Essays on Law and War at the Fault Lines

Essays on Law and War at the Fault Lines

Author: Michael N. Schmitt

Publisher: Springer Science & Business Media

Published: 2011-11-15

Total Pages: 640

ISBN-13: 9067047406

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This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.


Book Synopsis Essays on Law and War at the Fault Lines by : Michael N. Schmitt

Download or read book Essays on Law and War at the Fault Lines written by Michael N. Schmitt and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

International Law and Armed Conflict: Exploring the Faultlines

International Law and Armed Conflict: Exploring the Faultlines

Author: Michael Schmitt

Publisher: BRILL

Published: 2007-08-30

Total Pages: 628

ISBN-13: 9047421256

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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein’s classic works – War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict − the book addresses both ius ad bellum and ius in bello topics.


Book Synopsis International Law and Armed Conflict: Exploring the Faultlines by : Michael Schmitt

Download or read book International Law and Armed Conflict: Exploring the Faultlines written by Michael Schmitt and published by BRILL. This book was released on 2007-08-30 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday’s wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the jus ad bellum and jus in bello are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein’s classic works – War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict − the book addresses both ius ad bellum and ius in bello topics.

Essays on the Modern Law of War

Essays on the Modern Law of War

Author: Leslie C Green

Publisher: Martinus Nijhoff Publishers

Published: 2023-12-11

Total Pages: 620

ISBN-13: 900464024X

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The essays convey collectively a picture of the law of armed conflict that is multidimensional in scope and insight. The second revised and expanded edition is an up-to-date, as well as a classically authoritative contribution to this immensely important field.


Book Synopsis Essays on the Modern Law of War by : Leslie C Green

Download or read book Essays on the Modern Law of War written by Leslie C Green and published by Martinus Nijhoff Publishers. This book was released on 2023-12-11 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays convey collectively a picture of the law of armed conflict that is multidimensional in scope and insight. The second revised and expanded edition is an up-to-date, as well as a classically authoritative contribution to this immensely important field.

Essays on War in International Law

Essays on War in International Law

Author: C. J. Greenwood

Publisher:

Published: 2006

Total Pages: 710

ISBN-13:

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The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.


Book Synopsis Essays on War in International Law by : C. J. Greenwood

Download or read book Essays on War in International Law written by C. J. Greenwood and published by . This book was released on 2006 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays contained in this volume deal both with the law concerning resort to force (jus ad bellum) and the law which regulates the conduct of hostilities once the decision to resort to force has been taken (jus in bello). The collection looks at Iraqi invasion of Kuwait in 1990 and shift towards the interpretation of decisions of the Security Council rather than the reliance on the law of self-defence in assessing the legality or illegality of a state's resort to force. Also addressed are questions of whether international law permits the pre-emptive use of force and humanitarian intervention. The collection also contributes to the debates surrounding the law on the conduct of hostilities (the laws of war, properly so called), including intense debate over whether nuclear weapons could ever lawfully be employed, whether there is a role for belligerent reprisals in modern international law, the system for the prosecution of war crimes and the duties of the belligerent occupant.

The Morality of the Laws of War

The Morality of the Laws of War

Author: Marcela Prieto Rudolphy

Publisher: Oxford University Press

Published: 2023-05-04

Total Pages: 321

ISBN-13: 0192667920

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Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder. Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing in wartime, deconstructing the revisionist view of war and offering a new perspective on the legal equality of combatants. Prieto Rudolphy not only examines the tension between the revisionist morality and the traditional thesis of symmetry between combatants but proposes a contingent justification of the latter and an alternative morality of war. Underlying both is the inescapable fact that regulating war is always a moral compromise. At the same time, she argues that there is urgent moral pressure to improve our laws - to bring them closer to an ideal whereby war does not exist. The Morality of the Laws of War is a must-read for scholars of moral philosophy and international law, from students to experts, providing a thorough account of contemporary debates on the ethics of warfare and using nuanced arguments to illuminate a fresh perspective.


Book Synopsis The Morality of the Laws of War by : Marcela Prieto Rudolphy

Download or read book The Morality of the Laws of War written by Marcela Prieto Rudolphy and published by Oxford University Press. This book was released on 2023-05-04 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder. Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing in wartime, deconstructing the revisionist view of war and offering a new perspective on the legal equality of combatants. Prieto Rudolphy not only examines the tension between the revisionist morality and the traditional thesis of symmetry between combatants but proposes a contingent justification of the latter and an alternative morality of war. Underlying both is the inescapable fact that regulating war is always a moral compromise. At the same time, she argues that there is urgent moral pressure to improve our laws - to bring them closer to an ideal whereby war does not exist. The Morality of the Laws of War is a must-read for scholars of moral philosophy and international law, from students to experts, providing a thorough account of contemporary debates on the ethics of warfare and using nuanced arguments to illuminate a fresh perspective.

Enemies Known and Unknown

Enemies Known and Unknown

Author: Jack McDonald (Ph.D.)

Publisher: Oxford University Press

Published: 2017

Total Pages: 330

ISBN-13: 0190683074

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"The US thinks of itself as upholding the rule of international law and spreading democracy, yet ... targeted killings have been widely decried as extra-judicial violations of human rights. This book examines these paradoxes, arguig that they are partially explained by the application of exist inglegal standards to transnational wars. Critics argue the the kind of war the US claims to be waging - transnational armed conflict - does not actuallly exist. McDonald analyzes the concepts of transnational war and the legal interpretations that underpin it ... . America's interpretations of sovereignty and international law shape and constitute war itself, with lethal consequences for the named and anonymous persons that it unilaterally defines as participants. McDonald's analysis helps us understand the social and legal construction of legitimate violence in warfare, and the relationship between legal opinions formed in US government departments and acts of violence half a world away."--Front book flap.


Book Synopsis Enemies Known and Unknown by : Jack McDonald (Ph.D.)

Download or read book Enemies Known and Unknown written by Jack McDonald (Ph.D.) and published by Oxford University Press. This book was released on 2017 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The US thinks of itself as upholding the rule of international law and spreading democracy, yet ... targeted killings have been widely decried as extra-judicial violations of human rights. This book examines these paradoxes, arguig that they are partially explained by the application of exist inglegal standards to transnational wars. Critics argue the the kind of war the US claims to be waging - transnational armed conflict - does not actuallly exist. McDonald analyzes the concepts of transnational war and the legal interpretations that underpin it ... . America's interpretations of sovereignty and international law shape and constitute war itself, with lethal consequences for the named and anonymous persons that it unilaterally defines as participants. McDonald's analysis helps us understand the social and legal construction of legitimate violence in warfare, and the relationship between legal opinions formed in US government departments and acts of violence half a world away."--Front book flap.

Contemporary Challenges to the Laws of War

Contemporary Challenges to the Laws of War

Author: Caroline Harvey

Publisher: Cambridge University Press

Published: 2014-10-16

Total Pages: 409

ISBN-13: 1316148092

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The laws of war are facing new challenges from emerging technologies and changing methods of warfare, as well as the growth of human rights and international criminal law. International mechanisms of accountability have increased and international criminal law has greater relevance in the calculations of political and military leaders, yet perpetrators often remain at large and the laws of war raise numerous normative, structural and systemic issues and problems. This edited collection brings together leading academic, military and professional experts to examine the key issues for the continuing role and relevance of the laws of war in the twenty-first century. Marking Professor Peter Rowe's contribution to the subject, this book re-examines the purposes of the laws of war and asks whether existing laws found in treaties and customs work to achieve these purposes and, if not, whether they can be fixed by specific reforms or wholesale revision.


Book Synopsis Contemporary Challenges to the Laws of War by : Caroline Harvey

Download or read book Contemporary Challenges to the Laws of War written by Caroline Harvey and published by Cambridge University Press. This book was released on 2014-10-16 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws of war are facing new challenges from emerging technologies and changing methods of warfare, as well as the growth of human rights and international criminal law. International mechanisms of accountability have increased and international criminal law has greater relevance in the calculations of political and military leaders, yet perpetrators often remain at large and the laws of war raise numerous normative, structural and systemic issues and problems. This edited collection brings together leading academic, military and professional experts to examine the key issues for the continuing role and relevance of the laws of war in the twenty-first century. Marking Professor Peter Rowe's contribution to the subject, this book re-examines the purposes of the laws of war and asks whether existing laws found in treaties and customs work to achieve these purposes and, if not, whether they can be fixed by specific reforms or wholesale revision.

International Humanitarian Law: Theory, Practice, Context

International Humanitarian Law: Theory, Practice, Context

Author: Daniel Thürer

Publisher: Martinus Nijhoff Publishers

Published: 2011-07-11

Total Pages: 505

ISBN-13: 9004179100

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This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".


Book Synopsis International Humanitarian Law: Theory, Practice, Context by : Daniel Thürer

Download or read book International Humanitarian Law: Theory, Practice, Context written by Daniel Thürer and published by Martinus Nijhoff Publishers. This book was released on 2011-07-11 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".

The ‘War on Terror' and the Framework of International Law

The ‘War on Terror' and the Framework of International Law

Author: Helen Duffy

Publisher: Cambridge University Press

Published: 2015-04-09

Total Pages: 1071

ISBN-13: 1107014506

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This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.


Book Synopsis The ‘War on Terror' and the Framework of International Law by : Helen Duffy

Download or read book The ‘War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2015-04-09 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.

International Law And Armed Conflict, Exploring the Faultlines

International Law And Armed Conflict, Exploring the Faultlines

Author: Michael N. Schmitt

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 629

ISBN-13: 9004154280

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International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.


Book Synopsis International Law And Armed Conflict, Exploring the Faultlines by : Michael N. Schmitt

Download or read book International Law And Armed Conflict, Exploring the Faultlines written by Michael N. Schmitt and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.