The Laws of War

Constraints on Warfare in the Western World

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Author: Michael Howard,George J. Andreopoulos,Mark R. Shulman

Publisher: Yale University Press

ISBN: 9780300070620

Category: History

Page: 311

View: 3273

This book explores not only the formal constraints on the conduct of war throughout Western history but also the unwritten conventions about what is permissible in the course of military operations. Ranging from classical antiquity to the present, eminent historians discuss the legal and cultural regulation of violence in such areas as belligerent rights, the treatment of prisoners and civilians, the observing of truces and immunities, the use of particular weapons, siege warfare, codes of honor, and war crimes. The book begins with a general overview of the subject by Michael Howard. The contributors then discuss the formal and informal constraints on conducting war as they existed in classical antiquity, the age of chivalry, early modern Europe, colonial America, and the age of Napoleon. They also examine how these constraints have been applied to wars at sea, on land, and in the air, planning for nuclear war, and national liberation struggles, in which one of the participants is not an organized state. The book concludes with reflections by Paul Kennedy and George Andreopoulos on the main challenges facing the quest for humanitarian norms in warfare in the future.

The Ethics of War

Shared Problems in Different Traditions

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Author: Dr David Rodin,Professor Richard Sorabji

Publisher: Ashgate Publishing, Ltd.

ISBN: 140947691X

Category: Religion

Page: 264

View: 5264

The Ethics of War traces how different cultures involved in present conflicts have addressed problems over the centuries. Distinguished authors reflect how the Greco-Roman world, Byzantium, the Christian just war tradition, Islam, Judaism, Hinduism and the Geneva Conventions have addressed recurrent ethical issues of war. Cutting edge essays by prominent modern theorists address vital contemporary issues including asymmetric war, preventive war, human rights and humanitarian intervention.

The Verdict of Battle

The Law of Victory and the Making of Modern War

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Author: James Q. Whitman

Publisher: Harvard University Press

ISBN: 0674071875

Category: History

Page: 300

View: 9882

Slaughter in battle was once seen as a legitimate way to settle disputes. When pitched battles ceased to exist, the law of victory gave way to the rule of unbridled force. Whitman explains why ritualized violence was more effective in ending carnage, and why humanitarian laws that view war as evil have led to longer, more barbaric conflicts.

The Ethics of Destruction

Norms and Force in International Relations

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Author: Ward Thomas

Publisher: Cornell University Press

ISBN: 0801471680

Category: Political Science

Page: 236

View: 957

Many assume that in international politics, and especially in war, "anything goes." Sherman famously declared war "is all hell." The implication behind the maxim is that in war there is no order, only chaos; no mercy, only cruelty; no restraint, only suffering. Ward Thomas finds that this "anything goes" view is demonstrably wrong. It neither reflects how most people talk about the use of force in international relations nor describes the way national leaders actually use military force. Events such as those in Europe during World War II, in the Persian Gulf War, and in Kosovo cannot be understood, he argues, until we realize that state behavior, even during wartime, is shaped by common understandings about what is ethically acceptable and unacceptable. Thomas makes extensive use of two cases—the assassination of foreign leaders and the aerial bombardment of civilians—to trace the relative influence of norms and interests. His insistence on interconnections between ethical principle and material power leads to a revised understanding of the role of normative factors in foreign policy and the ways in which power and interest shape the international system.

A Scrap of Paper

Breaking and Making International Law during the Great War

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Author: Isabel V. Hull

Publisher: Cornell University Press

ISBN: 0801470641

Category: History

Page: 352

View: 1099

A century after the outbreak of the Great War, we have forgotten the central role that international law and the dramatically different interpretations of it played in the conflict’s origins and conduct. In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. Throughout, she emphasizes the profound tension between international law and military necessity in time of war, and demonstrates how differences in state structures and legal traditions shaped the way in which each of the three belligerents fought the war Hull focuses on seven cases in which each government’s response was shaped by its understanding of and respect for the law: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry (including poison gas and the zeppelin), and reprisals. Drawing on voluminous research in German, British, and French archives, the author reconstructs the debates over military decision making and clarifies the role played by law—where it constrained action, where it was manipulated to serve military need, where it was simply ignored, and how it developed in the crucible of combat. She concludes that Germany did not speak the same legal language as the two liberal democracies, with disastrous and far-reaching consequences. The first book on international law and the Great War published since 1920, A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.

Human Rights in Armed Conflict

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Author: Gerd Oberleitner

Publisher: Cambridge University Press

ISBN: 1107087546

Category: Law

Page: 431

View: 8912

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

The Athenian Revolution

Essays on Ancient Greek Democracy and Political Theory

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Author: Josiah Ober

Publisher: Princeton University Press

ISBN: 9780691001906

Category: History

Page: 212

View: 2079

Eleven essays on Athenian democracy written and published between 1983 and 1993.

The Conduct of Hostilities under the Law of International Armed Conflict

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Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 1107375886

Category: Law

Page: N.A

View: 7976

This is the seminal textbook on the law of international armed conflict, written by a leading commentator on the subject. The second edition has been thoroughly revised and updated, taking into account new developments in combat, numerous recent judicial cases (especially decisions rendered by the International Criminal Tribunal for the Former Yugoslavia), as well as topical studies and instruments. The text clarifies complex issues, offering solutions to practical combat dilemmas that have emerged in present-day battlefield situations. Several current (and controversial) subjects are examined in depth, including direct participation in hostilities, human shields, and air and missile warfare. Useful definitions and explanations have been added, making intricate problems easier to comprehend. The book is designed not only for students of international law, but also as a tool for the instruction of military officers.

Moral Constraints on War

Principles and Cases

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Author: N. Fotion

Publisher: Lexington Books

ISBN: 9780739121306

Category: History

Page: 328

View: 2415

Just War Theory is becoming increasingly important to nations when they contemplate and participate in war. This book recognizes the timeliness of the topic and so seeks, in concrete historical terms, to deal with the issue of constraining war on the basis of moral principles.

International Law and Child Soldiers

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Author: Gus Waschefort

Publisher: Bloomsbury Publishing

ISBN: 1782254331

Category: Law

Page: 224

View: 9320

This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

Yearbook of International Humanitarian Law - 2003

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Author: Timothy McCormack

Publisher: Cambridge University Press

ISBN: 9789067042031

Category: Law

Page: 874

View: 3808

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Navies in Northern Waters

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Author: Rolf Hobson,TOM KRISTIANSEN

Publisher: Routledge

ISBN: 1135769532

Category: History

Page: 368

View: 2473

Navies in Northern Waters is a collection of articles covering the roles played by the secondary navies of northern European powers and the United States within the maritime balance of power. The contributions covering the 18th and 19th centuries focus on their relations with each other as they sought to create a counterweight to the dominant naval power of Britain. The inter-war years are treated from the perspectives of international disarmament efforts within the framework of collective security, and the subsequent naval rivalry in the Baltic area in the years leading up to the Second World War. For the post-1945 period, the contributions concentrate on superpower rivalry in northern waters during the Cold War, the changing aspects of security policy since the collapse of the Soviet Union and the particular challenges facing small coastal states policing extensive waters of increasing economic importance.

The Image before the Weapon

a critical history of the distinction between combatant and civilian

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Author: Helen M. Kinsella

Publisher: Cornell University Press

ISBN: 9780801461262

Category: Political Science

Page: 272

View: 1143

Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses-including gender, innocence, and civilization- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.

Civilians and War in Europe 1618-1815

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Author: Erica Charters,Eve Rosenhaft,Hannah Smith

Publisher: Liverpool University Press

ISBN: 1781388938

Category: History

Page: 304

View: 6193

Civilians and War in Europe 1618-1815 examines the relationship between civilians and warfare from the start of the Thirty Years War to the end of the Revolutionary and Napoleonic Wars. The volume interrogates received narratives of warfare that identify the development of modern 'total' war with the French Revolutionary and Napoleonic Wars, and instead considers the continuities and transformations in warfare over the course of two hundred years. The contributors examine prisoners of war, the cultures of plunder, the tensions of billeting, and war-time atrocities throughout England, France, Spain, and the German territories. They also explore the legal practices surrounding the conduct and aftermath of war; representations of civilians, soldiers, and militias; and the philosophical underpinnings of warfare. They probe what it meant to be a civilian in territories beset by invasion and civil war or in times when 'peace' at home was accompanied by almost continuous military engagement abroad. Their accounts show us civilians not only as anguished sufferers, but also directly involved with war: fighting back with shocking violence, profiting from war-time needs, and negotiating for material and social redress. And they show us individuals and societies coming to terms with the moral and political challenges posed by the business of drawing lines between 'civilians' and 'soldiers'. With contributors drawn from the fields of political and legal theory, literature and the visual arts, and military, political, social, and cultural history, this volume will appeal to all those with an interest in the history of warfare and the evolution of the idea of the civilian.

The International Human Rights Movement

A History

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Author: Aryeh Neier

Publisher: Princeton University Press

ISBN: 1400841879

Category: Political Science

Page: 392

View: 9675

During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. In The International Human Rights Movement, Aryeh Neier--a leading figure and a founder of the contemporary movement--offers a comprehensive and authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. Neier combines analysis with personal experience, and gives a unique insider's perspective on the movement's goals, the disputes about its mission, and its rise to international importance. Discussing the movement's origins, Neier looks at the dissenters who fought for religious freedoms in seventeenth-century England and the abolitionists who opposed slavery before the Civil War era. He pays special attention to the period from the 1970s onward, and he describes the growth of the human rights movement after the Helsinki Accords, the roles played by American presidential administrations, and the astonishing Arab revolutions of 2011. Neier argues that the contemporary human rights movement was, to a large extent, an outgrowth of the Cold War, and he demonstrates how it became the driving influence in international law, institutions, and rights. Throughout, Neier highlights key figures, controversies, and organizations, including Amnesty International and Human Rights Watch, and he considers the challenges to come. Illuminating and insightful, The International Human Rights Movement is a remarkable account of a significant world movement, told by a key figure in its evolution.

Medieval Warfare

A Bibliographical Guide

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Author: Everett U. Crosby

Publisher: Routledge

ISBN: 1135576254

Category: Literary Criticism

Page: 238

View: 9699

Hono sapiens, homo pugnans, and so it has been since the beginning of recorded history. In the Middle Ages, especially, armed conflict and the military life were so much a part of the political and cultural development that a general account of this period is, in large measure, a description of how men went to war.

United Nations Reform and the New Collective Security

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Author: Peter G. Danchin,Horst Fischer

Publisher: Cambridge University Press

ISBN: 0521515432

Category: Law

Page: 431

View: 568

An examination of the concept of collective security in international law and international relations from normative and institutional perspectives.

Ethics, Authority, and War

Non-State Actors and the Just War Tradition

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Author: E. Heinze,B. Steele

Publisher: Springer

ISBN: 0230101798

Category: Political Science

Page: 287

View: 4033

In original essays written by both senior scholars as well as rising younger scholars in the field of international ethics, this volume addresses the ethics of war in an era when non-state actors are playing an increasingly prominent role in armed conflict.

Gefangen im Grossen Krieg

Kriegsgefangenschaft in Deutschland 1914-1921

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Author: Uta Hinz

Publisher: N.A

ISBN: N.A

Category: Prisoners of war

Page: 392

View: 4953

Bombing Civilians

A Twentieth-Century History

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Author: Yuki Tanaka,Marilyn Young

Publisher: The New Press

ISBN: 1595586318

Category: History

Page: 304

View: 3783

Bombing Civilians examines a crucial question: why did military planning in the early twentieth century shift its focus from bombing military targets to bombing civilians? From the British bombing of Iraq in the early 1920s to the most recent policies in Kosovo, Afghanistan, Iraq, and Lebanon, Bombing Civilians analyzes in detail the history of indiscriminate bombing, examining the fundamental questions of how this theory justifying mass killing originated and why it was employed as a compelling military strategy for decades, both before and since the bombing of Hiroshima and Nagasaki.