New Wars, New Laws? Applying Laws of War in 21st Century Conflicts PDF Download
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Author: David Wippman
Publisher: BRILL
ISBN: 9004479694
Category : Law
Languages : en
Pages : 309
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Book Description
This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which "new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more. Published under the Transnational Publishers imprint.
Author: David Wippman
Publisher: BRILL
ISBN: 9004479694
Category : Law
Languages : en
Pages : 309
Get Book Here
Book Description
This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which "new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more. Published under the Transnational Publishers imprint.
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 568
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Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: Steven Metz
Publisher:
ISBN:
Category : Information warfare
Languages : en
Pages : 140
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Book Description
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
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Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Wolff Heintschel von Heinegg
Publisher: Springer Science & Business Media
ISBN: 3540490906
Category : Law
Languages : en
Pages : 277
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Book Description
This book features the contributions of a distinguished group of experts in the field of the law of armed conflicts that gathered in Berlin in June 2005. The goal of the colloquium, which marked the 70th birthday of Knut Ipsen, was to find operable solutions for problems and challenges that confront the contemporary law of armed conflict.
Author: Michael N. Schmitt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154280
Category : Law
Languages : en
Pages : 629
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Book Description
International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1316764532
Category : Law
Languages : en
Pages : 611
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Book Description
International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.
Author: Sean McFate
Publisher: HarperCollins
ISBN: 0062843605
Category : History
Languages : en
Pages : 261
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Book Description
"Stunning. Sean McFate is a new Sun Tzu." -Admiral James Stavridis (retired), former Supreme Allied Commander at NATO An Economist Book of the Year 2019 Some of the principles of warfare are ancient, others are new, but all described in The New Rules of War will permanently shape war now and in the future. By following them Sean McFate argues, we can prevail. But if we do not, terrorists, rogue states, and others who do not fight conventionally will succeed—and rule the world. The New Rules of War is an urgent, fascinating exploration of war—past, present and future—and what we must do if we want to win today from an 82nd Airborne veteran, former private military contractor, and professor of war studies at the National Defense University. War is timeless. Some things change—weapons, tactics, technology, leadership, objectives—but our desire to go into battle does not. We are living in the age of Durable Disorder—a period of unrest created by numerous factors: China’s rise, Russia’s resurgence, America’s retreat, global terrorism, international criminal empires, climate change, dwindling natural resources, and bloody civil wars. Sean McFate has been on the front lines of deep state conflicts and has studied and taught the history and practice of war. He’s seen firsthand the horrors of battle and understands the depth and complexity of the current global military situation. This devastating turmoil has given rise to difficult questions. What is the future of war? How can we survive? If Americans are drawn into major armed conflict, can we win? McFate calls upon the legends of military study Carl von Clausewitz, Sun Tzu, and others, as well as his own experience, and carefully constructs the new rules for the future of military engagement, the ways we can fight and win in an age of entropy: one where corporations, mercenaries, and rogue states have more power and ‘nation states’ have less. With examples from the Roman conquest, World War II, Vietnam, Afghanistan and others, he tackles the differences between conventional and future war, the danger in believing that technology will save us, the genuine leverage of psychological and ‘shadow’ warfare, and much more. McFate’s new rules distill the essence of war today, describing what it is in the real world, not what we believe or wish it to be.
Author: Matthew Evangelista
Publisher: John Wiley & Sons
ISBN: 0745639682
Category : Political Science
Languages : en
Pages : 165
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Book Description
In recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti-terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, Evangelista asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.
Author: Robert Kolb
Publisher: Bloomsbury Publishing
ISBN: 1847314600
Category : Law
Languages : en
Pages : 372
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Book Description
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
