[PDF] The Intersection Of Law And War eBook

Author : Kristen Boon
Publisher : Oxford University Press, USA
Page : 591 pages
File Size : 10,71 MB
Release : 2012
Category : Law
ISBN : 019991592X

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Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.

Author : H. Byerley Thomson
Publisher : Legare Street Press
Page : 0 pages
File Size : 13,77 MB
Release : 2023-07-18
Category : Law
ISBN : 9781021996398

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A comprehensive guide to the legal issues surrounding warfare and its impact on global commerce and shipping. Covering topics such as prize law, contraband, and blockade, this book is a must-read for anyone interested in the intersection of law and international relations. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : William C. Banks
Publisher : Columbia University Press
Page : 320 pages
File Size : 41,17 MB
Release : 2011-10-25
Category : Political Science
ISBN : 0231526563

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An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.

Author : Stephen C. Neff
Publisher : Cambridge University Press
Page : 457 pages
File Size : 38,42 MB
Release : 2005-08-04
Category : Law
ISBN : 1139445235

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This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

Author : Frits Kalshoven
Publisher : BRILL
Page : 1128 pages
File Size : 11,59 MB
Release : 2007-05-31
Category : Law
ISBN : 9047420837

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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.

Author : United States. War Department
Publisher : Good Press
Page : 39 pages
File Size : 48,84 MB
Release : 2023-10-30
Category : Law
ISBN :

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In 'A Code for the Government of Armies in the Field,' the United States War Department, under the guidance of Francis Lieber, offers a seminal collection that brings together pivotal legal and ethical guidelines for military conduct during wartime. This anthology serves not only as a historical artifact but also as a reflection on the evolving perspectives on warfare and the moral considerations it entails. The work stands out for its pioneering approach to codifying wartime conduct, addressing themes of humanity, justice, and the rights of individuals and communities in conflict zones. The diversity within its pages showcases a range of legislative styles and philosophical insights, marking a significant moment in the intersection of law, military ethics, and international relations. The contributors, spearheaded by Francis Lieber, bring a rich assortment of backgrounds in law, military strategy, and ethics. Liebers role as a legal scholar and his contributions to the codification of laws of war serve as the foundation for this collection, reflecting broader 19th-century debates about morality, statecraft, and the conduct of war. This anthology emerges from and contributes to a crucial period of transformation in how societies conceive of military ethics, human rights, and international law, embodying a critical moment of convergence between historical practices and modern legal standards. 'A Code for the Government of Armies in the Field' is a must-read for scholars, legal practitioners, and anyone interested in the ethical considerations of warfare and the historical underpinnings of modern international law. This anthology offers an unparalleled opportunity to engage with foundational texts that continue to influence contemporary discourse on military conduct and legal ethics. By exploring the diverse insights and rigorous analyses presented by Lieber and the United States War Department, readers will gain a nuanced understanding of the complexities surrounding wartime ethics, the evolution of international humanitarian law, and the enduring quest for justice in the context of armed conflict. This collection is an invaluable resource for navigating the intersection of history, law, and morality, inviting a profound contemplation on the legacy and lessons of wartime governance.

Author : Austin Sarat
Publisher : Stanford University Press
Page : 249 pages
File Size : 13,85 MB
Release : 2014-01-08
Category : Law
ISBN : 0804788863

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Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?

Author : Ingrid Detter Delupis
Publisher : Cambridge University Press
Page : 556 pages
File Size : 25,57 MB
Release : 2000-09-28
Category : Law
ISBN : 9780521782562

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Analysis of the changing legal context of modern warfare including developments over the last decade.

Author : Paul Battersby
Publisher :
Page : 0 pages
File Size : 34,16 MB
Release :
Category : Criminology
ISBN :

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This expert analysis addresses the many interconnections between political violence and crime, including the transnational crimes of non-state actors and the international crimes of states. How crime is defined goes to the heart of the boundaries drawn between legitimate and illegitimate use of force; between violence and non-violence; between legality and criminality. Crime Wars: The Global Intersection of Crime, Political Violence, and International Law presents a well-balanced, introductory analysis of this critically important subject, addressing the many points of intersection between political legitimacy, law, political violence, and criminal activity. This thought-provoking work examines the criminalization of the developing world, opening up debate about the nature and cause of acts that transgress laws, rules, and social norms. Acknowledging the subjective nature of crime, it nevertheless urges readers to ask difficult questions about why law-abiding persons and states sanction rule infringement, law breaking, and amoral policy. Perhaps most importantly, the authors assess structures of global and regional governance, including legal regimes and major international non-governmental agencies, to offer unique, historically grounded insights into security challenges and the ways in which global crimes and wars can be addressed in the 21st century.

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 27,92 MB
Release : 2007-12-01
Category : Law
ISBN : 155584846X

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“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