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: 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: 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: Herfried Münkler
Publisher: Polity
ISBN: 0745633366
Category : Political Science
Languages : en
Pages : 189
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Book Description
This important new book deals with the changing nature of war in the post-Cold War era and the emergence of new forms of warfare in which warlords, mercenaries and terrorists play an increasingly important role. In the modern era, warfare came to play a crucial role in the formation of states, whereas the new wars emerging at the beginning of the 21st century have mostly gone together with the failure or collapse of states. The author draws out the key shifts involved in this process: from symmetrical conflicts between states to asymmetrical global relationships of force; from national armies to increasingly private or commercial bands of warlords, child soldiers and mercenaries; from pitched battles to protracted conflicts in which there is often little fighting and most of the violence is directed against civilians. Changes in weapons technology have combined with complex economic factors to make the prospect of endlessly simmering wars a real danger in the years to come. Against this background, the author outlines the rise of a novel form of international terrorism, conceived more as a political method of communication than as an element in a military strategy. The resulting challenges faced by Western governments, and the costs and benefits associated with any response, are taken up in a concluding section that contrasts the characteristic European and American approaches and examines the implications for the future of international law. This book will be of important to students of political science, international relations, war and peace studies, conflict studies and peace studies. It will also appeal to the general reader with an interest in this topical subject.
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: 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.
Author: Naval War College (U.S.)
Publisher: Department of the Navy
ISBN:
Category : Law
Languages : en
Pages : 362
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Book Description
Author: Gary D. Solis
Publisher: Cambridge University Press
ISBN: 1316652327
Category : Law
Languages : en
Pages : 923
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Book Description
Newly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? This book takes students through these LOACIHL questions and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied.
Author: Martin Van Creveld
Publisher: Simon and Schuster
ISBN: 1439188890
Category : History
Languages : en
Pages : 276
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Book Description
At a time when unprecedented change in international affairs is forcing governments, citizens, and armed forces everywhere to re-assess the question of whether military solutions to political problems are possible any longer, Martin van Creveld has written an audacious searching examination of the nature of war and of its radical transformation in our own time. For 200 years, military theory and strategy have been guided by the Clausewitzian assumption that war is rational - a reflection of national interest and an extension of politics by other means. However, van Creveld argues, the overwhelming pattern of conflict in the post-1945 world no longer yields fully to rational analysis. In fact, strategic planning based on such calculations is, and will continue to be, unrelated to current realities. Small-scale military eruptions around the globe have demonstrated new forms of warfare with a different cast of characters - guerilla armies, terrorists, and bandits - pursuing diverse goals by violent means with the most primitive to the most sophisticated weapons. Although these warriors and their tactics testify to the end of conventional war as we've known it, the public and the military in the developed world continue to contemplate organized violence as conflict between the super powers. At this moment, armed conflicts of the type van Creveld describes are occurring throughout the world. From Lebanon to Cambodia, from Sri Lanka and the Philippines to El Salvador, the Persian Gulf, and the strife-torn nations of Eastern Europe, violent confrontations confirm a new model of warfare in which tribal, ethnic, and religious factions do battle without high-tech weapons or state-supported armies and resources. This low-intensity conflict challenges existing distinctions between civilian and solder, individual crime and organized violence, terrorism and war. In the present global atmosphere, practices that for three centuries have been considered uncivilized, such as capturing civilians or even entire communities for ransom, have begun to reappear. Pursuing bold and provocative paths of inquiry, van Creveld posits the inadequacies of our most basic ideas as to who fights wars and why and broaches the inevitability of man's need to "play" at war. In turn brilliant and infuriating, this challenge to our thinking and planning current and future military encounters is one of the most important books on war we are likely to read in our lifetime.
