Honest Errors? Combat Decision-Making 75 Years After the Hostage Case PDF Download
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Author: Nobuo Hayashi
Publisher: T.M.C. Asser Press
ISBN: 9789462656109
Category : Law
Languages : en
Pages : 0
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Book Description
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author: Nobuo Hayashi
Publisher: T.M.C. Asser Press
ISBN: 9789462656109
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author: Nobuo Hayashi
Publisher: Springer Nature
ISBN: 9462656118
Category : Law
Languages : en
Pages : 307
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Book Description
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 1108484719
Category : Law
Languages : en
Pages : 453
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Book Description
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Author: Sigrid Redse Johansen
Publisher: Cambridge University Press
ISBN: 1108493920
Category : Law
Languages : en
Pages : 451
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Book Description
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Author: Christopher Jon Lamb
Publisher: Office of Chairman of Joint Chiefs of Staff
ISBN: 9780160945038
Category : Cambodia
Languages : en
Pages : 338
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Book Description
Preface -- Abbreviations -- Key figures in the Mayaguez Crisis -- Introduction -- Day one: Monday, May 12 -- Day two: Tuesday, May 13 -- Day three: Wednesday, May 14 -- Day four: Thursday, May 15 -- Critical crisis decisions -- Explaining decisions, behaviors and outcomes -- Refining the explanation: rationality, bureaucracy and beliefs -- Findings, issues, prescriptions -- Conclusion.
Author: Lester W. Grau
Publisher: Mentor Military
ISBN: 9781940370194
Category : History
Languages : en
Pages : 0
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Book Description
Force Structure, Tactics, and Modernization of the Russian Ground Forces The mighty Soviet Army is no more. The feckless Russian Army that stumbled into Chechnya is no more. Today's Russian Army is modern, better manned, better equipped and designed for maneuver combat under nuclear-threatened conditions. This is your source for the tactics, equipment, force structure and theoretical underpinnings of a major Eurasian power. Here's what the experts are saying: "A superb baseline study for understanding how and why the modern Russian Army functions as it does. Essential for specialist and generalist alike." -Colonel (Ret) David M. Glantz, foremost Western author on the Soviet Union in World War II and Editor of The Journal of Slavic Military Studies. "Congratulations to Les Grau and Chuck Bartles on filling a gap which has yawned steadily wider since the end of the USSR. Their book addresses evolving Russian views on war, including the blurring of its nature and levels, and the consequent Russian approaches to the Ground Forces' force structuring, manning, equipping, and tactics. Confidence is conferred on the validity of their arguments and conclusions by copious footnoting, mostly from an impressive array of primary sources. It is this firm grounding in Russian military writings, coupled with the authors' understanding of war and the Russian way of thinking about it, that imparts such an authoritative tone to this impressive work." -Charles Dick, former Director of the Combat Studies Research Centre, Senior Fellow at the Defence Academy of the United Kingdom, author of the 1991 British Army Field Manual, Volume 2, A Treatise on Soviet Operational Art and author of From Victory to Stalemate The Western Front, Summer 1944 and From Defeat to Victory, The Eastern Front, Summer 1944. "Dr. Lester Grau's and Chuck Bartles' professional research on the Russian Armed Forces is widely read throughout the world and especially in Russia. Russia's Armed Forces have changed much since the large-scale reforms of 2008, which brought the Russian Army to the level of the world's other leading armies. The speed of reform combined with limited information about their core mechanisms represented a difficult challenge to the authors. They have done a great job and created a book which could be called an encyclopedia of the modern armed forces of Russia. They used their wisdom and talents to explore vital elements of the Russian military machine: the system of recruitment and training, structure of units of different levels, methods and tactics in defense and offence and even such little-known fields as the Arctic forces and the latest Russian combat robotics." -Dr. Vadim Kozyulin, Professor of Military Science and Project Director, Project on Asian Security, Emerging Technologies and Global Security Project PIR Center, Moscow. "Probably the best book on the Russian Armed Forces published in North America during the past ten years. A must read for all analysts and professionals following Russian affairs. A reliable account of the strong and weak aspects of the Russian Army. Provides the first look on what the Russian Ministry of Defense learned from best Western practices and then applied them on Russian soil." -Ruslan Pukhov, Director of the Moscow-based Centre for the Analysis of Strategies and Technologies (CAST) and member of the Public Council of the Russian Federation Ministry of Defense. Author of Brothers Armed: Military Aspects of the Crisis in Ukraine, Russia's New Army, and The Tanks of August.
Author: United States. President's Commission on Law Enforcement and Administration of Justice
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 368
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Book Description
This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.
Author: Tom Nichols
Publisher: Oxford University Press
ISBN: 0197763839
Category : Computers
Languages : en
Pages : 337
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Book Description
"In the early 1990s, a small group of "AIDS denialists," including a University of California professor named Peter Duesberg, argued against virtually the entire medical establishment's consensus that the human immunodeficiency virus (HIV) was the cause of Acquired Immune Deficiency Syndrome. Science thrives on such counterintuitive challenges, but there was no evidence for Duesberg's beliefs, which turned out to be baseless. Once researchers found HIV, doctors and public health officials were able to save countless lives through measures aimed at preventing its transmission"--
Author: Rose McDermott
Publisher: University of Michigan Press
ISBN: 9780472087877
Category : Political Science
Languages : en
Pages : 256
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Book Description
Discusses the way leaders deal with risk in making foreign policy decisions
Author: Stuart E. Johnson
Publisher: Rand Corporation
ISBN: 0833034103
Category : Political Science
Languages : en
Pages : 415
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Book Description
It is still easy to underestimate how much the collapse of the Soviet Union and the end of the Cold War?--and then the terrorist attacks of September 11, 2001?--transformed the task of American foreign and defense policymaking. In place of predictability (if a sometimes terrifying predictability), the world is now very unpredictable. In place of a single overriding threat and benchmark by which all else could be measured, a number of possible threats have arisen, not all of them states. In place of force-on-force engagements, U.S. defense planners have to assume "asymmetric" threats?--ways not to defeat U.S. power but to render it irrelevant. This book frames the challenges for defense policy that the transformed world engenders, and it sketches new tools for dealing with those challenges?--from new techniques in modeling and gaming, to planning based on capabilities rather than threats, to personnel planning and making use of "best practices" from the private sector.
