Rethinking The Law Of Armed Conflict In An Age Of Terrorism
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| Author | : Christopher A. Ford |
| Publisher | : Lexington Books |
| Total Pages | : 357 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0739166530 |
Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."
| Author | : Michael Bothe |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 767 |
| Release | : 2013-08-29 |
| Genre | : History |
| ISBN | : 0199658803 |
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
| Author | : Ziv Bohrer |
| Publisher | : Cambridge University Press |
| Total Pages | : 260 |
| Release | : 2020-02-29 |
| Genre | : Law |
| ISBN | : 9781108722988 |
Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.
| 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 | : Neovi M. Karakatsanis |
| Publisher | : Routledge |
| Total Pages | : 202 |
| Release | : 2017-07-05 |
| Genre | : Social Science |
| ISBN | : 1351499122 |
This volume of Political and Military Sociology focuses on the perceptions and identities of those serving in the military, using survey or interview data to explore those perceptions. A range of military forces are examined, including those of the United States, Israel, Norway, and Denmark.The first article, using survey data from Denmark, compares the views of Danish soldiers to civilians. The second article looks at the effects of military education upon the attitudes and values of soldiers. The third article explores Israeli soldiers' attitudes regarding formal military education. The fourth article addresses the impact of Norwegian soldiers' self-identity on military performance.In a different vein, the survey results of the fifth article show that support for soldiers on active duty in Iraq and Afghanistan does not necessarily translate into support for veterans. Military lawyers in the Israel Defense Forces are the subject of the sixth article. This volume concludes with an article that argues that military service should be offered as a legal policy alternative to incarceration.
| Author | : Elisheva Rosman-Stollman |
| Publisher | : Lexington Books |
| Total Pages | : 283 |
| Release | : 2014-08-14 |
| Genre | : Political Science |
| ISBN | : 0739194178 |
This book, a collection of essays in honor of Stuart Cohen, examines a variety of issues in civil-military relations (CMR) in Israel and abroad. Beyond honoring Cohen’s work, this collection makes a substantial contribution to the field for a number of reasons. First, it brings together prominent scholars from different disciplines in the field, from both Israel and abroad, sketching its boundaries. The chapters in the collection deal with a variety of issues, theoretical and empirical, including topics that are usually neglected in English works, such as the control the military in Israel has on building construction permits in the civilian sector and the relations between the security establishment and the judicial system. Other chapters offer new theoretical perspectives such as the context within which Israeli CMR should be examined, and a more general look at the focus of CMR. Second, it gives non-Hebrew speaking scholars and laypersons alike a better idea of what the main issues in the field of civil-military relations in Israel are today. This book will allow university professors and laypersons to access quality scholarship while still offering a broad spectrum of topics.
| Author | : George Ulrich |
| Publisher | : Oxford University Press |
| Total Pages | : 369 |
| Release | : 2019-09-19 |
| Genre | : Law |
| ISBN | : 0192589512 |
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
| Author | : Mark Lattimer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 476 |
| Release | : 2018-07-26 |
| Genre | : Law |
| ISBN | : 150990865X |
The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to 'an institutional vacuum in the area of international humanitarian law implementation'. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed? This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today's conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.
| Author | : Kushtrim Istrefi |
| Publisher | : BRILL |
| Total Pages | : 217 |
| Release | : 2018-12-10 |
| Genre | : Law |
| ISBN | : 9004345264 |
In European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter. Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as Kadi, Al-Jedda, Ahmed, Al-Dulimi.
| Author | : Stuart A. Cohen |
| Publisher | : Routledge |
| Total Pages | : 210 |
| Release | : 2016-05-13 |
| Genre | : Political Science |
| ISBN | : 1317148843 |
Religion now plays an increasingly prominent role in the discourse on international security. Within that context, attention largely focuses on the impact exerted by teachings rooted in Christianity and Islam. By comparison, the linkages between Judaism and the resort to armed force are invariably overlooked. This book offers a corrective. Comprising a series of essays written over the past two decades by one of Israel's most distinguished military sociologists, its point of departure is that the establishment of the state of Israel in 1948, quite apart from revolutionizing Jewish political activity, also triggered a transformation in Jewish military perceptions and conduct. Soldiering, which for almost two millennia was almost entirely foreign to Jewish thought and practice, has by virtue of universal conscription (for women as well as men) become a rite of passage to citizenship in the Jewish state. For practicing orthodox Jews in Israel that change generates dilemmas that are intellectual as well as behavioural, and has necessitated both doctrinal and institutional adaptations. At the same time, the responses thus evoked are forcing Israel's decision-makers to reconsider the traditional role of the Israel Defence Force (IDF) as their country's most evocative symbol of national unity.
