War Law

Understanding International Law and Armed Conflict

Author: Michael Byers

Publisher: Open Road + Grove/Atlantic

ISBN: 9781555848460

Category: Law

Page: 224

View: 5183

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law” (Chris Patten, Chancellor of Oxford University). International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
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Understanding International Law and Armed Conflicts

Author: Michael Byers

Publisher: Grove/Atlantic

ISBN: N.A

Category: Political Science

Page: 214

View: 2308

An expert in international law integrates historical case studies into an in-depth analysis of the legal basis of warfare, discussing international law governing the use of military force in relation to the history of armed conflict, from the mid-nineteenth century to the present-day war in Iraq.
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War Law

Author: Michael Byers

Publisher: Douglas & McIntyre

ISBN: 1553651510

Category: Aggression (International law)

Page: 214

View: 3818

In this unique and highly readable book, written for the intelligent layperson, one of the world's leading experts in international law uses historical case studies to examine the basis on which war is waged and how the global legal environment shapes current events. The international rules governing the use of military force are under unprecedented scrutiny following the removal of Slobodan Milosevic and Saddam Hussein in wars not sanctioned by the United Nations (UN). Michael Byers' authoritative book addresses five broad issues: u.n. Security Council authorization, self-defence against terrorism, pre-emptive war, humanitarian and pro-democratic intervention, and the protection of civilians and combatants during armed conflict. His conclusion is that the global legal environment matters and its influence is often understated and undervalued. War Law is an informative and stimulating read about these continually divisive, critically important issues.
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International Law and Armed Conflict

Fundamental Principles and Contemporary Challenges in the Law of War

Author: Laurie R. Blank,Gregory P. Noone

Publisher: Aspen Publishers

ISBN: 1454881356

Category: Law

Page: 832

View: 8699

Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios
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Armed Conflict and Displacement

The Protection of Refugees and Displaced Persons under International Humanitarian Law

Author: Mélanie Jacques

Publisher: Cambridge University Press

ISBN: 1139560484

Category: Law

Page: N.A

View: 4221

With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.
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The Law of Armed Conflict

An Operational Approach

Author: Geoffrey S. Corn,Victor Hansen,Richard Jackson,M. Christopher Jenks,Eric Talbot Jensen,James A. Schoettler

Publisher: Wolters Kluwer Law & Business

ISBN: 1543802915

Category: Law

Page: 744

View: 6514

The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.
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International Law and New Wars

Author: Christine Chinkin,Mary Kaldor

Publisher: Cambridge University Press

ISBN: 1316764532

Category: Law

Page: N.A

View: 5624

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.
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The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller

Publisher: OUP Oxford

ISBN: 0191653918

Category: Law

Page: 1328

View: 5017

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
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Principles of International Humanitarian Law

Author: Jonathan Crowe,Kylie Weston-Scheuber

Publisher: Edward Elgar Publishing

ISBN: 1781002738

Category: Law

Page: 208

View: 2948

ÔThis is a concise and nuanced overview of International Humanitarian Law (IHL). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which are not directly relevant for IHL, but ensure the reader understands the wider picture.Õ Ð Marco Sass~li, University of Geneva, Switzerland This book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context. The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also discusses important recent decisions by international courts and tribunals, tracks the historical development of humanitarian principles in warfare and considers the legal position of states, individuals and non-state groups. Principles of International Humanitarian Law is an important resource for students of international humanitarian law and International law academics, as well as international humanitarian law practitioners.
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The Rule of Law in Crisis and Conflict Grey Zones

Regulating the Use of Force in a Global Information Environment

Author: Michael John-Hopkins

Publisher: Taylor & Francis

ISBN: 1351996746

Category: Law

Page: 350

View: 7092

This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.?
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Compliant Rebels

Rebel Groups and International Law in World Politics

Author: Hyeran Jo

Publisher: Cambridge University Press

ISBN: 1316432432

Category: Political Science

Page: N.A

View: 6912

Seventeen million people have died in civil wars and rebel violence has disrupted the lives of millions more. In a fascinating contribution to the active literature on civil wars, this book finds that some contemporary rebel groups actually comply with international law amid the brutality of civil conflicts around the world. Rather than celebrating the existence of compliant rebels, the author traces the cause of this phenomenon and argues that compliant rebels emerge when rebel groups seek legitimacy in the eyes of domestic and international audiences that care about humanitarian consequences and human rights. By examining rebel groups' different behaviors such as civilian killing, child soldiering, and allowing access to detention centers, Compliant Rebels offers key messages and policy lessons about engaging rebel groups with an eye toward reducing civilian suffering in war zones.
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Refuge from Inhumanity? War Refugees and International Humanitarian Law

Author: David Cantor,Jean-François Durieux

Publisher: Martinus Nijhoff Publishers

ISBN: 9004261591

Category: Political Science

Page: 512

View: 3920

This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law (IRL) and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the eighteen chapters that make up this unique volume supply a range of perspectives on how the relationship between these two separate fields of law may be articulated and whether IHL may contribute to providing refuge from the inhumanity of war.
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International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst

Publisher: Oxford University Press

ISBN: 0199657750

Category: History

Page: 531

View: 7327

International law separates international from non-international conflicts. This book discusses how this categorization operates, identifying the legal questions raised. Case studies from Colombia to Iraq show how this classification impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.
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Law and Morality at War

Author: Adil Ahmad Haque

Publisher: Oxford University Press

ISBN: 0199687390

Category:

Page: 304

View: 3423

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? Howcertain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians becomeunlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge internationaldebate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status ofcivilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excusetheir wrongful actions.
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Practitioners' Guide to Human Rights Law in Armed Conflict

Author: Daragh Murray

Publisher: Oxford University Press

ISBN: 0198791399

Category:

Page: 416

View: 7082

Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.
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Routledge Handbook of the Law of Armed Conflict

Author: Rain Liivoja,Tim McCormack

Publisher: Routledge

ISBN: 1136028889

Category: Law

Page: 721

View: 5142

The law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.
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An Introduction to the International Law of Armed Conflicts

Author: Robert Kolb,Richard Hyde

Publisher: Bloomsbury Publishing

ISBN: 1847314600

Category: Law

Page: 310

View: 5829

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.
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The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham,Paola Gaeta

Publisher: Oxford University Press

ISBN: 0199559694

Category: History

Page: 909

View: 3905

Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
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Moral Dilemmas of Modern War

Torture, Assassination, and Blackmail in an Age of Asymmetric Conflict

Author: Michael L. Gross

Publisher: Cambridge University Press

ISBN: 0521866154

Category: History

Page: 321

View: 8404

Asymmetric conflict is changing the way that we practice and think about war. Torture, rendition, assassination, blackmail, extortion, direct attacks on civilians, and chemical weapons are all finding their way to the battlefield despite long-standing prohibitions. This book offers a practical guide for policymakers, military officers, lawyers, students, journalists and others who ask how to adapt the laws and conventions of war to the changing demands of asymmetric conflict. As war wages between state and nonstate parties, difficult questions arise about the status of guerrillas, the methods each side may use to disable the other and the means necessary to identify and protect civilians caught in the crossfire. Answering these questions while providing each side a reasonable chance to press its claims by force of arms requires us to reevaluate the principle of noncombatant immunity, adjust the standards of proportionality, and redefine the limits of unnecessary suffering and superfluous injury. In doing so, many practices that conventional war prohibits are slowly evolving into new norms of asymmetric conflict.
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