Download or read book Law and Responsibility in Warfare written by American Society of International Law and published by Chapel Hill : University of North Carolina Press. This book was released on 1975 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first balanced account of the legal issues raised by the tactics and weapons used by the United States in the Vietnam War and of the individual responsibility of those who fought in and directed the war. Leading participants in the controversy over the war's conduct debate the issues raised when counterinsurgent forces use advanced means of warfare against insurgent forces with less sophisticated weaponry. Originally published in 1975. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Download or read book The International Criminal Responsibility of War s Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
Download or read book War and Moral Responsibility written by Thomas Scanlon and published by Princeton University Press. This book was released on 1974-07-21 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkably rich collection of articles focuses on moral questions about war. The essays, originally published in Philosophy & Public Affairs, cover a wide range of topics from several points of view by writers from the fields of political science, philosophy, and law. The discussion of war and moral responsibility falls into three general categories: problems of political and military choice, problems about the relation of an individual to the actions of his government, and more abstract ethical questions as well. The first category includes questions about the ethical and legal aspects of war crimes and the laws of war; about the source of moral restrictions on military methods or goals; and about differences in suitability of conduct which may depend on differences in the nature of the opponent. The second category includes questions about the conditions for responsibility of individual soldiers and civilian officials for war crimes, and about the proper attitude of a government toward potential conscripts who reject its military policies. The third category includes disputes between absolutist, deontological, and utilitarian ethical theories, and deals with questions about the existence of insoluble moral dilemmas.
Download or read book War Law written by Michael Byers and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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
Download or read book Of War and Law written by David Kennedy and published by Princeton University Press. This book was released on 2009-01-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Individual Responsibility in International Law for Serious Human Rights Violations written by Lyal S. Sunga and published by BRILL. This book was released on 2021-09-27 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Download or read book Military Justice written by White, Nigel D. and published by Edward Elgar Publishing. This book was released on 2022-03-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.
Download or read book Essays on the Modern Law of War written by Leslie C Green and published by Martinus Nijhoff Publishers. This book was released on 2023-12-11 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays convey collectively a picture of the law of armed conflict that is multidimensional in scope and insight. The second revised and expanded edition is an up-to-date, as well as a classically authoritative contribution to this immensely important field.
Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Download or read book Forms of Responsibility in International Criminal Law written by Gideon Boas and published by Cambridge University Press. This book was released on 2007 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book The Individualization of War written by Jennifer Welsh and published by Oxford University Press. This book was released on 2023-12-14 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights and responsibilities of the individual are at the centre of today's armed conflicts in a way that they have never been before. This process of 'individualization', which challenges the primacy of the sovereign state, is driven by normative developments related to human rights that have elevated human-centric conceptions of security and created a new class of international crimes, as well as by technological and strategic developments that can both empower individuals as military actors and enable either the targeting or protection of particular individuals. The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes. This book presents a novel conceptualization of the phenomenon of individualization, including how it is both practiced and contested. It then convenes a set of leading thinkers from the fields of moral philosophy, international law, and international relations to further our understanding of not only how individualization is manifest in armed conflict - in theory and in practice - but also how it generates tensions and challenges for today's scholars and practitioners. The collective research on which the book is based integrates the currently segregated scholarship on individualization in different academic disciplines, thereby illuminating the important links between law, morality, and politics that constitute the day-to-day reality for national militaries, international organizations, and humanitarian actors
Download or read book Accountability for Killing written by Neta Crawford and published by Oxford University Press. This book was released on 2013-10 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sophisticated and intellectually powerful analysis of culpability and moral responsibility in war, This book focuses on the causes of many episodes of foreseeable collateral damage. Trenchant, original, and ranging across security studies, international law, ethics, and international relations, Accountability for Killing will reshape our understanding of the ethics of contemporary war.
Download or read book Preventing War and Promoting Peace written by William H. Wiist and published by Cambridge University Press. This book was released on 2017-12-14 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing War and Promoting Peace focuses on how health professionals can actively engage in the prevention of war and the promotion of peace.
Download or read book Just and Unjust Warriors written by David Rodin and published by OUP Oxford. This book was released on 2010-08-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
Download or read book State Responsibility and New Trends in the Privatization of Warfare written by Frauke Renz and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime.
Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by OUP Oxford. This book was released on 2014-03-13 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
