Identifying the Enemy

Civilian Participation in Armed Conflict
Author: Emily Crawford
Publisher: Oxford University Press, USA
ISBN: 0199678499
Category: Civilians in war
Page: 288
View: 3835
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Over the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are. Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.

The Treatment of Combatants and Insurgents Under the Law of Armed Conflict


Author: Emily Crawford
Publisher: Oxford University Press
ISBN: 0199578966
Category: History
Page: 213
View: 4465
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On the recent US treatment of detainees in Guantanamo Bay in the "War on Terror", this book draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied. Readership: Scholars of international humanitarian law, international human rights law, and international criminal law; post-graduate students; practitioners in these areas.

Internationalized Armed Conflicts in International Law


Author: Kubo Macak
Publisher: Oxford University Press
ISBN: 0192551787
Category: Law
Page: 304
View: 8663
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This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

Research Handbook on Remote Warfare


Author: Jens David Ohlin
Publisher: Edward Elgar Publishing
ISBN: 1784716995
Category:
Page: 512
View: 9168
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The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.

International Law and Armed Conflict

Fundamental Principles and Contemporary Challenges in the Law of War
Author: Laurie R. Blank,Gregory P. Noone
Publisher: Aspen Publishers
ISBN: 1454881356
Category: Law
Page: 832
View: 5499
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Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios

What Every Person Should Know About War


Author: Chris Hedges
Publisher: Simon and Schuster
ISBN: 9781416583141
Category: History
Page: 192
View: 660
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Acclaimed New York Times journalist and author Chris Hedges offers a critical -- and fascinating -- lesson in the dangerous realities of our age: a stark look at the effects of war on combatants. Utterly lacking in rhetoric or dogma, this manual relies instead on bare fact, frank description, and a spare question-and-answer format. Hedges allows U.S. military documentation of the brutalizing physical and psychological consequences of combat to speak for itself. Hedges poses dozens of questions that young soldiers might ask about combat, and then answers them by quoting from medical and psychological studies. • What are my chances of being wounded or killed if we go to war? • What does it feel like to get shot? • What do artillery shells do to you? • What is the most painful way to get wounded? • Will I be afraid? • What could happen to me in a nuclear attack? • What does it feel like to kill someone? • Can I withstand torture? • What are the long-term consequences of combat stress? • What will happen to my body after I die? This profound and devastating portrayal of the horrors to which we subject our armed forces stands as a ringing indictment of the glorification of war and the concealment of its barbarity.

Crimes of War

What the Public Should Know
Author: Roy Gutman,David Rieff,Anthony Gary Dworkin
Publisher: W. W. Norton & Company
ISBN: 9780393328462
Category: History
Page: 447
View: 9303
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An A-to-Z guidebook of wartime atrocities details the nature of war crimes and the international laws that define them, and contains entries on recent conflicts and miscellaneous subjects related to terrorism and war.

The Right to Life in Armed Conflict


Author: Ian Park
Publisher: Oxford University Press
ISBN: 0192554476
Category: Law
Page: 288
View: 7526
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Disagreement reigns amongst academics, practitioners, and politicians, as to whether human rights have a place in armed conflicts, especially in extra-territorial operations, with many fearing that an application of the right to life would fetter the ability of armed forces to achieve their military objectives. Governments, including the UK, have been keen to claim derogations. Academic literature on the subject is sparse. In this text, Ian Park seeks to fill the lacuna, by considering the UK's litigation strategy regarding the Iraq and Afghanistan conflicts, including focussing on a range of cases, public enquiries, and the investigations of the Iraq Historic Allegations Prosecution Team. He puts the UK's contribution to the NATO Operation Unified Protector in Libya in 2011 back under the spotlight, and assays the recent response to the threat of the Islamic State in Northern Iraq and Syria. Park pulls together the most recent, and complex, case law in an area lacking previous sustained analysis, and concludes that whilst the state does have right to life obligations, the military have little reason to be concerned.

The 33 Strategies Of War


Author: Robert Greene
Publisher: Profile Books
ISBN: 1847651429
Category: Self-Help
Page: 496
View: 5431
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The third in Robert Greene's bestselling series is now available in a pocket sized concise edition. Following 48 Laws of Power and The Art of Seduction, here is a brilliant distillation of the strategies of war to help you wage triumphant battles everyday. Spanning world civilisations, and synthesising dozens of political, philosophical, and religious texts, The Concise 33 Strategies of War is a guide to the subtle social game of everyday life. Based on profound and timeless lessons, it is abundantly illustrated with examples of the genius and folly of everyone from Napoleon to Margaret Thatcher and Hannibal to Ulysses S. Grant, as well as diplomats, captains of industry and Samurai swordsmen.

Killing Civilians

Method, Madness, and Morality in War
Author: Hugo Slim
Publisher: Columbia University Press
ISBN: 0231700377
Category: History
Page: 304
View: 9182
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When civilians suffer in war, it is often a deliberate act. Massacres, rape, displacement, famine, and disease are the strategic decisions of political and military leaders who make civilians their targets in order to gain the upper hand in battle. Yet there still exists the precious and fragile belief-ingrained in modern international law-that unarmed and innocent people should be protected in war, even if, in practice, the principle of civil immunity is often ignored or rejected. Hoping to rectify this injustice, Hugo Slim uses detailed historical and contemporary examples to reveal the many ways civilians suffer in war. A leading commentator on international humanitarian action and the protection of civilians in war, Slim analyzes the anti-civilian ideologies that encourage and perpetuate suffering and exposes the exploitation of moral ambiguity that is used to sanction extreme hostility. At what point does killing civilians become part of winning a war? Why are some methods of killing used while others are avoided? Bolstering his claims with hard fact, Slim argues that civilian casualties are not only morally reprehensible but also bad military science. His book is a clarion call for action and a passionate defense of civil immunity, a concept that is more urgent and necessary today than ever before.

Practitioners' Guide to Human Rights Law in Armed Conflict


Author: Daragh Murray
Publisher: Oxford University Press
ISBN: 019250892X
Category: Law
Page: 325
View: 6481
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Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.

Gender, Conflict, and Development


Author: Tsjeard Bouta,Georg Frerks,Ian Bannon
Publisher: World Bank Publications
ISBN: 9780821359686
Category: Social Science
Page: 192
View: 2582
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This publication focuses on the gender dimensions of intrastate conflicts (civil wars), organised around eight key themes of gender and warfare, sexual violence, formal and informal peace processes, post-conflict legal frameworks, work issues, rehabilitation of social services and community-driven development. For each theme, the authors examine the impact on gender roles of conflict situations, the development challenges involved, and the policy options available to help build more inclusive and gender balanced post-conflict societies.

Counter-Terrorism and the Use of Force in International Law


Author: N.A
Publisher: DIANE Publishing
ISBN: 1428960821
Category:
Page: 108
View: 5101
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In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.

Contemporary Challenges to the Laws of War

Essays in Honour of Professor Peter Rowe
Author: Caroline Harvey,James Summers,Nigel D. White
Publisher: Cambridge University Press
ISBN: 1107063558
Category: Law
Page: 396
View: 8033
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This book brings together leading experts to explore contemporary issues facing the laws of war.

International Economic Law after the Global Crisis


Author: C. L. Lim,Bryan Mercurio
Publisher: Cambridge University Press
ISBN: 1107075696
Category: Law
Page: 574
View: 8214
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This collection explores the theme of fragmentation within international economic law following the global financial crisis.

Parliaments and the European Court of Human Rights


Author: Alice Donald,Philip Leach
Publisher: Oxford University Press
ISBN: 0198734247
Category: Law
Page: 342
View: 6849
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The European system of human rights protection faces institutional and political pressures which threaten its very survival. These intuitional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilization: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

The Sovereignty of Human Rights


Author: Patrick Macklem
Publisher: Oxford University Press
ISBN: 0190267321
Category: Law
Page: 200
View: 2455
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The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.

Mastering Soldiers

Conflict, Emotions, and the Enemy in an Israeli Army Unit
Author: Eyal Ben-Ari
Publisher: Berghahn Books
ISBN: 1782389334
Category: Political Science
Page: 160
View: 8200
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Studies of the military that deal with the actual experience of troops in the field are still rare in the social sciences. In fact, this ethnographic study of an elite unit in the Israeli Defense Force is the only one of its kind. As an officer of this unit and a professional anthropologist, the author was ideally positioned for his role as participant observer. During the eight years he spent with his unit he focused primarily on such notions as "conflict", "the enemy", and "soldiering" because they are, he argues, the key points of reference for "what we are" and "what we are trying to do" and form the basis for interpreting the environment within which armies operate. Relying on the latest anthropological approaches to cognitive models and the social constructions of emotion and masculinity, the author offers an in-depth analysis of the dynamics that drive the men's attitudes and behavior, and a rare and fascinating insight into the reality of military life.

International Judicial Integration and Fragmentation


Author: Philippa Webb
Publisher: Oxford University Press
ISBN: 019967115X
Category: Law
Page: 253
View: 9875
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Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.