International Law and New Wars

International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 611
Release: 2017-04-19
Genre: Law
ISBN: 1316764532

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International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

New War Technologies and International Law

New War Technologies and International Law
Author: Kobi Leins
Publisher: Cambridge University Press
Total Pages: 297
Release: 2022-02-03
Genre: Law
ISBN: 1108835244

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This book analyses how existing international law limits the use of means of warfare utilising the properties of nanomaterials.

War Law

War Law
Author: Michael Byers
Publisher: Open Road + Grove/Atlantic
Total Pages: 224
Release: 2007-12-01
Genre: Law
ISBN: 155584846X

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“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Politics and International Law

Politics and International Law
Author: Leslie Johns
Publisher: Cambridge University Press
Total Pages: 583
Release: 2022-06-09
Genre: Law
ISBN: 1108833705

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Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.

New & Old Wars

New & Old Wars
Author: Mary Kaldor
Publisher: Polity
Total Pages: 246
Release: 2006
Genre: Political Science
ISBN: 0745638643

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Deals with the implications of 'the new wars' in the post 9-11 world. This work shows how old war thinking in Iraq has greatly exacerbated what is the archetypal new war - with insurgency, chaos and the occupying forces' lack of direction prescient of a different kind of conflict emerging in the 21st Century.

A Scrap of Paper

A Scrap of Paper
Author: Isabel V. Hull
Publisher: Cornell University Press
Total Pages: 462
Release: 2014-04-16
Genre: History
ISBN: 0801470641

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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. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. 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.

International Law and Civil Wars

International Law and Civil Wars
Author: Eliav Lieblich
Publisher: Routledge
Total Pages: 305
Release: 2013
Genre: History
ISBN: 0415507901

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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

War, States, and International Order

War, States, and International Order
Author: Claire Vergerio
Publisher: Cambridge University Press
Total Pages: 319
Release: 2022-08-04
Genre: Political Science
ISBN: 100911686X

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Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.

New Wars, New Laws? Applying Laws of War in 21st Century Conflicts

New Wars, New Laws? Applying Laws of War in 21st Century Conflicts
Author: David Wippman
Publisher: BRILL
Total Pages: 309
Release: 2022-05-16
Genre: Law
ISBN: 9004479694

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This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which "new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more. Published under the Transnational Publishers imprint.