Rethinking The Law Of Armed Conflict In An Age Of Terrorism

Author : Christopher A. Ford,Amichai Cohen
Publisher : Lexington Books
Page : 357 pages
File Size : 47,6 Mb
Release : 2012
Category : Law
ISBN : 9780739166536

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Rethinking the Law of Armed Conflict in an Age of Terrorism by Christopher A. Ford,Amichai Cohen Pdf

Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."

Author : Anthony F. Lang, Jr.,Amanda Russell Beattie
Publisher : Routledge
Page : 232 pages
File Size : 49,7 Mb
Release : 2008-10-27
Category : History
ISBN : 9781134038688

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War, Torture and Terrorism by Anthony F. Lang, Jr.,Amanda Russell Beattie Pdf

This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that "obeying the rules" will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics. This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory.

Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 459 pages
File Size : 43,6 Mb
Release : 2018-07-26
Category : Law
ISBN : 9781509908653

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The Grey Zone by Mark Lattimer,Philippe Sands Pdf

The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today's conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.

Author : Ashley Jonathan Clements
Publisher : Routledge
Page : 168 pages
File Size : 51,6 Mb
Release : 2019-11-26
Category : History
ISBN : 9781000768978

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Humanitarian Negotiations with Armed Groups by Ashley Jonathan Clements Pdf

Humanitarians operate on the frontlines of today’s armed conflicts, where they regularly negotiate to provide assistance and to protect vulnerable civilians. This book explores this unique and under-researched field of humanitarian negotiation. It details the challenges faced by humanitarians negotiating with armed groups in Yemen, Myanmar, and elsewhere, arguing that humanitarians typically negotiate from a position of weakness. It also explores some of the tactics and strategies they use to overcome this power asymmetry to reach more favorable agreements. The author applies these findings to broader negotiation scholarship and investigates the implications of this research for the field and practice of humanitarianism. This book also demonstrates how non-state actors – both humanitarians and armed groups – have become increasingly potent diplomatic actors. It challenges traditional state-centric approaches to diplomacy and argues that non-state actors constitute an increasingly crucial vector through which international relations are replicated and reconstituted during contemporary armed conflict. Only by accepting these changes to the nature of diplomacy itself can the causes, symptoms, and solutions to armed conflict be better managed. This book will be of interest to scholars concerned with conflict resolution, negotiation, and mediation, as well as to humanitarian practitioners themselves.

Author : Nobuo Hayashi
Publisher : Cambridge University Press
Page : 453 pages
File Size : 42,9 Mb
Release : 2020-03-26
Category : Law
ISBN : 9781108484718

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Military Necessity by Nobuo Hayashi Pdf

Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.

Author : Neovi M. Karakatsanis
Publisher : Routledge
Page : 235 pages
File Size : 53,7 Mb
Release : 2017-07-05
Category : Social Science
ISBN : 9781351499118

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Political and Military Sociology by Neovi M. Karakatsanis Pdf

This volume of Political and Military Sociology focuses on the perceptions and identities of those serving in the military, using survey or interview data to explore those perceptions. A range of military forces are examined, including those of the United States, Israel, Norway, and Denmark.The first article, using survey data from Denmark, compares the views of Danish soldiers to civilians. The second article looks at the effects of military education upon the attitudes and values of soldiers. The third article explores Israeli soldiers' attitudes regarding formal military education. The fourth article addresses the impact of Norwegian soldiers' self-identity on military performance.In a different vein, the survey results of the fifth article show that support for soldiers on active duty in Iraq and Afghanistan does not necessarily translate into support for veterans. Military lawyers in the Israel Defense Forces are the subject of the sixth article. This volume concludes with an article that argues that military service should be offered as a legal policy alternative to incarceration.

Author : Dana Barnett,Efraim Karsh
Publisher : Routledge
Page : 173 pages
File Size : 44,5 Mb
Release : 2021-11-29
Category : Political Science
ISBN : 9781000486452

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Soft Threats to National Security by Dana Barnett,Efraim Karsh Pdf

This book explores the Boycott, Divestment, and Sanctions (BDS) phenomenon – its impact and implications for Israel and the Palestinian-Israeli conflict, as well as the inextricable linkage between its anti-Israeli/anti-Zionist propaganda and antisemitism, unraveled from yet unknown perspectives. The edited volume offers groundbreaking research: While Israeli public diplomacy focused on security, Palestinian diplomacy focused on a fabricated history. The book analyzes the old Russian anti-Zionist propaganda and its application by the BDS. The public space of BDS activity projects a humane façade, yet the covert part harbors antisemitic and violent supporters including terror groups and Iran. Western universities turned into incubators of pro-Palestinian groups that portray Israel as the source of evil. The academic boycott of Israel worked to isolate and stigmatize Jewish scholars in America because of a presumed Jewish occupation of the American academe. Western "liberals" wish to build bridges with the Muslim world, unable to overcome differences on democracy, secularism, women’s rights, etc., they focus on what they agree: animosity towards Israel. So has the UN; the ICC; Bedouin advocacy; and Human Rights Watch. The chapters in this book were originally published as a special issue of the journal Israel Affairs.

Author : Elisheva Rosman-Stollman,Aharon Kampinsky
Publisher : Lexington Books
Page : 283 pages
File Size : 46,6 Mb
Release : 2014-08-14
Category : Political Science
ISBN : 9780739194171

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Civil–Military Relations in Israel by Elisheva Rosman-Stollman,Aharon Kampinsky Pdf

This book, a collection of essays in honor of Stuart Cohen, examines a variety of issues in civil-military relations (CMR) in Israel and abroad. Beyond honoring Cohen’s work, this collection makes a substantial contribution to the field for a number of reasons. First, it brings together prominent scholars from different disciplines in the field, from both Israel and abroad, sketching its boundaries. The chapters in the collection deal with a variety of issues, theoretical and empirical, including topics that are usually neglected in English works, such as the control the military in Israel has on building construction permits in the civilian sector and the relations between the security establishment and the judicial system. Other chapters offer new theoretical perspectives such as the context within which Israeli CMR should be examined, and a more general look at the focus of CMR. Second, it gives non-Hebrew speaking scholars and laypersons alike a better idea of what the main issues in the field of civil-military relations in Israel are today. This book will allow university professors and laypersons to access quality scholarship while still offering a broad spectrum of topics.

Author : George Ulrich,Ineta Ziemele
Publisher : Oxford University Press
Page : 368 pages
File Size : 49,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780192589521

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How International Law Works in Times of Crisis by George Ulrich,Ineta Ziemele Pdf

For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.

Author : Kushtrim Istrefi
Publisher : BRILL
Page : 217 pages
File Size : 40,6 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004345263

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European Judicial Responses to Security Council Resolutions by Kushtrim Istrefi Pdf

Security Council Resolutions affecting human rights : targeted sanctions and security detentions -- -- Duty to comply with Security Council Resolutions : the force of the UN Charter -- European judicial responses to Security Council Resolutions affecting individual rights -- The effects of the European jurisprudence : human rights, due process reform, and the UN Charter

Author : Stuart A. Cohen
Publisher : Routledge
Page : 210 pages
File Size : 53,6 Mb
Release : 2016-05-13
Category : Political Science
ISBN : 9781317148845

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Divine Service? by Stuart A. Cohen Pdf

Religion now plays an increasingly prominent role in the discourse on international security. Within that context, attention largely focuses on the impact exerted by teachings rooted in Christianity and Islam. By comparison, the linkages between Judaism and the resort to armed force are invariably overlooked. This book offers a corrective. Comprising a series of essays written over the past two decades by one of Israel's most distinguished military sociologists, its point of departure is that the establishment of the state of Israel in 1948, quite apart from revolutionizing Jewish political activity, also triggered a transformation in Jewish military perceptions and conduct. Soldiering, which for almost two millennia was almost entirely foreign to Jewish thought and practice, has by virtue of universal conscription (for women as well as men) become a rite of passage to citizenship in the Jewish state. For practicing orthodox Jews in Israel that change generates dilemmas that are intellectual as well as behavioural, and has necessitated both doctrinal and institutional adaptations. At the same time, the responses thus evoked are forcing Israel's decision-makers to reconsider the traditional role of the Israel Defence Force (IDF) as their country's most evocative symbol of national unity.

Author : Elbridge A. Colby,Michael S. Gerson,Strategic Studies Institute,U.S. Army War College
Publisher : Lulu.com
Page : 452 pages
File Size : 43,7 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 9781304049520

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Strategic Stability: Contending Interpretations (Enlarged Edition) by Elbridge A. Colby,Michael S. Gerson,Strategic Studies Institute,U.S. Army War College Pdf

Author : Steven Metz
Publisher : Unknown
Page : 140 pages
File Size : 50,7 Mb
Release : 2000
Category : Information warfare
ISBN : UVA:X004399679

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Armed Conflict in the 21st Century by Steven Metz Pdf

Author : Michael Bothe
Publisher : Oxford University Press
Page : 767 pages
File Size : 45,9 Mb
Release : 2013-08-29
Category : History
ISBN : 9780199658800

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The Handbook of International Humanitarian Law by Michael Bothe Pdf

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Author : Ziv Bohrer,Janina Dill,Helen Duffy
Publisher : Cambridge University Press
Page : 260 pages
File Size : 52,7 Mb
Release : 2020-02-29
Category : Law
ISBN : 1108722989

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Law Applicable to Armed Conflict by Ziv Bohrer,Janina Dill,Helen Duffy Pdf

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.