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Author: Rebecca Sutton
Publisher: Oxford University Press, USA
ISBN: 0198863810
Category : Law
Languages : en
Pages : 257
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Book Description
One of the central principles of international humanitarian law is the principle of distinction between the civilian and the combatant. This book critically examines the situation of international humanitarian actors, showing how they struggle to protect and enhance their civilian status.
Author: Rebecca Sutton
Publisher: Oxford University Press, USA
ISBN: 0198863810
Category : Law
Languages : en
Pages : 257
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Book Description
One of the central principles of international humanitarian law is the principle of distinction between the civilian and the combatant. This book critically examines the situation of international humanitarian actors, showing how they struggle to protect and enhance their civilian status.
Author: Claire Garbett
Publisher: Routledge
ISBN: 1136006249
Category : Law
Languages : en
Pages : 203
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Book Description
The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice offers a critical account of the legal shaping of civilian identities by the processes of international criminal justice. It draws on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia to explore two key issues central to these justice processes: first, how to understand civilians as a social and legal category of persons and second, how legal practices shape victims’ identities and redress in relation to these persons. Integrating socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants. This book shows that the very notions of civilian, protection and redress that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Using a unique interdisciplinary approach, the author provides a critical analysis of the relationship between mechanisms of transitional justice and civilians that will be of interest to scholars and students in the fields of transitional justice, sociology, law, politics and human rights.
Author: Mackubin Thomas Owens
Publisher: Bloomsbury Publishing USA
ISBN: 144118306X
Category : Political Science
Languages : en
Pages : 220
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Book Description
A thorough survey of the key issues that surround the relations between the military and its civilian control in the US today.
Author: Peter Feaver
Publisher: Harvard University Press
ISBN: 9780674036772
Category : History
Languages : en
Pages : 410
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Book Description
How do civilians control the military? In the wake of September 11, the renewed presence of national security in everyday life has made this question all the more pressing. In this book, Peter Feaver proposes an ambitious new theory that treats civil-military relations as a principal-agent relationship, with the civilian executive monitoring the actions of military agents, the armed servants of the nation-state. Military obedience is not automatic but depends on strategic calculations of whether civilians will catch and punish misbehavior. This model challenges Samuel Huntington's professionalism-based model of civil-military relations, and provides an innovative way of making sense of the U.S. Cold War and post-Cold War experience--especially the distinctively stormy civil-military relations of the Clinton era. In the decade after the Cold War ended, civilians and the military had a variety of run-ins over whether and how to use military force. These episodes, as interpreted by agency theory, contradict the conventional wisdom that civil-military relations matter only if there is risk of a coup. On the contrary, military professionalism does not by itself ensure unchallenged civilian authority. As Feaver argues, agency theory offers the best foundation for thinking about relations between military and civilian leaders, now and in the future.
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: Samuel P. Huntington
Publisher: Harvard University Press
ISBN: 067423801X
Category : Political Science
Languages : en
Pages : 551
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Book Description
In a classic work, Samuel P. Huntington challenges most of the old assumptions and ideas on the role of the military in society. Stressing the value of the military outlook for American national policy, Huntington has performed the distinctive task of developing a general theory of civil–military relations and subjecting it to rigorous historical analysis. Part One presents the general theory of the "military profession," the "military mind," and civilian control. Huntington analyzes the rise of the military profession in western Europe in the eighteenth and nineteenth centuries, and compares the civil–military relations of Germany and Japan between 1870 and 1945. Part Two describes the two environmental constants of American civil–military relations, our liberal values and our conservative constitution, and then analyzes the evolution of American civil–military relations from 1789 down to 1940, focusing upon the emergence of the American military profession and the impact upon it of intellectual and political currents. Huntington describes the revolution in American civil–military relations which took place during World War II when the military emerged from their shell, assumed the leadership of the war, and adopted the attitudes of a liberal society. Part Three continues with an analysis of the problems of American civil–military relations in the era of World War II and the Korean War: the political roles of the Joint Chiefs of Staff, the difference in civil–military relations between the Truman and Eisenhower administrations, the role of Congress, and the organization and functioning of the Department of Defense. Huntington concludes that Americans should reassess their liberal values on the basis of a new understanding of the conservative realism of the professional military men.
Author: Suzanne C. Nielsen
Publisher: JHU Press
ISBN: 0801892872
Category : History
Languages : en
Pages : 430
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Book Description
politics, and national security policy.--John R. Ballard "On Point"
Author: Harold A. Trinkunas
Publisher: Univ of North Carolina Press
ISBN: 0807877034
Category : History
Languages : en
Pages : 312
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Book Description
Unlike most other emerging South American democracies, Venezuela has not succumbed to a successful military coup d'etat during four decades of democratic rule. What drives armed forces to follow the orders of elected leaders? And how do emerging democracies gain that control over their military establishments? Harold Trinkunas answers these questions in an examination of Venezuela's transition to democracy following military rule and its attempts to institutionalize civilian control of the military over the past sixty years, a period that included three regime changes. Trinkunas first focuses on the strategic choices democratizers make about the military and how these affect the internal civil-military balance of power in a new regime. He then analyzes a regime's capacity to institutionalize civilian control, looking specifically at Venezuela's failures and successes in this arena during three periods of intense change: the October revolution (1945-48), the Pact of Punto Fijo period (1958-98), and the Fifth Republic under President Hugo Chavez (1998 to the present). Placing Venezuela in comparative perspective with Argentina, Chile, and Spain, Trinkunas identifies the bureaucratic mechanisms democracies need in order to sustain civilian authority over the armed forces.
Author: Eliot A. Cohen
Publisher: Simon and Schuster
ISBN: 074324222X
Category : History
Languages : en
Pages : 312
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Book Description
“An excellent, vividly written” (The Washington Post) account of leadership in wartime that explores how four great democratic statesmen—Abraham Lincoln, Georges Clemenceau, Winston Churchill, and David Ben-Gurion—worked with the military leaders who served them during warfare. The relationship between military leaders and political leaders has always been a complicated one, especially in times of war. When the chips are down, who should run the show—the politicians or the generals? In Supreme Command, Eliot A. Cohen expertly argues that great statesmen do not turn their wars over to their generals, and then stay out of their way. Great statesmen make better generals of their generals. They question and drive their military men, and at key times they overrule their advice. The generals may think they know how to win, but the statesmen are the ones who see the big picture. Abraham Lincoln, Georges Clemenceau, Winston Churchill, and David Ben-Gurion led four very different kinds of democracy, under the most difficult circumstances imaginable. They came from four very different backgrounds—backwoods lawyer, dueling French doctor, rogue aristocrat, and impoverished Jewish socialist. Yet they faced similar challenges. Each exhibited mastery of detail and fascination with technology. All four were great learners, who studied war as if it were their own profession, and in many ways mastered it as well as did their generals. All found themselves locked in conflict with military men. All four triumphed. The powerful lessons of this “brilliant” (National Review) book will touch and inspire anyone who faces intense adversity and is the perfect gift for history buffs of all backgrounds.
Author: Jean L. Cohen
Publisher: MIT Press
ISBN: 9780262531214
Category : Philosophy
Languages : en
Pages : 804
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Book Description
In this first serious work on the theory of civil society to appear in many years, Jean Cohen and Andrew Arato contend that the concept of civil society articulates a contested terrain in the West that could become the primary locus for the expansion of democracy and rights. In this major contribution to contemporary political theory, Jean Cohen and Andrew Arato argue that the concept of civil society articulates a contested terrain in the West that could become a primary locus for the expansion of democracy and rights.
