Weapons and the Law of Armed Conflict


Author: William H. Boothby
Publisher: Oxford University Press
ISBN: 0198728506
Category: Humanitarian law
Page: 480
View: 1640
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The evolution of the law of weaponry -- Components of the international law of weaponry -- The use of weapons and the law of targeting -- Customary principles-superfluous injury and unnecessary suffering -- Customary principles-indiscriminate weapons -- Weapons and the environment -- Conventional Weapons Convention -- Poison, poisoned weapons, asphyxiating gases, biological and chemical weapons -- Firearms, bullets, and analogous projectiles -- The rules relating to mines, booby-traps, and other devices -- Rules relating to other specific technologies -- Nuclear weapons -- Applying weapons law to particular weapon systems -- Cluster munitions -- Weapons in sea warfare -- Unexploded and abandoned weapons -- Non-international armed conflict -- Compliance with international weapons law -- Technology, humanitarian concern, and international weapons law -- The future of weapons law

The Oxford Handbook of International Law in Armed Conflict


Author: Andrew Clapham,Paola Gaeta
Publisher: Oxford University Press
ISBN: 0199559694
Category: History
Page: 909
View: 4263
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Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

The Law of War


Author: Em Prof Ingrid Detter
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409464970
Category: Philosophy
Page: 566
View: 3841
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The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain ‘intrinsic’ rules such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights.

Law and Morality at War


Author: Adil Ahmad Haque
Publisher: Oxford University Press
ISBN: 0199687390
Category:
Page: 304
View: 9521
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The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? Howcertain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians becomeunlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge internationaldebate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status ofcivilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excusetheir wrongful actions.

Rape Loot Pillage

The Political Economy of Sexual Violence in Armed Conflict
Author: Sara Meger
Publisher: Oxford University Press
ISBN: 019027767X
Category: Social Science
Page: 256
View: 3153
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Rape and other forms of sexual violence have always been a feature of war. Yet it is only fairly recently that researchers have identified rape as a deliberate tool of war-making rather than simply an inevitable side effect of armed conflict. Much of the emerging literature has suggested that the underlying causes of rape stem from a single motivation-whether individual, symbolic, or strategic-leading to disagreement in the field about how we can understand and respond to the causes and consequences of sexual violence in war. In Rape Loot Pillage, Sara Meger argues that sexual violence is a form of gender-based political violence (perpetrated against both men and women) and a manifestation of unequal gender relations that are exacerbated by the social, political, and economic conditions of war. She looks at trends in the form and function of sexual violence in recent and ongoing conflicts to contend that, in different contexts, sexual violence takes different forms and is used in pursuit of different objectives. For this reason, no single framework for addressing conflict-related sexual violence will be sufficient. Taking a political economy perspective, Meger maintains that these variations can be explained by broader struggles over territory, assets, and other productive resources that motivate contemporary armed conflicts. Sexual violence is a reflection of global political economic struggles, and can't be addressed only at the local level-it must be addressed through regional and international policy. She concludes by providing some initial ideas about how this can be done via the UN and national governments.

Practitioners' Guide to Human Rights Law in Armed Conflict


Author: Daragh Murray
Publisher: Oxford University Press
ISBN: 019250892X
Category: Law
Page: 325
View: 6819
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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.

Lawfare

Law as a Weapon of War
Author: Orde F. Kittrie
Publisher: Oxford University Press
ISBN: 0190263571
Category: Actions and defenses
Page: 200
View: 605
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"International military interventions can be extremely costly in terms of monetary resources, logistical challenges, and possible soldier and civilian casualties, as well as the potential for catastrophic results to international relations and agreements. In one such example of these enormous potential costs, the US and UK wished to stop a Russian ship from delivering ammunition to the Assad regime in Syria in 2012. Intercepting or confronting a Russian ship in transit could have erupted into open conflict, so they sought an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical strategic platform. 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. With international security becoming an ever complicated minefield of concerns and complications, understanding this alternative to armed force has never been more important"--

The Oxford Handbook of Gender and Conflict


Author: Fionnuala Ní Aoláin,Naomi Cahn,Nahla Valji,Dina Francesca Haynes
Publisher: Oxford University Press
ISBN: 0199300984
Category: Political Science
Page: 672
View: 5214
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Traditionally, much of the work studying war and conflict has focused on men. Men commonly appear as soldiers, commanders, casualties, and civilians. Women, by contrast, are invisible as combatants, and, when seen, are typically pictured as victims. The field of war and conflict studies is changing: more recently, scholars of war and conflict have paid increasing notice to men as a gendered category and given sizeable attention to women's multiple roles in conflict and post-conflict settings. The Oxford Handbook of Gender and Conflict focuses on the multidimensionality of gender in conflict, yet it also prioritizes the experience of women, given both the changing nature of war and the historical de-emphasis on women's experiences. Today's wars are not staged encounters involving formal armies, but societal wars that operate at all levels, from house to village to city. Women are necessarily involved at each level. Operating from this basic intellectual foundation, the editors have arranged the volume into seven core sections: the theoretical foundations of the role of gender in violent conflicts; the sources for studying contemporary conflict; the conflicts themselves; the post-conflict process; institutions and actors; the challenges presented by the evolving nature of war; and, finally, a substantial set of case studies from across the globe. Genuinely comprehensive, this Handbook will not only serve as an authoritative overview of this massive topic, it will set the research agenda for years to come.

The Oxford Handbook of the Use of Force in International Law


Author: Marc Weller
Publisher: OUP Oxford
ISBN: 0191653918
Category: Law
Page: 1328
View: 6235
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

Taxing Wars

The American Way of War Finance and the Decline of Democracy
Author: Sarah Kreps
Publisher: Oxford University Press
ISBN: 0190865326
Category: Political Science
Page: 272
View: 5222
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Why have the wars in Afghanistan and Iraq lasted longer than any others in American history? The conventional wisdom suggests that the move to an all-volunteer force and unmanned technologies such as drones have reduced the apparent burden of war so much that they have allowed these conflicts to continue almost unnoticed for years. Taxing Wars suggests that the burden in blood is just one side of the coin. The way Americans bear the burden in treasure has also changed, and these changes have both eroded accountability and contributed to the phenomenon of perpetual war. Sarah Kreps chronicles the entire history of how America has paid for its wars-and how its methods have changed. Early on, the United States imposed war taxes that both demanded sacrifices from all Americans and served as reminders of their participation. Indeed, thinkers from Immanuel Kant to Adam Smith argued that these reminders were exactly the reason why democracies tended to fight shorter and less costly wars. Bearing these burdens caused the populace to sue for peace when the costs mounted. Leaders in a democracy, responsive to their citizens, would have incentives to heed that opposition and bring wars to as expeditious an end as possible. Since the Korean War, the United States has increasingly moved away from war taxes. Instead, borrowing-and its comparatively less visible connection with the war-has become a permanent feature of contemporary wars. The move serves leaders well because reducing the apparent burden of war has helped mute public opposition and any decision-making constraints. But by masking accountability, however, the move away from war taxes undermines the basis for democratic restraint in wartime. Contemporary wars have become correspondingly longer and costlier as the public has become disconnected from those burdens. Given the trends identified in Taxing Wars, the recent past-epitomized by our lengthy wars in Afghanistan and Iraq-is likely to be prologue.

International Law Concerning Child Civilians in Armed Conflict


Author: Jenny Kuper
Publisher: Oxford University Press
ISBN: 9780198264859
Category: Law
Page: 283
View: 9228
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Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, or observed. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference to recent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large body of law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.

The Law of Targeting


Author: William H. Boothby
Publisher: OUP Oxford
ISBN: 019163994X
Category: Law
Page: 652
View: 1220
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Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy. The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.

Human Rights in Times of Conflict and Terrorism


Author: Louise Doswald-Beck
Publisher: OUP Oxford
ISBN: 0191621145
Category: Law
Page: 600
View: 6795
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This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

The Behavioral Science of Firearms

A Mental Health Perspective on Guns, Suicide, and Violence
Author: Gianni Pirelli,Hayley Wechsler,Robert J. Cramer
Publisher: American Psychology-Law Societ
ISBN: 0190630434
Category: Law
Page: 648
View: 4348
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The Behavioral Science of Firearms focuses on applying behavioral science principles and knowledge to inform and improve firearm-related policy, practice, and research. The authors provide comprehensive coverage of relevant case law and legal statutes, as well as issues pertaining to violence, suicide, and gun safety. Additional topics include civilian firearm ownership suitability; considerations for relevant professions (such as the military, law enforcement, and corrections); self-care; and more. Concepts are presented via a best-practices model that promotes empirically-supported decision-making. Drawing on a range of arenas such as psychology, sociology, criminal justice, and law, The Behavioral Science of Firearms is an essential resource for a wide readership, including practitioners, institutional and law enforcement personnel, legislators, and academicians and students in fields such as psychology, criminal justice, and public health.

The Human Dimension of International Law

Selected Papers of Antonio Cassese
Author: Antonio Cassese
Publisher: Oxford University Press
ISBN: 0199232911
Category: Law
Page: 539
View: 662
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This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.

Organizing Rebellion

Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law
Author: Tilman Rodenhäuser
Publisher: Oxford University Press
ISBN: 0192555111
Category: Law
Page: 400
View: 462
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The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of todays armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenhäusers text will be essential to academics and practitioners alike.

The Oxford Handbook of Law, Regulation and Technology


Author: Roger Brownsword,Eloise Scotford,Karen Yeung
Publisher: Oxford University Press
ISBN: 0191502235
Category: Law
Page: 1216
View: 9794
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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

Cyber War

Law and Ethics for Virtual Conflicts
Author: Claire Finkelstein,Jens David Ohlin,Kevin Govern
Publisher: Oxford University Press, USA
ISBN: 0198717504
Category: Law
Page: 320
View: 7561
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Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyzes the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.

International Law and the Proliferation of Weapons of Mass Destruction


Author: Daniel Joyner
Publisher: Oxford University Press, USA
ISBN: 019920490X
Category: Law
Page: 378
View: 1028
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This text analyses the international law and international organisations that have been constructed to regulate the worldwide proliferation of weapons technologies, particularly those that have been classified as weapons of mass destruction such as nuclear, chemical and biological weapons.

War as Spectacle

Ancient and Modern Perspectives on the Display of Armed Conflict
Author: Anastasia Bakogianni,Valerie M. Hope
Publisher: Bloomsbury Publishing
ISBN: 1472527550
Category: History
Page: 448
View: 7499
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War as Spectacle examines the display of armed conflict in classical antiquity and its impact in the modern world. The contributors address the following questions: how and why was war conceptualized as a spectacle in our surviving ancient Greek and Latin sources? How has this view of war been adapted in post-classical contexts and to what purpose? This collection of essays engages with the motif of war as spectacle through a variety of theoretical and methodological pathways and frameworks. They include the investigation of the portrayal of armed conflict in ancient Greek and Latin Literature, History and Material Culture, as well as the reception of these ancient narratives and models in later periods in a variety of media. The collection also investigates how classical models contribute to contemporary debates about modern wars, including the interrogation of propaganda and news coverage. Embracing an interdisciplinary approach to the study of ancient warfare and its impact, the volume looks at a variety of angles and perspectives, including visual display and its exploitation for political capital, the function of internal and external audiences, ideology and propaganda and the commentary on war made possible by modern media. The reception of the theme in other cultures and eras demonstrates its continued relevance and the way antiquity is used to justify as well as to critique later conflicts.