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Author : Kenneth Watkin,Andrew J. Norris
Publisher : Government Printing Office
Page : 500 pages
File Size : 44,6 Mb
Release : 2012
Category : History
ISBN : 1935352059
Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.
Author : Naval War College Press
Publisher : Military Bookshop
Page : 490 pages
File Size : 47,7 Mb
Release : 2012
Category : History
ISBN : 1782662405
International Law Studies, Volume 88. Edited by Kenneth Watkin and Andrew J. Norris. Contains papers from the conference: "Non-International Armed Conflict in the 21st Century" hosted by the Naval War College on June 21-23, 2011. Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.
Author : Noëlle Quénivet,Shilan Shah-Davis
Publisher : Asser Press
Page : 482 pages
File Size : 52,6 Mb
Release : 2010-03-18
Category : Law
ISBN : STANFORD:36105134510598
Symposium on International Law and Armed Conflict in September 2008 at the University of the West of England (UK).--Preface.
Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 50,5 Mb
Release : 2018-07-19
Category : Law
ISBN : 9780192551795
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Author : International Institute of Humanitarian Law
Publisher : FrancoAngeli
Page : 258 pages
File Size : 43,8 Mb
Release : 2010-05-27T00:00:00+02:00
Category : Law
ISBN : 9788856827200
1136.85
Author : Steven Metz
Publisher : Unknown
Page : 140 pages
File Size : 40,6 Mb
Release : 2000
Category : Information warfare
ISBN : UVA:X004399679
Author : David Wippman,Matthew Evangelista
Publisher : BRILL
Page : 309 pages
File Size : 53,8 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 : Anthony M. Helm
Publisher : Naval War College Press
Page : 376 pages
File Size : 44,8 Mb
Release : 2007
Category : Law
ISBN : UOM:39015066244289
Author : Howard M. Hensel
Publisher : Routledge
Page : 281 pages
File Size : 53,8 Mb
Release : 2017-09-29
Category : Law
ISBN : 9781351887007
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 : Emily Crawford,Alison Pert
Publisher : Cambridge University Press
Page : 387 pages
File Size : 55,9 Mb
Release : 2020-03-12
Category : Law
ISBN : 9781108727716
Provides an accessible, scholarly, and up-to-date examination of international humanitarian law.
Author : Adekeye Adebajo,Chandra Lekha Sriram
Publisher : Taylor & Francis
Page : 252 pages
File Size : 51,8 Mb
Release : 2001
Category : History
ISBN : 0714681369
"Written largely by a group of young scholars of diverse backgrounds, the essays reflect views and voices that are not always heard above the Anglo-American din. The volume provides a resource for scholars and policymakers alike, enriching the current debate and making more fruitful the international dialogue between North and South."--BOOK JACKET.
Author : Emily Crawford,Alison Pert
Publisher : Cambridge University Press
Page : 387 pages
File Size : 46,7 Mb
Release : 2020-03-12
Category : Law
ISBN : 9781108575140
The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.
Author : Orna Ben-Naftali
Publisher : OUP Oxford
Page : 424 pages
File Size : 41,9 Mb
Release : 2011-01-13
Category : Law
ISBN : 9780191018565
The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.
Author : Michael N. Schmitt,Jelena Pejic
Publisher : Martinus Nijhoff Publishers
Page : 629 pages
File Size : 49,9 Mb
Release : 2007
Category : Law
ISBN : 9789004154285
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 : Rob Johnson,Martijn Kitzen,Tim Sweijs
Publisher : Routledge
Page : 297 pages
File Size : 49,7 Mb
Release : 2021-03-02
Category : History
ISBN : 9781000347067
This book examines the key dimensions of 21st century war, and shows that orthodox thinking about war, particularly what it is and how it is fought, needs to be updated. Accelerating societal, economic, political and technological change affects how we prepare, equip and organise for war, as well as how we conduct war – both in its low-tech and high-tech forms, and whether it is with high intensity or low intensity. The volume examines changes in warfare by investigating the key features of the conduct of war during the first decades of the 21st century. Conceptually centred around the terms ‘kinetic’, ‘connected’ and ‘synthetic’, the analysis delves into a wide range of topics. The contributions discuss hybrid warfare, cyber and influence activities, machine learning and artificial intelligence, the use of armed drones and air power, the implications of the counterinsurgency experiences in Iraq, Afghanistan and Syria, as well as the consequences for law(fare) and decision making. This work will be of much interest to students of military and strategic studies, security studies and International Relations. Chapters 1, 2, 5, and 19 of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
