Of War And Law

Author : David Kennedy
Publisher : Princeton University Press
Page : 207 pages
File Size : 55,6 Mb
Release : 2009-01-10
Category : Law
ISBN : 9781400827367

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Of War and Law by David Kennedy Pdf

Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 47,7 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460

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War Law by Michael Byers Pdf

“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

Author : William H. Boothby,Wolff Heintschel von Heinegg
Publisher : Cambridge University Press
Page : 481 pages
File Size : 52,6 Mb
Release : 2018-03-29
Category : History
ISBN : 9781108427586

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The Law of War by William H. Boothby,Wolff Heintschel von Heinegg Pdf

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

Author : Orde F. Kittrie
Publisher : Oxford University Press
Page : 505 pages
File Size : 41,9 Mb
Release : 2016
Category : Law
ISBN : 9780190263577

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Lawfare by Orde F. Kittrie Pdf

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 : Ingrid Detter de Lupis Frankopan,Ingrid Detter Delupis
Publisher : Cambridge University Press
Page : 564 pages
File Size : 42,8 Mb
Release : 2000-09-28
Category : Law
ISBN : 0521787750

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The Law of War by Ingrid Detter de Lupis Frankopan,Ingrid Detter Delupis Pdf

D Types of war.

Author : Stephen C. Neff
Publisher : Cambridge University Press
Page : 466 pages
File Size : 51,8 Mb
Release : 2005-08-04
Category : History
ISBN : 0521662052

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War and the Law of Nations by Stephen C. Neff Pdf

This 2005 volume is a history of war, from an international law perspective, from Roman times to the present.

Author : W. M. Reisman
Publisher : Unknown
Page : 448 pages
File Size : 48,9 Mb
Release : 1994
Category : Electronic
ISBN : OCLC:848602610

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The Laws of War by W. M. Reisman Pdf

Author : Anton O. Petrov
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 45,8 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781789907599

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Expert Laws of War by Anton O. Petrov Pdf

Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.

Author : Sean Richmond
Publisher : University of Toronto Press
Page : 287 pages
File Size : 50,5 Mb
Release : 2021
Category : History
ISBN : 9781487503468

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Unbound in War by Sean Richmond Pdf

This book tells the story of how two of America's closest allies, Canada and Britain, have sought to reconcile their security concerns with their legal obligations during two of the most significant international conflicts since the Second World War.

Author : E. L. Gaston
Publisher : Unknown
Page : 0 pages
File Size : 43,8 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 : Antony Lamb
Publisher : Routledge
Page : 173 pages
File Size : 47,6 Mb
Release : 2013-05-29
Category : History
ISBN : 9781136255427

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Ethics and the Laws of War by Antony Lamb Pdf

This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.

Author : Michael A. Newton
Publisher : Cambridge University Press
Page : 491 pages
File Size : 48,5 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781108427159

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The United States Department of Defense Law of War Manual by Michael A. Newton Pdf

Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.

Author : Robin Geiß,Andreas Zimmermann,Stefanie Haumer
Publisher : Cambridge University Press
Page : 281 pages
File Size : 53,9 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781107171350

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Humanizing the Laws of War by Robin Geiß,Andreas Zimmermann,Stefanie Haumer Pdf

An analysis of the role of the International Committee of the Red Cross (ICRC) in international norm creation and the progressive development of international humanitarian law.

Author : Sam Selvadurai
Publisher : Cambridge University Press
Page : 375 pages
File Size : 41,8 Mb
Release : 2022-04-07
Category : Law
ISBN : 9781316511985

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Law, War and the Penumbra of Uncertainty by Sam Selvadurai Pdf

An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.

Author : Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Publisher : Stanford University Press
Page : 249 pages
File Size : 41,7 Mb
Release : 2014-01-08
Category : Law
ISBN : 9780804788861

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Law and War by Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey Pdf

Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?