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Author: Janina Dill
Publisher: Cambridge University Press
ISBN: 1107056756
Category : History
Languages : en
Pages : 387
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Book Description
Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.
Author: Janina Dill
Publisher: Cambridge University Press
ISBN: 1107056756
Category : History
Languages : en
Pages : 387
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Book Description
Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.
Author: Alexander B. Downes
Publisher: Cornell University Press
ISBN: 0801457297
Category : Political Science
Languages : en
Pages : 329
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Book Description
Accidental harm to civilians in warfare often becomes an occasion for public outrage, from citizens of both the victimized and the victimizing nation. In this vitally important book on a topic of acute concern for anyone interested in military strategy, international security, or human rights, Alexander B. Downes reminds readers that democratic and authoritarian governments alike will sometimes deliberately kill large numbers of civilians as a matter of military strategy. What leads governments to make such a choice? Downes examines several historical cases: British counterinsurgency tactics during the Boer War, the starvation blockade used by the Allies against Germany in World War I, Axis and Allied bombing campaigns in World War II, and ethnic cleansing in the Palestine War. He concludes that governments decide to target civilian populations for two main reasons—desperation to reduce their own military casualties or avert defeat, or a desire to seize and annex enemy territory. When a state's military fortunes take a turn for the worse, he finds, civilians are more likely to be declared legitimate targets to coerce the enemy state to give up. When territorial conquest and annexation are the aims of warfare, the population of the disputed land is viewed as a threat and the aggressor state may target those civilians to remove them. Democracies historically have proven especially likely to target civilians in desperate circumstances. In Targeting Civilians in War, Downes explores several major recent conflicts, including the 1991 Persian Gulf War and the American-led invasion of Iraq in 2003. Civilian casualties occurred in each campaign, but they were not the aim of military action. In these cases, Downes maintains, the achievement of quick and decisive victories against overmatched foes allowed democracies to win without abandoning their normative beliefs by intentionally targeting civilians. Whether such "restraint" can be guaranteed in future conflicts against more powerful adversaries is, however, uncertain. During times of war, democratic societies suffer tension between norms of humane conduct and pressures to win at the lowest possible costs. The painful lesson of Targeting Civilians in War is that when these two concerns clash, the latter usually prevails.
Author: Richard Burchill
Publisher: Cambridge University Press
ISBN: 9780521845311
Category : Law
Languages : en
Pages : 348
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Book Description
Hilaire McCoubrey wrote extensively in the area of armed conflict law, and on the issues of collective security law and the law relating to arms control. Although he died at the early age of 46 in 2000 he had contributed significantly to the separate study of these areas, but also to the idea of studying the issues as a whole subject. The collection covers difficult and controversial issues in the area of conflict and security law. The contributors, drawn both from academe and practice, provide expert analysis of many aspects of the law governing armed conflict and collective security. As well as providing a fitting tribute to the main aspects of Hilaire's contribution to knowledge, the volume provides a coherent reconsideration and development of key aspects of conflict and security law at a time when that law is being applied, breached, debated or reformed on almost a daily basis.
Author: Amos N. Guiora
Publisher:
ISBN: 9780199333288
Category : Targeted killing
Languages : en
Pages : 107
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Book Description
In 'Legitimate Target: a Criteria-Based Approach to Targeted Killing', Amos Guiora proposes that targeted killing decisions must reflect consideration of four distinct elements: law policy, morality, and operational details, thus ensuring that it complies with principles of domestic and international laws.
Author: C. Drake
Publisher: Springer
ISBN: 0230374670
Category : Political Science
Languages : en
Pages : 286
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Book Description
The author examines the factors which influence terrorists' target selection. In particular he looks at the influence of the ideologies, strategies and tactics of terrorist groups, and describes how these are restricted by the terrorists' resources, by protective and anti-terrorist measures, by the society within which the terrorists operate, and by the nature of the terrorists and their supporters. He concludes that terrorists' target selection is often both explicable and logical.
Author: Carl von Clausewitz
Publisher:
ISBN:
Category : Military art and science
Languages : en
Pages : 388
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Book Description
Author: Christopher J. Finlay
Publisher: Cambridge University Press
ISBN: 1107040930
Category : History
Languages : en
Pages : 355
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Book Description
A systematic account of the right to resist oppression and of the forms of armed force it can justify.
Author: Harvard School of Public Health. Program on Humanitarian Policy and Conflict Research
Publisher: Cambridge University Press
ISBN: 1107034191
Category : Law
Languages : en
Pages : 505
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Book Description
This Manual provides an up-to-date restatement of existing international law applicable to the conduct of air and missile warfare.
Author: Helen M. Kinsella
Publisher: Cornell University Press
ISBN: 080146126X
Category : Political Science
Languages : en
Pages : 275
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Book Description
Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses—including gender, innocence, and civilization—have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139478583
Category : Political Science
Languages : en
Pages : 1
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Book Description
This book brings together scholarship on three different forms of state violence, examining each for what it can tell us about the conditions under which states use violence and the significance of violence to our understanding of states. This book calls into question the legitimacy of state uses of violence and mounts a sustained effort at interpretation, sense making, and critique. It suggests that condemning the state's decisions to use lethal force is not a simple matter of abolishing the death penalty or – to take another exemplary example of the killing state – demanding that the state engage only in just (publicly declared and justified) wars, pointing out that even such overt instances of lethal force are more elusive as targets of critique than one might think. Indeed, altering such decisions may do little to change the essential relationship of the state to violence.
