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Author: William C. Banks
Publisher: Columbia University Press
ISBN: 0231526563
Category : Political Science
Languages : en
Pages : 320
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Book Description
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
Author: William C. Banks
Publisher: Columbia University Press
ISBN: 0231526563
Category : Political Science
Languages : en
Pages : 320
Get Book Here
Book Description
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
Author: MAJ Ronald T.P. Alcala
Publisher: Oxford University Press
ISBN: 019091534X
Category : Law
Languages : en
Pages : 409
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Book Description
Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.
Author: William Banks
Publisher: Oxford University Press
ISBN: 0199311463
Category : Law
Languages : en
Pages : 310
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Book Description
In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
Author: Lawrence Grinter
Publisher: CreateSpace
ISBN: 9781478361886
Category :
Languages : en
Pages : 288
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Book Description
This is a book about strategy and war fighting. It contains 11 essays which examine topics such as military operations against a well-armed rogue state, the potential of parallel warfare strategy for different kinds of states, the revolutionary potential of information warfare, the lethal possibilities of biological warfare and the elements of an ongoing revolution in military affairs. The purpose of the book is to focus attention on the operational problems, enemy strategies and threat that will confront U.S. national security decision makers in the twenty-first century.
Author: Erica Chenoweth
Publisher: Columbia University Press
ISBN: 0231527489
Category : Political Science
Languages : en
Pages : 451
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Book Description
For more than a century, from 1900 to 2006, campaigns of nonviolent resistance were more than twice as effective as their violent counterparts in achieving their stated goals. By attracting impressive support from citizens, whose activism takes the form of protests, boycotts, civil disobedience, and other forms of nonviolent noncooperation, these efforts help separate regimes from their main sources of power and produce remarkable results, even in Iran, Burma, the Philippines, and the Palestinian Territories. Combining statistical analysis with case studies of specific countries and territories, Erica Chenoweth and Maria J. Stephan detail the factors enabling such campaigns to succeed and, sometimes, causing them to fail. They find that nonviolent resistance presents fewer obstacles to moral and physical involvement and commitment, and that higher levels of participation contribute to enhanced resilience, greater opportunities for tactical innovation and civic disruption (and therefore less incentive for a regime to maintain its status quo), and shifts in loyalty among opponents' erstwhile supporters, including members of the military establishment. Chenoweth and Stephan conclude that successful nonviolent resistance ushers in more durable and internally peaceful democracies, which are less likely to regress into civil war. Presenting a rich, evidentiary argument, they originally and systematically compare violent and nonviolent outcomes in different historical periods and geographical contexts, debunking the myth that violence occurs because of structural and environmental factors and that it is necessary to achieve certain political goals. Instead, the authors discover, violent insurgency is rarely justifiable on strategic grounds.
Author: J. Martin Rochester
Publisher: Routledge
ISBN: 1317276434
Category : Political Science
Languages : en
Pages : 177
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Book Description
This book looks at the evolving relationship between war and international law, examining the complex practical and legal dilemmas posed by the changing nature of war in the contemporary world, whether the traditional rules governing the onset and conduct of hostilities apply anymore, and how they might be adapted to new realities. War, always messy, has become even messier today, with the blurring of interstate, intrastate, and extrastate violence. How can the United States and other countries be expected to fight honourably and observe the existing norms when they often are up against an adversary who recognizes no such obligations? Indeed, how do we even know whether an "armed conflict" is underway when modern wars tend to lack neat beginnings and endings and seem geographically indeterminate, as well? What is the legality of anticipatory self-defense, humanitarian intervention, targeted killings, drones, detention of captured prisoners without POW status, and other controversial practices? These questions are explored through a review of the United Nations Charter, Geneva Conventions, and other regimes and how they have operated in recent conflicts. Through a series of case studies, including the U.S. war on terror and the wars in Afghanistan, Iraq, Gaza, Kosovo, and Congo, the author illustrates the challenges we face today in the ongoing effort to reduce war and, when it occurs, to make it more humane.
Author: Carl von Clausewitz
Publisher:
ISBN:
Category : Military art and science
Languages : en
Pages : 388
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Book Description
Author: William C. Banks
Publisher:
ISBN: 9786613790415
Category : Asymmetric warfare
Languages : en
Pages : 319
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Book Description
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups that wage prolonged campaigns of terrorism-or even more conventional attacks. Yet not everyone concurs. Some scholars believe current laws are broad enough to accommodate these new realities. Recognizing that many of today's conflicts are low-inte.
Author: Ashley Clements
Publisher: Routledge
ISBN: 100076897X
Category : History
Languages : en
Pages : 175
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Book Description
Humanitarians operate on the frontlines of today’s armed conflicts, where they regularly negotiate to provide assistance and to protect vulnerable civilians. This book explores this unique and under-researched field of humanitarian negotiation. It details the challenges faced by humanitarians negotiating with armed groups in Yemen, Myanmar, and elsewhere, arguing that humanitarians typically negotiate from a position of weakness. It also explores some of the tactics and strategies they use to overcome this power asymmetry to reach more favorable agreements. The author applies these findings to broader negotiation scholarship and investigates the implications of this research for the field and practice of humanitarianism. This book also demonstrates how non-state actors – both humanitarians and armed groups – have become increasingly potent diplomatic actors. It challenges traditional state-centric approaches to diplomacy and argues that non-state actors constitute an increasingly crucial vector through which international relations are replicated and reconstituted during contemporary armed conflict. Only by accepting these changes to the nature of diplomacy itself can the causes, symptoms, and solutions to armed conflict be better managed. This book will be of interest to scholars concerned with conflict resolution, negotiation, and mediation, as well as to humanitarian practitioners themselves.
Author: William Banks
Publisher:
ISBN: 0199941440
Category : History
Languages : en
Pages : 310
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Book Description
"The four parts of our book that follow offer a range of legal and policy perspectives on the problems of COIN in particular and irregular warfare in general as twenty-first century asymmetric warfare continues to evolve. The contributors offer analyses and prescriptions that are complimentary in some instances and widely divergent in others."--P. xxii, Introduction.
