Law Vs War
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War Law
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Author : Michael Byers
language : en
Publisher: Open Road + Grove/Atlantic
Release Date : 2007-12-01
War Law written by Michael Byers and has been published by Open Road + Grove/Atlantic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-01 with Law categories.
“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
Law Vs War
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Author : Shawn Boyne
language : en
Publisher:
Release Date : 2005
Law Vs War written by Shawn Boyne and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Terrorism categories.
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.
War And The Law Of Nations
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Author : Stephen C. Neff
language : en
Publisher: Cambridge University Press
Release Date : 2005-08-04
War And The Law Of Nations written by Stephen C. Neff and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-04 with Law categories.
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.
Law Versus War
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Author : Vera Brittain
language : en
Publisher:
Release Date : 1944
Law Versus War written by Vera Brittain and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1944 with International law categories.
Just Or Unjust War
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Author : Mohammad Taghi Karoubi
language : en
Publisher: Routledge
Release Date : 2017-11-30
Just Or Unjust War written by Mohammad Taghi Karoubi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
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.
Law Vs War Competing Approaches To Fighting Terrorism
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Author :
language : en
Publisher:
Release Date : 2005
Law Vs War Competing Approaches To Fighting Terrorism written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
The three papers in this collection of readings resulted from a conference entitled "Beyond the U.S. War on Terrorism: Comparing Domestic Legal Remedies to an International Dilemma". The conference was sponsored by the John Bassett Moore Society of International Law, University of Virginia School of Law, in cooperation with the Strategic Studies Institute, U.S. Army War College, and was held February 25-26, 2005. Over 160 people participated in the conference conducted at The University of Virginia. Conference participants included representatives from government agencies involved in the U.S. war on terrorism, students and faculty members from other universities participating in elds related to the topic of the conference, and members of the local community and the University of Virginia. The conference program was designed to discuss international legal remedies to terrorism in terms of: (1) the importance of definitions for war and terrorism, (2) the evolution of U.S. political and legal responses to terrorism, (3) the long and rich European experience, (4) the lessons from Latin America about terrorism and the dangers of oppressive reactions, (5) the Islamic world's role in and reaction to terrorism, and (6) the relationship between terrorism and the law of the battlefield. A panel, with members drawn from diverse backgrounds, was dedicated to each of these six topics.
Law At War
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Author : Ola Engdahl
language : en
Publisher: BRILL
Release Date : 2008
Law At War written by Ola Engdahl and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
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.
The Laws Of War In International Thought
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Author : Pablo Kalmanovitz
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-09-14
The Laws Of War In International Thought written by Pablo Kalmanovitz and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-14 with Law categories.
Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.
Essays On Law And War At The Fault Lines
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Author : Michael N. Schmitt
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-11-15
Essays On Law And War At The Fault Lines written by Michael N. Schmitt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-15 with Law categories.
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.
The Law Of Armed Conflict
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Author : Gary D. Solis
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-18
The Law Of Armed Conflict written by Gary D. Solis and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-18 with Law categories.
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.