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| Author | : Michael Gross |
| Publisher | : MIT Press |
| Total Pages | : 401 |
| Release | : 2006-06-16 |
| Genre | : History |
| ISBN | : 0262572265 |
An analysis of medical ethics during war and the inherent conflict between the principles of bioethics and the morally legitimate but competing demands of military necessity.
| Author | : Michael L. Gross |
| Publisher | : MIT Press (MA) |
| Total Pages | : 408 |
| Release | : 2006 |
| Genre | : History |
| ISBN | : |
Annotation Is medical ethics in times of armed conflict identical to medical ethics in times of peace, as the World Medical Association declares? In Bioethics and Armed Conflict, the first comprehensive study of medical ethics in conventional, unconventional, and low-intensity war, Michael Gross examines the dilemmas that arise when bioethical principles clash with military necessitywhen physicians try to save lives during an endeavor dedicated to taking themand describes both the conflicts and congruencies of military and medical ethics. Gross describes how the principles of contemporary just war, unlike those of medical ethics, often go beyond the welfare of the individual to consider the collective interests of combatants and noncombatants and the general interests of the state. Military necessity plays havoc with such patients' rights as the right to life, the right to medical care, informed consent, confidentiality, and the right to die. The principles of triage in battle conditions dictate not need-based treatment but the distribution of resources that will return the greatest number of soldiers to active duty. And unconventional warfare, including current "wars" on terrorism, challenges the traditional concept of medical neutrality as physicians who have sworn to "do no harm" are called upon to lend their expertise to "interrogational" torture or to the development of biological or chemical weapons. Difficult dilemmas inevitably arise during armed conflict, and medicine, Gross concludes, is not above the fray. Medical ethics in time of war cannot be identical to medical ethics in peacetime
| Author | : Michael L. Gross |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2021 |
| Genre | : Medical |
| ISBN | : 0190694947 |
"The goal of military medicine is to conserve the fighting force necessary to prosecute just wars. Just wars are defensive or humanitarian. A defensive war protects one's people or nation. A humanitarian war rescues a foreign, persecuted people or nation from grave human rights abuse. To provide medical care during armed conflict, military medical ethics supplements civilian medical ethics with two principles: military-medical necessity and broad beneficence. Military-medical necessity designates the medical means required to pursue national self-defense or humanitarian intervention. While clinical-medical necessity directs care to satisfy urgent medical needs, military-medical necessity utilizes medical care to satisfy the just aims of war. Military medicine may therefore attend the lightly wounded before the critically wounded or use medical care to win hearts and minds. The underlying principle is broad, not narrow, beneficence. The latter addresses private interests, while broad beneficence responds to the collective welfare of the political community"--
| Author | : John W. Lango |
| Publisher | : Edinburgh University Press |
| Total Pages | : 256 |
| Release | : 2014-01-29 |
| Genre | : Political Science |
| ISBN | : 0748645764 |
Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.
| Author | : Elizabeth Wilmshurst |
| Publisher | : OUP Oxford |
| Total Pages | : 568 |
| Release | : 2012-08-02 |
| Genre | : Law |
| ISBN | : 0191632236 |
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
| Author | : Michael L. Gross |
| Publisher | : Cambridge University Press |
| Total Pages | : 285 |
| Release | : 2017-06-09 |
| Genre | : Philosophy |
| ISBN | : 110713224X |
This collection focuses on non-kinetic warfare, including cyber, media, and economic warfare, as well as non-violent resistance, 'lawfare', and hostage-taking.
| Author | : Catherine O'Rourke |
| Publisher | : Cambridge University Press |
| Total Pages | : 419 |
| Release | : 2020-09-24 |
| Genre | : Law |
| ISBN | : 1108628311 |
Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.
| Author | : Andrew Clapham |
| Publisher | : |
| Total Pages | : 1009 |
| Release | : 2014-03 |
| Genre | : History |
| ISBN | : 0199559694 |
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.
| Author | : Lawrence Hill-Cawthorne |
| Publisher | : Oxford University Press |
| Total Pages | : 424 |
| Release | : 2016-03-24 |
| Genre | : Law |
| ISBN | : 0191067016 |
International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.
| Author | : William H. Boothby |
| Publisher | : Oxford University Press |
| Total Pages | : 506 |
| Release | : 2016-03-10 |
| Genre | : Law |
| ISBN | : 0191044164 |
Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.
