Essays On Law And War At The Fault Lines

Author : Michael N. Schmitt
Publisher : Springer Science & Business Media
ISBN 13 : 9067047406
Total Pages : 640 pages
Book Rating : 4.01/5 ( download)

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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.

Author : Michael Schmitt
Publisher : BRILL
ISBN 13 : 9047421256
Total Pages : 628 pages
Book Rating : 4.52/5 ( download)

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Download or read book International Law and Armed Conflict: Exploring the Faultlines written by Michael Schmitt and published by BRILL. This book was released on 2007-08-30 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein’s classic works – War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict − the book addresses both ius ad bellum and ius in bello topics.

Author : Leslie C Green
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900464024X
Total Pages : 620 pages
Book Rating : 4.45/5 ( download)

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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.

Author : C. J. Greenwood
Publisher :
ISBN 13 :
Total Pages : 710 pages
Book Rating : 4.90/5 ( download)

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Download or read book Essays on War in International Law written by C. J. Greenwood and published by . This book was released on 2006 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.

Author : Leslie C. Green
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.06/5 ( download)

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Download or read book Essays on the Modern Law of War written by Leslie C. Green and published by Brill Nijhoff. This book was released on 1999 with total page 632 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.

Author : Helen Duffy
Publisher : Cambridge University Press
ISBN 13 : 1316194248
Total Pages : 1071 pages
Book Rating : 4.49/5 ( download)

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Download or read book The ‘War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2015-04-09 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.

Author : Phillip Drew
Publisher : Oxford University Press
ISBN 13 : 0192536451
Total Pages : 210 pages
Book Rating : 4.57/5 ( download)

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Download or read book The Law of Maritime Blockade written by Phillip Drew and published by Oxford University Press. This book was released on 2017-12-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law. Reviewing the development of blockade law over the past four centuries, The Law of Maritime Blockade provides a historical analysis of the law as it emerged, tracing its evolution through armed conflicts between 1684 and the present. Referring to the starvation caused by the blockade of Germany during World War I and the humanitarian crisis caused by the sanctions regime against Iraq (1991-2003), this book demonstrates that blockade can have extremely deleterious effects for vulnerable civilian populations. In this context the current law of blockade is examined, and found to be deficient in terms of its protection for civilians. Recognizing and advocating that blockade should remain as a valid and effective method of warfare, the book offers a template for a modern law of maritime blockade that incorporates many of the traditional aspects of the law, while reducing the possibilities that blockades can cause or exacerbate humanitarian disasters.

Author : Marcela Prieto Rudolphy
Publisher : Oxford University Press
ISBN 13 : 0192667920
Total Pages : 321 pages
Book Rating : 4.22/5 ( download)

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Download or read book The Morality of the Laws of War written by Marcela Prieto Rudolphy and published by Oxford University Press. This book was released on 2023-05-04 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder. Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing in wartime, deconstructing the revisionist view of war and offering a new perspective on the legal equality of combatants. Prieto Rudolphy not only examines the tension between the revisionist morality and the traditional thesis of symmetry between combatants but proposes a contingent justification of the latter and an alternative morality of war. Underlying both is the inescapable fact that regulating war is always a moral compromise. At the same time, she argues that there is urgent moral pressure to improve our laws - to bring them closer to an ideal whereby war does not exist. The Morality of the Laws of War is a must-read for scholars of moral philosophy and international law, from students to experts, providing a thorough account of contemporary debates on the ethics of warfare and using nuanced arguments to illuminate a fresh perspective.

Author : Yaroslav Radziwill
Publisher : BRILL
ISBN 13 : 9004298304
Total Pages : 429 pages
Book Rating : 4.09/5 ( download)

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Download or read book Cyber-Attacks and the Exploitable Imperfections of International Law written by Yaroslav Radziwill and published by BRILL. This book was released on 2015-07-24 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cyber-Attacks and the Exploitable Imperfections of International Law reveals elements of existing jus ad bellum and jus in bello regimes that are unable to accommodate the threats posed by cyber-attacks. It maps out legal gaps, deficiencies, and uncertainties, which international actors may seek to exploit to their political benefit.

Author : Amichai Cohen
Publisher : Oxford University Press
ISBN 13 : 0197556728
Total Pages : 281 pages
Book Rating : 4.26/5 ( download)

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Download or read book Proportionality in International Humanitarian Law written by Amichai Cohen and published by Oxford University Press. This book was released on 2021 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of proportionality is one of the cornerstones of International Humanitarian Law. Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, & accepted as almost axiomatic. Yet, the exact meaning of this principle is vague. Almost every issue is in dispute. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military & civilian purposes?