New Battlefields Old Laws
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New Battlefields Old Laws
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Author : William C. Banks
language : en
Publisher: Columbia University Press
Release Date : 2011-10-25
New Battlefields Old Laws written by William C. Banks and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-25 with Political Science categories.
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.
New Battlefields Old Laws
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Author : William C. Banks
language : en
Publisher:
Release Date : 2015
New Battlefields Old Laws written by William C. Banks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Asymmetric warfare categories.
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 that wage prolonged campaigns of terrorism-or even more conventional attacks. Yet not everyone concurs. Some scholars believe current laws are broad enough to accommodate these new realities. Recognizing that many of today's conflicts are low-inte.
The New Warfare
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Author : J. Martin Rochester
language : en
Publisher: Routledge
Release Date : 2016-02-19
The New Warfare written by J. Martin Rochester and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-19 with Political Science categories.
This book looks at the evolving relationship between war and international law, examining the complex practical and legal dilemmas posed by the changing nature of war in the contemporary world, whether the traditional rules governing the onset and conduct of hostilities apply anymore, and how they might be adapted to new realities. War, always messy, has become even messier today, with the blurring of interstate, intrastate, and extrastate violence. How can the United States and other countries be expected to fight honourably and observe the existing norms when they often are up against an adversary who recognizes no such obligations? Indeed, how do we even know whether an "armed conflict" is underway when modern wars tend to lack neat beginnings and endings and seem geographically indeterminate, as well? What is the legality of anticipatory self-defense, humanitarian intervention, targeted killings, drones, detention of captured prisoners without POW status, and other controversial practices? These questions are explored through a review of the United Nations Charter, Geneva Conventions, and other regimes and how they have operated in recent conflicts. Through a series of case studies, including the U.S. war on terror and the wars in Afghanistan, Iraq, Gaza, Kosovo, and Congo, the author illustrates the challenges we face today in the ongoing effort to reduce war and, when it occurs, to make it more humane.
The New Warfare
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Author : J. Martin Rochester
language : en
Publisher: Routledge
Release Date : 2016-02-19
The New Warfare written by J. Martin Rochester and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-19 with Political Science categories.
This book looks at the evolving relationship between war and international law, examining the complex practical and legal dilemmas posed by the changing nature of war in the contemporary world, whether the traditional rules governing the onset and conduct of hostilities apply anymore, and how they might be adapted to new realities. War, always messy, has become even messier today, with the blurring of interstate, intrastate, and extrastate violence. How can the United States and other countries be expected to fight honourably and observe the existing norms when they often are up against an adversary who recognizes no such obligations? Indeed, how do we even know whether an "armed conflict" is underway when modern wars tend to lack neat beginnings and endings and seem geographically indeterminate, as well? What is the legality of anticipatory self-defense, humanitarian intervention, targeted killings, drones, detention of captured prisoners without POW status, and other controversial practices? These questions are explored through a review of the United Nations Charter, Geneva Conventions, and other regimes and how they have operated in recent conflicts. Through a series of case studies, including the U.S. war on terror and the wars in Afghanistan, Iraq, Gaza, Kosovo, and Congo, the author illustrates the challenges we face today in the ongoing effort to reduce war and, when it occurs, to make it more humane.
Counterinsurgency Law
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Author : William Banks
language : en
Publisher: Oxford University Press
Release Date : 2013-02-21
Counterinsurgency Law written by William Banks and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-21 with Law categories.
"The four parts of our book that follow offer a range of legal and policy perspectives on the problems of COIN in particular and irregular warfare in general as twenty-first century asymmetric warfare continues to evolve. The contributors offer analyses and prescriptions that are complimentary in some instances and widely divergent in others"--Page xxii, Introduction.
War Beyond The Battlefield
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Author : David Grondin
language : en
Publisher: Routledge
Release Date : 2013-09-13
War Beyond The Battlefield written by David Grondin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-13 with History categories.
In an effort to make sense of war beyond the battlefield in studying the wars that were captured under the rubric of the "War on Terror", this special issue book seeks to explore the complex spatial relationships between war and the spaces that one is not used to thinking of as the battlefield. It focuses on the conflicts that still animate the spaces and places where violence has been launched and that the war has not left untouched. In focusing on war beyond the battlefield, it is not that the battlefield as the place where war is waged has gone in smoke or has borne out of importance, it is rather the case that the battlefield has been dis-placed, re-designed, re-shaped and rethought through new spatializing practices of warfare. These new spaces of war – new in the sense that they are not traditionally thought of as spaces where war takes place or is brought to – are television screens, cellular phones and bandwidth, George W. Bush’s ranch in Crawford, Texas, videogames, popular culture sites, news media, blogs, and so on. These spaces of war beyond the battlefield are crucial to understanding what goes on the battlefield, in Iraq, Afghanistan, or in other fronts of the War on Terror (such as the homeland) – to understand how terror has globally been waged beyond the battlefield. This book was originally published as a special issue of Geopolitics.
Lawfare
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Author : Orde F. Kittrie
language : en
Publisher: Oxford University Press
Release Date : 2016
Lawfare written by Orde F. Kittrie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
Yearbook Of International Humanitarian Law 2013
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Author : Terry D. Gill
language : en
Publisher: Springer
Release Date : 2014-11-15
Yearbook Of International Humanitarian Law 2013 written by Terry D. Gill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-15 with Law categories.
This volume contains several articles on the topic ‘Detention in non-international armed conflict’, including the Copenhagen Process, and moreover features contributions on autonomous weapons systems, Apartheid and the second Turkel Report. It also contains an elaborate Year in Review and a special section on the high-level Boundaries of the Battlefield symposium, including a conference report and several in-depth reflections on various other aspects of the symposium. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Armed Drones And Globalization In The Asymmetric War On Terror
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Author : Fred Aja Agwu
language : en
Publisher: Routledge
Release Date : 2017-12-06
Armed Drones And Globalization In The Asymmetric War On Terror written by Fred Aja Agwu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Law categories.
This book is a critical exploration of the war on terror from the prism of armed drones and globalization. It is particularly focused on the United States’ use of the drones, and the systemic dysfunctions that globalization has caused to international political economy and national security, creating backlash in which the desirability of globalization is not only increasingly questioned, but the resultant dissension about its desirability appears increasingly militating against the international consensus needed to fight the war on terror. To underline the controversial nature of the war on terror and the pragmatic weapon (armed drones) fashioned for its prosecution, some of the elements of this controversy have been interrogated in this book. They include, amongst others, the doubt over whether the war should have been declared in the first place because terrorist attacks hardly meet the United Nations’ casus belli – an armed attack. There are critics, as highlighted in this book, who believe that the war on terror is not an armed conflict properly so called, and, thus, remains only a law enforcement issue. The United States and all the states taking part in the war on terror are obligated to observe International Humanitarian Law (IHL). It is within this context of IHL that this book appraises the drone as a weapon of engagement, discussing such issues as personality and signature strikes as well as the implications of the deployment of spies as drone strikers rather than the Defence Department, the members of the U.S armed forces. This book will be of value to researchers, academics, policymakers, professionals, and students in the fields of security studies, terrorism, the law of armed conflict, international humanitarian law, and international politics.
Conflict Refugees
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Author : Christel Querton
language : en
Publisher: Cambridge University Press
Release Date : 2023-08-10
Conflict Refugees written by Christel Querton 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 2023-08-10 with Law categories.
Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.