Download or read book Rule of Law in War written by Travers McLeod and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.
Download or read book Customary Justice and the Rule of Law in War torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
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 The Law of War written by Ingrid Detter de Lupis Frankopan and published by Cambridge University Press. This book was released on 2000-09-28 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: D Types of war.
Download or read book From War to the Rule of Law written by J. J. C. Voorhoeve and published by Amsterdam University Press. This book was released on 2007 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.
Download or read book Peacekeeping Policing and the Rule of Law after Civil War written by Robert A. Blair and published by Cambridge University Press. This book was released on 2020-11-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN plays a vital but underappreciated role in restoring the rule of law in countries recovering from civil war.
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 The New Rules of War written by Sean McFate and published by HarperCollins. This book was released on 2019-01-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Stunning. Sean McFate is a new Sun Tzu." -Admiral James Stavridis (retired), former Supreme Allied Commander at NATO An Economist Book of the Year 2019 Some of the principles of warfare are ancient, others are new, but all described in The New Rules of War will permanently shape war now and in the future. By following them Sean McFate argues, we can prevail. But if we do not, terrorists, rogue states, and others who do not fight conventionally will succeed—and rule the world. The New Rules of War is an urgent, fascinating exploration of war—past, present and future—and what we must do if we want to win today from an 82nd Airborne veteran, former private military contractor, and professor of war studies at the National Defense University. War is timeless. Some things change—weapons, tactics, technology, leadership, objectives—but our desire to go into battle does not. We are living in the age of Durable Disorder—a period of unrest created by numerous factors: China’s rise, Russia’s resurgence, America’s retreat, global terrorism, international criminal empires, climate change, dwindling natural resources, and bloody civil wars. Sean McFate has been on the front lines of deep state conflicts and has studied and taught the history and practice of war. He’s seen firsthand the horrors of battle and understands the depth and complexity of the current global military situation. This devastating turmoil has given rise to difficult questions. What is the future of war? How can we survive? If Americans are drawn into major armed conflict, can we win? McFate calls upon the legends of military study Carl von Clausewitz, Sun Tzu, and others, as well as his own experience, and carefully constructs the new rules for the future of military engagement, the ways we can fight and win in an age of entropy: one where corporations, mercenaries, and rogue states have more power and ‘nation states’ have less. With examples from the Roman conquest, World War II, Vietnam, Afghanistan and others, he tackles the differences between conventional and future war, the danger in believing that technology will save us, the genuine leverage of psychological and ‘shadow’ warfare, and much more. McFate’s new rules distill the essence of war today, describing what it is in the real world, not what we believe or wish it to be.
Download or read book Expert Laws of War written by Anton O. Petrov and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.
Download or read book The United States Department of Defense Law of War Manual written by Michael A. Newton and published by Cambridge University Press. This book was released on 2019-01-24 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.
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 Rule of Law After War and Crisis written by Richard Zajac Sannerholm and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies such as Somalia, Kosovo, Liberia and Egypt. This has led to a host of externally promoted programmes and projects on law reform, constitutional development and judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but also enforced. A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in state-building has national legal and political consequences. Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. Furthermore, there is a need for a reorientation of rule of law assistance to the core values of the concept in order to retain its independent and 'analytical bite', and to develop criteria that can guide reformers in the field. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis. About the book 'This compelling account of the role of international actors promoting rule of law in war to peace transitions argues that we have overreached. By prescribing value-laden rule of law reforms to formal justice institutions after war, we have created 'blind-spots': international actor accountability, informal and customary justice systems, and the procedures and outcomes of public administration. This important book argues that the real test of international rule of law interventions is whether they create spaces where conflict-weary citizens can demand, challenge, and participate in the creation of better local governance.' Professor Veronica L. Taylor, Australian National University and University of Washington 'In short, Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive without succumbing to pessimism. Overall, Rule of Law After War and Crisis is a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishing it where it is absent.' Kendall L. Manlove in International Law and Politics (2013) 953 About the author Richard Zajac Sannerholm holds a PhD in law and has experience in rule of law reform in post-conflict, crisis and transition countries, working as a researcher and adviser for international organizations, national agencies and non-governmental organizations. Zajac Sannerholm currently works as a researcher and project leader at the Folke Bernadotte Academy in Sweden.
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.
Download or read book The Law of War written by Ingrid Detter and published by Routledge. This book was released on 2016-03-03 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. Ingrid Detter reviews the status of non-State actors, as individuals and groups become more prominent in international society. Covering post 9/11 events and the resulting changes in the ethos of war, the author analyses the role of military companies and examines what their legitimacy means for international society. The edition also discusses certain ’intrinsic’ rules in the Law of War, such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights. The author questions the right of ’illegal’ combatants to be treated as prisoners of war and suggests that a minimum standard must be afforded to all, whether captured dictators or detainees suspected of terrorism. In the modern world, the individual (the soldier, the civilian, the dictator, the terrorist or the pirate) can no longer behave as they wish. Further new topics include 'target killings', the ’right to protect’ (’R2P’, - claimed to be a new form of intervention), the use of unregulated weapons such as drones and robots, the war scenario in Outer Space and cyber crimes. There is also a discussion of new developments in the field of war crimes including severe criticism of the novel concept 'joint criminal enterprise' (JCE), which, in the opinion of the author, undermines the Rule of Law. This updated and expanded edition will be of use to statesmen, scholars and students of international relations and international law.
Download or read book World Peace Through Law written by James Taylor Ranney and published by Routledge. This book was released on 2017-09-08 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.
Download or read book Wars of Law written by Tanisha M. Fazal and published by Cornell University Press. This book was released on 2018-05-15 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--
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.
