International Law and New Wars

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

International Law and New Wars

Author: Christine Chinkin

Publisher: Cambridge University Press

ISBN: 1107171210

Page: 608

View: 725

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Reimagining Child Soldiers in International Law and Policy

New wars involve splintering of warring parties, deployment of violence by non-
state actors, the emergence of militias and other paramilitary syndicates, mutual
and frequent infliction of international humanitarian law violations, and the ...

Reimagining Child Soldiers in International Law and Policy

Author: Mark A. Drumbl

Publisher: Oxford University Press

ISBN: 0199592659

Page: 239

View: 666

Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.

New Wars

International Covenant on Civil and Political Rights (1966). December 16, 1999,
U.N.T.S., 171. Iennings, R. and Watts, A. (1992). Oppenheim's International Law (
9th ed.). Harlow, UK: Longman. Kiss, A. C. (no date). Permissible Limitations on ...

New Wars

Author: Scott Nicholas Romaniuk

Publisher: Dorrance Publishing

ISBN: 1434967816

Page: 274

View: 630

Al Qaeda's deadly assaults against the American homeland on September 11, 2001 deeply altered regional security architectures the world over. Religious extremists responsible for having coordinated and implemented the 9/11 attacks have brought state and non-state actors to radically reconsider traditional concepts of security, including responses and the need for tactical and strategic preemption in the face of growing conventional and asymmetric threats to communities at home and abroad. Drawing upon critical new research, the analyses presented by the contributors of this volume challenge and even shatter previously held ideas about domestic and international terrorism and state-sanctioned violence. They shed light upon new conceptions of security as well as the need for actors to address existing and emerging cultures of fear and critical susceptibilities in the face of wanton violence and security of the state in the 21st century.

War the State and International Law in Seventeenth Century Europe

Peace was, as it were, a symbol for a new international system that made states
alone the legitimate actors in the declaration, conduct and ending of wars.15 We
might speak of a downright symbiosis between the state and war in modern ...

War  the State and International Law in Seventeenth Century Europe

Author: Dr Peter Schröder

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409480623

Page: 288

View: 477

One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codified. With the discovery of the New World, and the fundamental impact of the Reformation, the complexity of international relations increased considerably. Reactions to these upheavals resulted in a range of responses intended to address the contradictions and conflicts of the anarchical society of states. Alongside the emergence of "modern" international law, the equation of international relations with the state of nature, and the development of the "balance of power", diplomatic procedures and commercial customs arose which shaped the emerging (and current) international system of states. Employing a multidisciplinary approach to address these issues, this volume brings together political scientists, philosophers, historians of political thought, jurists and scholars of international relations. What emerges is a certain tension between the different strands of research which allows for a fruitful new synthesis. In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

Private Security Contractors and New Wars

Withoutlaw todefine what isand is notpermitted, therecan be nowar.Though
written international law is comparatively recent, previousages werenoless
dependent on the war convention for their ability to fight....Before there was
internationallaw ...

Private Security Contractors and New Wars

Author: Kateri Carmola

Publisher: Routledge

ISBN: 1135153272

Page: 208

View: 285

This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted. In the warzones of Iraq and Afghanistan many of those who carry weapons are not legally combatants, nor are they protected civilians. They are contracted by governments, businesses, and NGOs to provide armed security. Often mistaken as members of armed forces, they are instead part of a new protean proxy force that works alongside the military in a multitude of shifting roles, and overseen by a matrix of contracts and regulations. This book analyzes the growing industry of these private military and security companies (PMSCs) used in warzones and other high risk areas. PMSCs are the result of a unique combination of circumstances, including a change in the idea of soldiering, insurance industry analyses that require security contractors, and a need for governments to distance themselves from potentially criminal conduct. The book argues that PMSCs are a unique type of organization, combining attributes from worlds of the military, business, and humanitarian organizations. This makes them particularly resistant to oversight. The legal status of these companies and those they employ is also hard to ascertain, which weakens the multiple regulatory tools available. PMSCs also fall between the cracks in ethical debates about their use, seeming to be both justifiable and objectionable. This transformation in military operations is a seemingly irreversible product of more general changes in the relationship between the individual citizen and the state. This book will be of much interest to students of private security companies, war and conflict studies, security studies and IR in general. Kateri Carmola is the Christian A. Johnson Professor of Political Science at Middlebury College in Vermont. She received her Ph.D. from the University of California, Berkeley.

Law Ethics and the War on Terror

in David Wippman and Matthew Evangelista, eds, New Wars, New Laws? ... For
a thoughtful assessment of whether the 'international community' serves as a
counterweight to the influence of the United States in shaping international law,
see ...

Law  Ethics  and the War on Terror

Author: Matthew Evangelista

Publisher: Polity

ISBN: 0745641083

Page: 202

View: 987

In recent years the mass murder of thousands of innocent civilians by al Qaeda terrorists has plumbed the depths of criminality and immorality. Yet it is the response to those attacks, particularly by the United States, that has provoked widespread accusations that the anti–terrorist cure may be worse than the terrorist disease. This book explores the key legal and ethical controversies that arose in the wake of the brutal attacks of 11 September 2001. After the Cold War, progress in human rights and limitations on warfare created an impression that "global civil society" had emerged to challenge the dominance of states and establish new norms to guide their behavior. The events of 9/11, however, witnessed a reassertion of state prerogatives, reflected in challenges to the Geneva Conventions and the stigma against torture. Focusing on core debates about preventive war and the implications of targeted assassination, kidnapping, indefinite detention, and the torture of suspected terrorists, the book asks whether state practice will further undermine the very norms of international law and morality, or whether efforts to combat terrorism can be brought back into conformity with ethical and legal standards.

International Law and the Classification of Conflicts

A recent publication on the changing character of war refers to'a deep and
widespread feeling that war has entered a new era, significantly different from
what we have known in the past'.1 There are many reasons, it is said, why
contemporary ...

International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst

Publisher: Oxford University Press

ISBN: 0199657750

Page: 531

View: 347

International law separates international from non-international conflicts. This book discusses how this categorization operates, identifying the legal questions raised. Case studies from Colombia to Iraq show how this classification impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.

From 9 11 to the Iraq War 2003

International Law and the Wars on Terrorism and on Iraq 3. ... against Terrorism” (
2002) 78 International Lawyer 301; P Rowe, 'Responses to Terror: the NewWar
(2002) 3 Melbourne Journal of International Law 301; J Delbrück, 'The Fight ...

From  9 11  to the  Iraq War 2003

Author: Dominic McGoldrick

Publisher: Bloomsbury Publishing

ISBN: 1847310893

Page: 395

View: 259

This book is a tale of two towers,two wars and two visions. The two towers are those of the World Trade Center in New York, destroyed by a terrorist attack on 11 September 2001. The two wars are the War Against Terrorism and the War on Iraq. The two visions are of the international legal and political order for the twenty-first century. The issues involved in the War Against Terrorism and the War on Iraq are of fundamental importance because they may define the shape of international order for the twenty-first century. The book has a number of themes. First, it considers the principal international law and international order issues involved in the War Against Terrorism and in the War on Iraq in 2003. Specific attention is given to the application of international humanitarian and international human rights law in the wars. Secondly it asks how the international debate on the Iraq War was conducted and why? Finally it questions whether the post-1945 system of international laws and organizations is capable of surviving, and in what form? Chapter one outlines how the relationship between war and the international legal order has evolved and introduces the idea of 'complexity theory' as a framework for understanding the events and issues considered in this book. Chapter two considers the pattern of events from the attacks on the US on 9-11 to the Iraq War 2003. Chapter three addresses the issues of law and morality involved in the War Against Terrorism and the War on Iraq. Chapter four focuses on the moral and legal debate around the War on Iraq and chapter five considers the systemic consequences for international law doctrine and practice, giving particular weight to US policy and approaches and how other states have responded to them. Chapter six appraises the post-war situation in Iraq in terms of political and economic organisation and human rights. It also assesses the consequences of the status of post-war Iraq for the wider region. Chapter seven concludes the book by examining the possible implications of the War Against Terrorism and the War on Iraq for world order in the twenty-first century.

The New Wars

The origins of my work on this book lie in a series of invitations to lecture on
changes in war at the end of the twentieth ... was devoted to the issue of war; the
annual meeting in Berne to report on the work of Swiss international law officers;
the ...

The New Wars

Author: Herfried Münkler

Publisher: Polity

ISBN: 0745633366

Page: 180

View: 770

This text explores the changing nature of warfare in the post-Cold War era. It examines the emergence of new forms of warfare in which warlords, mercenaries and terrorists play an increasingly important role.

The Development of International Law After the World War

Where peoples have not yet wakened to freedom, the idea of law will also force
its way with difficulty. There the cult of ... The rest of the world, not thinking in
terms of imperialism, wants no new wars, but an assured state of peace. Such a
state ...

The Development of International Law After the World War

Author: Otfried Nippold

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772700

Page: 241

View: 125

Nippold, Otfried. The Development of International Law After the World War. Translated from the German by Amos S. Hershey. Oxford: Clarendon Press, 1923. xv, 241 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-270-0. Cloth. $75. * Reprint of the first English edition published in 1923 under the auspices of the Carnegie Endowment for International Peace. With an introduction by James Brown Scott. This important study, written during the First World War, was one of the first to propose a league of nations. Nippold, a German jurist who lived in Switzerland, argues that the First World War created a need for a radical reinterpretation of the law of war. Modern war cannot be given the character of a legal institution because it is really a negation of law. War is not an element of international law, he concludes; it is self-help on the part of the aggressor nation. In his International Law, C.G. Fenwick stated that this book would be an essential addition to a working library of international law. Fenwick, International Law (3rd edition) xxv-l cited in Marke, A Catalogue of the Law Collection at New York University (1953) 576.

New Wars and New Soldiers

Nevertheless, for reasons both good, such as the International Commission on
Intervention and State Sovereignty's ... those that count against, e.g. preserving
some degree of respect for the rule of international law and state sovereignty.

New Wars and New Soldiers

Author: Paolo Tripodi

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781409401056

Page: 281

View: 769

New military technologies, the rise of private military companies, and the increasing involvement of the military in counterterrorism and humanitarian operations all pose challenges to traditional ideas about the ethics of war, the relevance of current international law governing armed conflict, and Just War theory. This book brings together experts on military ethics to discuss the changing nature of the military's role in the contemporary world.

New Wars New Militaries New Soldiers

The line of thought was and is that if international law did not work in the case of
the Serb-Kosovar conflict, then internal national borders might also be shifted in
other cases, in the case of Russia as well, and the international community would
 ...

New Wars  New Militaries  New Soldiers

Author: Gerhard Kummel

Publisher: Emerald Group Publishing

ISBN: 1780526393

Page: 370

View: 343

This volume explores three recent challenges the military faces: changing missions, changing socio-economic and demographic conditions, and end of conscription. The military will have to change its view of the world, the nature of conflicts and its profession considerably.

New Horizons in International Law

Chapter 11 INTERNATIONAL HUMANITARIAN LAW AND AFRICA So far as
International Humanitarian Law is concerned, there are three phenomena that
have posed major problems in contemporary Africa: wars of national liberation
from ...

New Horizons in International Law

Author: Taslim Olawale Elias

Publisher: BRILL

ISBN: 9789028600393

Page: 260

View: 467

The Counterinsurgent s Constitution

Law in the Age of Small Wars Ganesh Sitaraman. 5. 7. 10. ... See David Wippman
, Introduction: Do New Wars Call for New Laws, in NEW WARS, NEW LAWS?: ...
Some international law scholars have noted the killcapture nature of warfare.

The Counterinsurgent s Constitution

Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199986908

Page: 352

View: 492

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

International Law

20 International law and the use of force by states The rules governing resort to
force form a central element within ... World Public Order, New Haven, 1961, and
McDougal and Feliciano, The International Law of War, New Haven, 1994; ...

International Law

Author: Malcolm N. Shaw

Publisher: Cambridge University Press

ISBN: 1316061272

Page:

View: 413

This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.

International law in historical perspective 10

... new wars break out, which in fact did not fail to occur very soon. The legal
scene was dominated by a vast mass of municipal rules of every possible nature,
dating from the pre-codification period: general codes, special laws, Royal
decrees, ...

International law in historical perspective  10

Author: Jan H. Verzijl

Publisher: Martinus Nijhoff Publishers

ISBN: 9028601589

Page: 340

View: 417