New Wars New Laws Applying Laws Of War In 21st Century Conflicts

Author : David Wippman,Matthew Evangelista
Publisher : BRILL
Page : 309 pages
File Size : 51,5 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004479692

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New Wars, New Laws? Applying Laws of War in 21st Century Conflicts by David Wippman,Matthew Evangelista Pdf

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 : Howard M. Hensel
Publisher : Routledge
Page : 281 pages
File Size : 52,9 Mb
Release : 2017-09-29
Category : Law
ISBN : 9781351887007

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The Law of Armed Conflict by Howard M. Hensel Pdf

Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.

Author : Naval War College (U.S.)
Publisher : Department of the Navy
Page : 376 pages
File Size : 44,9 Mb
Release : 2007
Category : Government publications
ISBN : OSU:32437122693498

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The Law of War in the 21st Century by Naval War College (U.S.) Pdf

Author : William H. Boothby
Publisher : Springer
Page : 464 pages
File Size : 51,5 Mb
Release : 2014-07-08
Category : Law
ISBN : 9789462650022

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Conflict Law by William H. Boothby Pdf

Topics as diverse as the evolving spectrum of conflict, innovations in weaponry, automated and autonomous attack, the depersonalisation of warfare, detention operations, the influence of modern media and the application of human rights law to the conduct of hostilities are examined in this book to see to what extent existing legal norms are challenged. The book takes each topic in turn, explains relevant provisions of contemporary law and analyses exactly where the legal problem lies. The analysis then develops the theme, examining for example the implications of current rules as to deception operations for certain applications of cyber warfare. The text is written in an accessible style, and demonstrates the continuing relevance of established rules and the importance of compliance with them. Useful for academics, military, governments, ministries of defence, ministries of foreign affairs, libraries, diplomats, think tanks, policy units, NGOs, and all others with an interest in law of armed conflict issues such as journalists and students.

Author : Kenneth Watkin,Andrew J. Norris
Publisher : Government Printing Office
Page : 500 pages
File Size : 45,5 Mb
Release : 2012
Category : History
ISBN : 1935352059

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Non-international Armed Conflict in the Twenty-first Century by Kenneth Watkin,Andrew J. Norris Pdf

Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.

Author : Laurie R. Blank,Gregory P. Noone
Publisher : Aspen Publishing
Page : 1059 pages
File Size : 45,6 Mb
Release : 2018-09-14
Category : Law
ISBN : 9781543801224

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International Law and Armed Conflict by Laurie R. Blank,Gregory P. Noone Pdf

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

Author : E. L. Gaston
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2012
Category : Humanitarian law
ISBN : 1617700266

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Laws of War and 21st Century Conflict by E. L. Gaston Pdf

The Laws of War and 21st Century Conflict explores how international law considers and confronts the so-called new warfare. To many, modern conflict appears unlike any we have known before. A modern battlefield might as easily be found in an urban shopping mall or in the frontline trenches of a failed state. Weaponry that once populated science fiction novels and movies is now a reality, with unmanned aerial drones used against military targets in several countries and automated robots replacing some soldiers on the battlefield. Globalization and the diffusion of technology have eroded state controls and empowered other actors, from terrorist groups to mercenaries. Now, the most deadly threats might be activated by the push of a cell-phone button or from a computer hacker's screen on the other side of the world.

Author : Philipp Schweers
Publisher : GRIN Verlag
Page : 37 pages
File Size : 44,6 Mb
Release : 2009-06
Category : Electronic
ISBN : 9783640356768

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The Changing Nature of War and Its Impacts on International Humanitarian Law by Philipp Schweers Pdf

Essay from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 7,5, University of Amsterdam (Vrije Universiteit Amsterdam), course: International Humanitarian Law, language: English, abstract: At the beginning of the 21st century it seems that warfare and armed conflict get messier and more chaotic than ever before. The phenomenon of weak and fragile statehood destabilizes whole regions and makes intra-state conflict to a constant feature with spill-over character in many areas of the world. At the same time do non-state armed actors, from warlords to armed militias to terrorists to private military firms, re-enter the international conflictscene. The globalized character of contemporary organized violence, especially the phenomenon of transnational terrorism, does challenge the international security structure. While symmetric inter-state conflicts are constantly decreasing and less likely to appear, the dominant form of contemporary armed conflict is intra-state and asymmetric by nature. One of the most striking features within contemporary armed violence is the increasingly important role of civilians, as victims but also as perpetrators and participants in hostilities. The fundamental line between soldiers and civilians has long been essential to the law of war, but with the rise of transnational terrorism, warlords and other non-state actors in armed conflict this distinction gets seemingly blurred.

Author : Michael N. Schmitt,Jelena Pejic
Publisher : Martinus Nijhoff Publishers
Page : 629 pages
File Size : 42,8 Mb
Release : 2007
Category : Law
ISBN : 9789004154285

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International Law And Armed Conflict, Exploring the Faultlines by Michael N. Schmitt,Jelena Pejic Pdf

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 : Noëlle Quénivet,Shilan Shah-Davis
Publisher : Asser Press
Page : 482 pages
File Size : 46,6 Mb
Release : 2010-03-18
Category : Law
ISBN : STANFORD:36105134510598

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International Law and Armed Conflict by Noëlle Quénivet,Shilan Shah-Davis Pdf

Symposium on International Law and Armed Conflict in September 2008 at the University of the West of England (UK).--Preface.

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 0 pages
File Size : 53,7 Mb
Release : 2017-04-19
Category : Law
ISBN : 1316622096

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

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 : Wolff Heintschel von Heinegg,Volker Epping
Publisher : Springer Science & Business Media
Page : 277 pages
File Size : 47,9 Mb
Release : 2007-03-06
Category : Law
ISBN : 9783540490906

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International Humanitarian Law Facing New Challenges by Wolff Heintschel von Heinegg,Volker Epping Pdf

This book features the contributions of a distinguished group of experts in the field of the law of armed conflicts that gathered in Berlin in June 2005. The goal of the colloquium, which marked the 70th birthday of Knut Ipsen, was to find operable solutions for problems and challenges that confront the contemporary law of armed conflict.

Author : Michael Byers
Publisher : Grove/Atlantic
Page : 232 pages
File Size : 52,5 Mb
Release : 2005
Category : Law
ISBN : UOM:39015062528008

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War Law by Michael Byers Pdf

An examination of 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 U.S. forces at Abu Ghraib prison in Iraq. The author explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq. Presents the development of the law of war in five categories: UN Security Council authorization, self-defense, preemptive war, humanitarian and pro-democratic intervention, and the protection of civilians and combatants during armed conflict.

Author : Jan Wouters,Philip de Man,Nele Verlinden
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 2016
Category : Humanitarian law
ISBN : 1780683200

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Armed Conflicts and the Law by Jan Wouters,Philip de Man,Nele Verlinden Pdf

"Armed Conflicts and the Law is a book of impressive scope and depth. Ranging deftly across the spectrum of armed conflict and the law that governs it, this impressive work draws together new voices and world-renowned experts from the academy, military and the ICRC to examine the normative nuances of contemporary conflict. At the same time both scholarly and practical, Armed Conflicts and the Law will prove an invaluable resource for anyone dealing with the complex, synergistic, and evolving relationship between law and armed conflict." --Prof. Michael N. Schmitt, Director, Stockton Center for the Study of International Law, U.S. Naval War College *** Now available in paperback This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular, the vast body of rules laid down in current international humanitarian law. It combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during, and after warfare. Through a series of thematic chapters that logically follow from one to another, the book tackles core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. In combination with the broad scope and accessible nature of volume, the experience and ambition on display makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats, and humanitarian/human rights workers around the globe. It is complemented by, and a helpful companion to, Jan Wouters's and Philip De Man's Humanitarian and Security Law: A Compendium of International and European Instruments ISBN 978 1 78068 051 4 (2012)]. (Series: International Law - Vol. 17) Subject: International Law, EU Law, Humanitarian Law]

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 47,8 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.