuation on account of his faulty yet honest judgment. This introductory chapter surveys the current state of our knowledge about honest errors in modern combat decision-making by synthesising the findings of the anthology’s contributing authors. First, contemporaneous sources suggest that Rendulic did not consider it militarily necessary to devastate the region in its entirety or to evacuate all of its residents by force. Second, even though Rendulic’s acquittal was factually contentious, it was arguably on firmer legal ground. His case has led to the emergence of an eponymous rule against second-guessing difficult combat decisions, the reasonable commander test in international humanitarian law and the mistake of fact defence in international criminal law. Third, assessing the reasonableness of battlefield errors remains challenging because of the limitations of modern information technology, the diminishing room for empathy in the soldierly profession, and the salience of institutional bias.
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| 8. |
- Hayashi, Nobuo
(author)
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Is the Nuclear Weapons Ban Treaty Accessible to Umbrella States?
- 2019
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In: Nuclear Non-Proliferation in International Law - Volume IV. - The Hague : T.M.C. Asser Press. - 9789462652668 - 9789462652675 ; , s. 377-394
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Book chapter (peer-reviewed)abstract
- This chapter asserts that States placing themselves under the umbrella of nuclear-weapon States may not join the 2017 Treaty on the Prohibition of Nuclear Weapons without being in breach with one of its core provisions. The author considers four questions: How did the Treaty come to include a prohibition on threatened use? What does the prohibition mean for threatened self-defensive use of nuclear weapons under jus ad bellum? Does the prohibition cover nuclear deterrence? Does threatening to use nuclear weapons include threatening to have these weapons used on one’s behalf by its nuclear-armed ally? Whilst promoting universal adherence clearly coheres with the Treaty’s object and purpose, it is doubtful whether such considerations warrant a narrow construal in the hope that umbrella States would accede to the treaty without having to abandon their dependence onextended nuclear deterrence.
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| 10. |
- Hayashi, Nobuo
(author)
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Weapons of Mass Destruction
- 2022
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In: Elgar Encyclopedia of Human Rights. - Cheltenham : Edward Elgar Publishing. - 9781789903614 - 9781789903621 ; , s. 556-566
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Book chapter (peer-reviewed)
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