Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
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 Necessity Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
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 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 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: Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Download or read book Gays in Or Out written by Ronald D. Ray and published by Potomac Books. This book was released on 1993 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author presents evidence of his opinion that the ban of homosexuals serving in the military should be upheld, despite the announcement of the President's intention to overturn the ban.
Download or read book War Crimes and Just War written by Larry May and published by Cambridge University Press. This book was released on 2007-02-12 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
Download or read book Oslo Manual on Select Topics of the Law of Armed Conflict written by Yoram Dinstein and published by Springer Nature. This book was released on 2020-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.
Download or read book Military Professionalism and Humanitarian Law written by Yishai Beer and published by Oxford University Press. This book was released on 2018-04-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.
Download or read book Bombing Pompeii written by Nigel Pollard and published by University of Michigan Press. This book was released on 2020-11-18 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bombing Pompeii examines the circumstances under which over 160 Allied bombs hit the archaeological site of Pompeii in August and September 1943, and the wider significance of this event in the history of efforts to protect cultural heritage in conflict zones, a broader issue that is still of great importance. From detailed examinations of contemporary archival document, Nigel Pollard shows that the bomb damage to ancient Pompeii was accidental, and the bombs were aimed at road and rail routes close to the site in an urgent attempt to slow down the reinforcement and supply of German counter- attacks that threatened to defeat the Allied landings in the Gulf of Salerno. The book sets this event, along with other instances of damage and risk to cultural heritage in Italy in the Second World War, in the context of the development of the Allied Monuments, Fine Arts, and Archives – the “Monuments Men.”
Download or read book The Big Stick written by Eliot A. Cohen and published by Basic Books. This book was released on 2017-01-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Speak softly and carry a big stick" Theodore Roosevelt famously said in 1901, when the United States was emerging as a great power. It was the right sentiment, perhaps, in an age of imperial rivalry but today many Americans doubt the utility of their global military presence, thinking it outdated, unnecessary or even dangerous. In The Big Stick, Eliot A. Cohen-a scholar and practitioner of international relations-disagrees. He argues that hard power remains essential for American foreign policy. While acknowledging that the US must be careful about why, when, and how it uses force, he insists that its international role is as critical as ever, and armed force is vital to that role. Cohen explains that American leaders must learn to use hard power in new ways and for new circumstances. The rise of a well-armed China, Russia's conquest of Crimea and eastern Ukraine, nuclear threats from North Korea and Iran, and the spread of radical Islamist movements like ISIS are some of the key threats to global peace. If the United States relinquishes its position as a strong but prudent military power, and fails to accept its role as the guardian of a stable world order we run the risk of unleashing disorder, violence and tyranny on a scale not seen since the 1930s. The US is still, as Madeleine Albright once dubbed it, "the indispensable nation."
Download or read book Personal Justice Denied Report written by United States. Commission on Wartime Relocation and Internment of Civilians and published by . This book was released on 1982 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part II (p.315-359) concerns the removal of Aleuts to camps in southeastern Alaska and their subsequent resettlement at war's end.
Download or read book Peninsula Campaign and the Necessity of Emancipation written by Glenn David Brasher and published by Univ of North Carolina Press. This book was released on 2012 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Peninsula Campaign and the Necessity of Emancipation
Download or read book Integration of the Armed Forces 1940 1965 written by Morris J. MacGregor and published by e-artnow. This book was released on 2020-06-18 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the quarter century that followed American entry into World War II, the nation's armed forces moved from the reluctant inclusion of a few segregated Negroes to their routine acceptance in a racially integrated military establishment. Nor was this change confined to military installations. By the time it was over, the armed forces had redefined their traditional obligation for the welfare of their members to include a promise of equal treatment for black servicemen wherever they might be. In the name of equality of treatment and opportunity, the Department of Defense began to challenge racial injustices deeply rooted in American society. For all its sweeping implications, equality in the armed forces obviously had its pragmatic aspects. In one sense it was a practical answer to pressing political problems that had plagued several national administrations. In another, it was the services' expression of those liberalizing tendencies that were permeating American society during the era of civil rights activism. But to a considerable extent the policy of racial equality that evolved in this quarter century was also a response to the need for military efficiency. So easy did it become to demonstrate the connection between inefficiency and discrimination that, even when other reasons existed, military efficiency was the one most often evoked by defense officials to justify a change in racial policy."_x000D_ Morris J. MacGregor, Jr., received the A.B. and M.A. degrees in history from the Catholic University of America. He continued his graduate studies at the Johns Hopkins University and the University of Paris on a Fulbright grant. Before joining the staff of the U.S. Army Center of Military History in 1968 he served for ten years in the Historical Division of the Joint Chiefs of Staff.
