Download or read book The Law of War written by William H. Boothby and published by Cambridge University Press. This book was released on 2018-03-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

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 Law and War written by Peter H. Maguire and published by Columbia University Press. This book was released on 2010 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.

Download or read book Law Vs War written by Shawn Boyne and published by . This book was released on 2005 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors address one of the fundamental assumptions underlying the conduct of the War on Terrorism -- the nature of our enemy, whether perpetrators of terrorist activities are criminals or soldiers (combatants). Although the United States recognizes that terrorist acts are certainly illegal, it has chosen to treat perpetrators as combatants; but much of the world, including many of our traditional allies, have opted for a purely legalistic approach. Disagreement about assumptions is not the only basis for divergent policies for confronting terrorism, but certainly explains much of our inability to agree on strategies to overcome what we recognize as a serious common and persistent international problem. Their insights into how our respective cultures and histories influence our definitions, assumptions, and subsequent policy decisions can assist us to respect and learn from competing strategies. They correctly surmise that our current international struggle is too important for us to ignore assumptions underlying our own and competing ideas.

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: Newly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? This book takes students through these LOACIHL questions and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied.

Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Just or Unjust War written by Mohammad Taghi Karoubi and published by Routledge. This book was released on 2017-11-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the traditional theory of just war in the light of modern principles of international law relating to the prohibition on the use of force repeatedly stressed by UNGA (United Nations General Assembly) resolutions and accepted by the ICJ (International Court of Justice). The author expresses doubts as to whether actions by some permanent members of the Security Council starting from September 1996 until April 2003, in the Balkans and the Persian Gulf, are legitimate under the just war theory, or any other rules of international law, and analyses in detail the claims made by the allied powers to justify their actions. The book also examines the significance of the transformation in the limitation and prohibition of the use of force in the contemporary legal system, by studying the origin of those tenets and their reflection in both the national laws of individual states and the international laws of armed conflict.

Download or read book Law and Morality at War written by Adil Ahmad Haque and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.

Download or read book Law at War written by Ola Engdahl and published by BRILL. This book was released on 2008 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of this volume have been inspired by the scholar to which this "Liber Amicorum" is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals. The volume also contains a bibliography and a presentation of Professor Bring's work.

Download or read book War and the Law of Nations written by Stephen C. Neff and published by Cambridge University Press. This book was released on 2005-08-04 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 volume is a history of war, from an international law perspective, from Roman times to the present.

Download or read book A History of the Laws of War Volume 2 written by Alexander Gillespie and published by Bloomsbury Publishing. This book was released on 2011-10-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives; Volume 2 on civilians; and Volume 3 on the law of arms control. This second book on civilians examines four different topics. The first topic deals with the targetting of civilians in times of war. This discussion is one which has been largely governed by the developments of technologies which have allowed projectiles to be discharged over ever greater areas, and attempts to prevent their indiscriminate utilisation have struggled to keep pace. The second topic concerns the destruction of the natural environment, with particular regard to the utilisation of starvation as a method of warfare, and unlike the first topic, this one has rarely changed over thousands of years, although contemporary practices are beginning to represent a clear break from tradition. The third topic is concerned with the long-standing problems of civilians under the occupation of opposing military forces, where the practices of genocide, collective punishments and/or reprisals, and rape have occurred. The final topic in this volume is about the theft or destruction of the property of the enemy, in terms of either pillage or the intentional devastation of the cultural property of the opposition. As a work of reference this set of three books is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself.

Download or read book Essays on Law and War at the Fault Lines written by Michael N. Schmitt and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

Download or read book Reflections on the Law of War written by Frits Kalshoven and published by BRILL. This book was released on 2007-05-31 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers collected in this volume span a 35-year period of active involvement in the ‘reaffirmation and development of international humanitarian law’. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author’s activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.

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 Law Versus War written by Vera Brittain and published by . This book was released on 1944 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Law and Armed Conflict written by Lauroe R. Blank and published by Aspen Publishing. This book was released on 2021-07-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents