Download or read book Honest Errors Combat Decision Making 75 Years After the Hostage Case written by Nobuo Hayashi and published by T.M.C. Asser Press. This book was released on 2023-09-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Download or read book Honest Errors Combat Decision Making 75 Years After the Hostage Case written by Nobuo Hayashi and published by Springer Nature. This book was released on 2023-11-04 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Download or read book The Military Commander s Necessity written by Sigrid Redse Johansen and published by Cambridge University Press. This book was released on 2019-10-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
Download or read book The Death of Expertise written by Tom Nichols and published by Oxford University Press. This book was released on 2017-02-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technology and increasing levels of education have exposed people to more information than ever before. These societal gains, however, have also helped fuel a surge in narcissistic and misguided intellectual egalitarianism that has crippled informed debates on any number of issues. Today, everyone knows everything: with only a quick trip through WebMD or Wikipedia, average citizens believe themselves to be on an equal intellectual footing with doctors and diplomats. All voices, even the most ridiculous, demand to be taken with equal seriousness, and any claim to the contrary is dismissed as undemocratic elitism. Tom Nichols' The Death of Expertise shows how this rejection of experts has occurred: the openness of the internet, the emergence of a customer satisfaction model in higher education, and the transformation of the news industry into a 24-hour entertainment machine, among other reasons. Paradoxically, the increasingly democratic dissemination of information, rather than producing an educated public, has instead created an army of ill-informed and angry citizens who denounce intellectual achievement. When ordinary citizens believe that no one knows more than anyone else, democratic institutions themselves are in danger of falling either to populism or to technocracy or, in the worst case, a combination of both. An update to the 2017breakout hit, the paperback edition of The Death of Expertise provides a new foreword to cover the alarming exacerbation of these trends in the aftermath of Donald Trump's election. Judging from events on the ground since it first published, The Death of Expertise issues a warning about the stability and survival of modern democracy in the Information Age that is even more important today.
Download or read book Risk Taking in International Politics written by Rose McDermott and published by University of Michigan Press. This book was released on 2001 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the way leaders deal with risk in making foreign policy decisions
Download or read book The Mayaguez Crisis Mission Command and Civil military Relations written by Christopher Jon Lamb and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface -- Abbreviations -- Key figures in the Mayaguez Crisis -- Introduction -- Day one: Monday, May 12 -- Day two: Tuesday, May 13 -- Day three: Wednesday, May 14 -- Day four: Thursday, May 15 -- Critical crisis decisions -- Explaining decisions, behaviors and outcomes -- Refining the explanation: rationality, bureaucracy and beliefs -- Findings, issues, prescriptions -- Conclusion.
Download or read book The Challenge of Crime in a Free Society written by United States. President's Commission on Law Enforcement and Administration of Justice and published by . This book was released on 1967 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988-10 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Affairs written by William M. Hammond and published by Government Printing Office. This book was released on 1988 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States Army in Vietnam. CMH Pub. 91-13. Draws upon previously unavailable Army and Defense Department records to interpret the part the press played during the Vietnam War. Discusses the roles of the following in the creation of information policy: Military Assistance Command's Office of Information in Saigon; White House; State Department; Defense Department; and the United States Embassy in Saigon.
Download or read book Dragon Operations written by Thomas P Odom and published by www.Militarybookshop.CompanyUK. This book was released on 2010-12-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August 1964, thousands of Simba rebels attacked and captured the city of Stanleyville in the newly independent Republic of the Congo and took more than 1,600 European and American residents as hostages, threatening to kill them if any attempt was made to recapture the city. In November of that year, after months of increasingly tense and complex discussions among the governments whose nationals were being held, an airborne assault by Belgian paracommandos dropped by American Air Force planes, combined with a CIA-piloted air strike against the Stanleyville airport, liberated most of the hostages, but only after a Simba-initiated massacre. "Dragon Operations: Hostage Rescues in the Congo, 1964-1965" provides both the political background to these events and a detailed account of the actual operations: Dragon Rouge, the operations in Stanleyville, and Dragon Noir, focused on the city of Paulis, several hundred miles away. The book highlights the difficulties in organizing an international rescue effort with insufficient joint planning and inadequate command and control among the Belgian and American forces, as well as their differing political ideas and goals. The ad hoc nature of the planning was exemplified by an initial American Special Forces plan to air drop its forces east of Stanleyville and float down the river to Stanleyville. This plan was aborted when it was pointed out that the existence of Stanley Falls between the drop zone and the city was an insuperable obstacle. The operation also suffered from the Belgian commander's colonial-era contempt for the numerical strength of the Simbas and American fears of what was in reality a non-existent Communist element in the rebel movement."Dragon Operations" demonstrates that, despite the slapdash nature of their planning and communications aspects, as well as the distance involved, the austere support, the large number of hostages, and a lack of intelligence data, they were remarkably successful in rescuing most of the hostages. Although less than ideal, the operations worked better than expected, given the conditions under which they were conducted. This important study of an almost forgotten episode of the Cold War has much to offer to military strategists and tacticians, political scientists and students of contemporary history alike. Orginally published in 1988: 236 p. maps. ill.
Download or read book New Challenges New Tools for Defense Decisionmaking written by Stuart E. Johnson and published by Rand Corporation. This book was released on 2003-03-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is still easy to underestimate how much the collapse of the Soviet Union and the end of the Cold War?--and then the terrorist attacks of September 11, 2001?--transformed the task of American foreign and defense policymaking. In place of predictability (if a sometimes terrifying predictability), the world is now very unpredictable. In place of a single overriding threat and benchmark by which all else could be measured, a number of possible threats have arisen, not all of them states. In place of force-on-force engagements, U.S. defense planners have to assume "asymmetric" threats?--ways not to defeat U.S. power but to render it irrelevant. This book frames the challenges for defense policy that the transformed world engenders, and it sketches new tools for dealing with those challenges?--from new techniques in modeling and gaming, to planning based on capabilities rather than threats, to personnel planning and making use of "best practices" from the private sector.
Download or read book The Russian Way of War written by Lester W. Grau and published by Mentor Military. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Force Structure, Tactics, and Modernization of the Russian Ground Forces The mighty Soviet Army is no more. The feckless Russian Army that stumbled into Chechnya is no more. Today's Russian Army is modern, better manned, better equipped and designed for maneuver combat under nuclear-threatened conditions. This is your source for the tactics, equipment, force structure and theoretical underpinnings of a major Eurasian power. Here's what the experts are saying: "A superb baseline study for understanding how and why the modern Russian Army functions as it does. Essential for specialist and generalist alike." -Colonel (Ret) David M. Glantz, foremost Western author on the Soviet Union in World War II and Editor of The Journal of Slavic Military Studies. "Congratulations to Les Grau and Chuck Bartles on filling a gap which has yawned steadily wider since the end of the USSR. Their book addresses evolving Russian views on war, including the blurring of its nature and levels, and the consequent Russian approaches to the Ground Forces' force structuring, manning, equipping, and tactics. Confidence is conferred on the validity of their arguments and conclusions by copious footnoting, mostly from an impressive array of primary sources. It is this firm grounding in Russian military writings, coupled with the authors' understanding of war and the Russian way of thinking about it, that imparts such an authoritative tone to this impressive work." -Charles Dick, former Director of the Combat Studies Research Centre, Senior Fellow at the Defence Academy of the United Kingdom, author of the 1991 British Army Field Manual, Volume 2, A Treatise on Soviet Operational Art and author of From Victory to Stalemate The Western Front, Summer 1944 and From Defeat to Victory, The Eastern Front, Summer 1944. "Dr. Lester Grau's and Chuck Bartles' professional research on the Russian Armed Forces is widely read throughout the world and especially in Russia. Russia's Armed Forces have changed much since the large-scale reforms of 2008, which brought the Russian Army to the level of the world's other leading armies. The speed of reform combined with limited information about their core mechanisms represented a difficult challenge to the authors. They have done a great job and created a book which could be called an encyclopedia of the modern armed forces of Russia. They used their wisdom and talents to explore vital elements of the Russian military machine: the system of recruitment and training, structure of units of different levels, methods and tactics in defense and offence and even such little-known fields as the Arctic forces and the latest Russian combat robotics." -Dr. Vadim Kozyulin, Professor of Military Science and Project Director, Project on Asian Security, Emerging Technologies and Global Security Project PIR Center, Moscow. "Probably the best book on the Russian Armed Forces published in North America during the past ten years. A must read for all analysts and professionals following Russian affairs. A reliable account of the strong and weak aspects of the Russian Army. Provides the first look on what the Russian Ministry of Defense learned from best Western practices and then applied them on Russian soil." -Ruslan Pukhov, Director of the Moscow-based Centre for the Analysis of Strategies and Technologies (CAST) and member of the Public Council of the Russian Federation Ministry of Defense. Author of Brothers Armed: Military Aspects of the Crisis in Ukraine, Russia's New Army, and The Tanks of August.
Download or read book The Concept of Race in International Criminal Law written by CAROLA. LINGAAS and published by Routledge. This book was released on 2021-06-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.
Download or read book War Without Quarter written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 1998 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws of war and Colombia
Download or read book Law and Sentiment in International Politics written by David Traven and published by Cambridge University Press. This book was released on 2021-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
Download or read book International Humanitarian Law written by Emily Crawford and published by Cambridge University Press. This book was released on 2020-03-12 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an accessible, scholarly, and up-to-date examination of international humanitarian law.
