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Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 41,8 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author : David Wippman,Matthew Evangelista
Publisher : BRILL
Page : 309 pages
File Size : 40,5 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004479692
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 : Kobi Leins
Publisher : Cambridge University Press
Page : 297 pages
File Size : 45,5 Mb
Release : 2022-02-03
Category : Law
ISBN : 9781108835244
This book analyses how existing international law limits the use of means of warfare utilising the properties of nanomaterials.
Author : William C. Banks
Publisher : Columbia University Press
Page : 320 pages
File Size : 50,5 Mb
Release : 2011-10-25
Category : Political Science
ISBN : 9780231526562
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
Author : Sean McFate
Publisher : HarperCollins
Page : 336 pages
File Size : 55,7 Mb
Release : 2019-01-22
Category : History
ISBN : 9780062843609
"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 : William H. Boothby
Publisher : Cambridge University Press
Page : 527 pages
File Size : 46,9 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781108497534
Explains how existing and proposed law seek to tackle challenges posed by new and emerging technologies in war and peace.
Author : Mary Kaldor
Publisher : Polity
Page : 246 pages
File Size : 46,9 Mb
Release : 2006
Category : Political Science
ISBN : 9780745638645
Deals with the implications of 'the new wars' in the post 9-11 world. This work shows how old war thinking in Iraq has greatly exacerbated what is the archetypal new war - with insurgency, chaos and the occupying forces' lack of direction prescient of a different kind of conflict emerging in the 21st Century.
Author : Kateri Carmola
Publisher : Routledge
Page : 202 pages
File Size : 47,8 Mb
Release : 2010-02-05
Category : History
ISBN : 9781135153281
This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted. In the warzones of Iraq and Afghanistan many of those who carry weapons are not legally combatants, nor are they protected civilians. They are contracted by governments, businesses, and NGOs to provide armed security. Often mistaken as members of armed forces, they are instead part of a new protean proxy force that works alongside the military in a multitude of shifting roles, and overseen by a matrix of contracts and regulations. This book analyzes the growing industry of these private military and security companies (PMSCs) used in warzones and other high risk areas. PMSCs are the result of a unique combination of circumstances, including a change in the idea of soldiering, insurance industry analyses that require security contractors, and a need for governments to distance themselves from potentially criminal conduct. The book argues that PMSCs are a unique type of organization, combining attributes from worlds of the military, business, and humanitarian organizations. This makes them particularly resistant to oversight. The legal status of these companies and those they employ is also hard to ascertain, which weakens the multiple regulatory tools available. PMSCs also fall between the cracks in ethical debates about their use, seeming to be both justifiable and objectionable. This transformation in military operations is a seemingly irreversible product of more general changes in the relationship between the individual citizen and the state. This book will be of much interest to students of private security companies, war and conflict studies, security studies and IR in general. Kateri Carmola is the Christian A. Johnson Professor of Political Science at Middlebury College in Vermont. She received her Ph.D. from the University of California, Berkeley.
Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 0 pages
File Size : 52,7 Mb
Release : 2017-04-19
Category : Law
ISBN : 1316622096
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 : Samuel C. Duckett White
Publisher : BRILL
Page : 234 pages
File Size : 53,5 Mb
Release : 2021-12-20
Category : Law
ISBN : 9789004464292
This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.
Author : Orde F. Kittrie
Publisher : Oxford University Press
Page : 505 pages
File Size : 55,7 Mb
Release : 2016
Category : Law
ISBN : 9780190263577
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
Author : Tanisha M. Fazal
Publisher : Cornell University Press
Page : 342 pages
File Size : 45,9 Mb
Release : 2018-05-15
Category : Law
ISBN : 9781501719790
"This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--
Author : Alexander Gillespie
Publisher : Bloomsbury Publishing
Page : 324 pages
File Size : 52,6 Mb
Release : 2011-10-07
Category : Law
ISBN : 9781847318626
This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives; Volume 2 on civilians; and Volume 3 on the law of arms control. This second book on civilians examines four different topics. The first topic deals with the targetting of civilians in times of war. This discussion is one which has been largely governed by the developments of technologies which have allowed projectiles to be discharged over ever greater areas, and attempts to prevent their indiscriminate utilisation have struggled to keep pace. The second topic concerns the destruction of the natural environment, with particular regard to the utilisation of starvation as a method of warfare, and unlike the first topic, this one has rarely changed over thousands of years, although contemporary practices are beginning to represent a clear break from tradition. The third topic is concerned with the long-standing problems of civilians under the occupation of opposing military forces, where the practices of genocide, collective punishments and/or reprisals, and rape have occurred. The final topic in this volume is about the theft or destruction of the property of the enemy, in terms of either pillage or the intentional devastation of the cultural property of the opposition. As a work of reference this set of three books is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself.
Author : Mary Kaldor
Publisher : Unknown
Page : 206 pages
File Size : 55,8 Mb
Release : 2001
Category : Low-intensity conflicts (Military science)
ISBN : 0804737223
Author : Asst Prof Jessica Wolfendale,Dr Paolo Tripodi
Publisher : Ashgate Publishing, Ltd.
Page : 400 pages
File Size : 52,7 Mb
Release : 2013-03-28
Category : History
ISBN : 9781409489290
Modern conflicts now bear little relation to traditional wars between states. The threat of terrorism, the creation of new military technologies, the rise of private military companies, and the increasing involvement of the military in counter-terrorism and humanitarian operations all pose challenges to traditional ideas about the ethics of war, the relevance of current international law governing armed conflict, and Just War theory. How, then, should military ethics approach these new forms of conflict? Modern military ethics now includes work from disciplines as diverse as philosophy, history, sociology, international relations, politics, and psychology. This diversity of approaches suggests that the approach to contemporary military ethics that is best suited to understanding the wars of today is a broad multidisciplinary vision. By bringing together contributors from philosophy, international relations, security studies, and strategic studies, this volume offers just such an interdisciplinary analysis. The chapters in this volume explore the ethical issues posed by recent developments in both the nature and conduct of war, as well as focusing on the role and needs of modern military personnel. This comprehensive approach allows the reader to see the broad scope of modern military ethics, and to understand the numerous questions about modern conflict that require critical scrutiny. Aimed at both military and academic audiences, this volume will be of significant interest to researchers and students in philosophy, sociology, military and strategic studies, international relations, politics, and security studies.
