International Law and American History
Author: Peter Maguire
Publisher: Columbia University Press
Category: Political Science
In this classic text, Peter Maguire follows America's legal relationship with war, both before and after the Nuremberg trials of the 1940s. Maguire argues that the precedents set by the trials were nothing less than revolutionary, and he traces the development of these new attitudes throughout American history. The text has been revised throughout, with a new preface and postscript discussing the George W. Bush administration's attempt to rewrite the laws of war after 9/11. Maguire connects these efforts to the decline in American power and reputation. Praise for the previous edition: "[An] intriguing historical analysis."—Harvard Law Review "Outstanding... impressive... a terrific book."—American Historical Review "A five-star accomplishment that will intrigue the reader and prove that, in history, truth is often more fascinating than fiction."—H. W. William Caming, former Nuremberg prosecutor "Perceptive."—Journal of American History "An important and fascinating study, marked by impressive research and moral passion."—Ronald Steel, University of Southern California "A 'must read' for all those interested in international criminal law, war crimes, and war crime trials."—J. C. Watkins Jr., University of Alabama "A sobering exploration of the hypocrisy and double standards that shape the laws of war. Maguire reveals the conflict between American ideology and American imperialism, the Faustian compromises made by our leaders during their elusive quest for justice."—Iris Chang, author of The Rape of Nanking "A pioneering account.... Law and War goes back to the middle of the nineteenth century to trace the history of modern war crimes, their shock value, and the efforts made to bring their perpetrators to account."—Thomas Keenan, Bardian
Author: Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Publisher: Stanford University Press
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
Author: Michael N. Schmitt
Publisher: Springer Science & Business Media
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.
An American Story
Author: Peter H. Maguire
Publisher: McGill-Queen's Press - MQUP
In his investigation of such inquiries as the Sioux trials, Wirz trial, Leipzig trials, and the Nuremberg and Tokyo trials following World War II, Maguire agrees that war crimes proceedings on any scale warrant the term "political justice." His examples illustrate the gradations of political justice across three continents and a century of American involvement.
The Judicial Development of International Humanitarian Law
Author: Shane Darcy
Publisher: Cambridge University Press
International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.
History, Law and War as Operational Elements
Author: Patrick James Christian
This book was written as a source of information and instruction, primarily for government and contractor personnel engaged in the conduct of combat advising, tribal engagement, provincial reconstruction, social development, and conflict resolution at the tribal, foreign military/government, or other sub-cultural level. It will also be of interest to the families and friends who remain behind and find the ongoing conflicts in Iraq, Afghanistan, Pakistan, Africa and Latin America incomprehensible. They may find that this guide helps to clarify at least the intended goals, if not the methodology, that deployed personnel are supposed to be following. Reviews "I finally finished Patrick Christian's work and can say it is one of the best perspectives I have read lately on tribal engagements. I will certainly keep it as a guide for any future deployments." -- Brigadier General Ed Reeder, CG, US Army Special Forces Command, Ft. Bragg, NC "A Combat Advisor's Guide to Tribal Engagement is on track to fill an important gap in advisor 'understanding' and will indeed provide a valuable guide." --BG Steven Salazar, CG 7th Army Training Command & Joint Multinational Training Command, Germany
Author: Kristen Boon,Douglas Lovelace
Publisher: Terrorism, Commentary on Secur
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.
Publisher: DIANE Publishing
A Legal Account of the Current Crisis in Syria
Author: Claudia Tofan,Willem-Jan van der Wolf
Publisher: International Courts Assoc
Includes an introduction to and analysis of the current crisis (54 pages), and the texts of several international legal documents related to the crisis in Syria (585 pages).
Author: Frits Kalshoven
Publisher: Martinus Nijhoff Publishers
The papers collected in this volume span a 35-year period of active involvement in the 'reaffirmation and development of international humanitarian law'. A process under that name started in 1971 and ended in 1977 with the adoption of two Protocols Additional to the Geneva Conventions of 1949, one for international and one for internal armed conflicts. Subsequent developments brought a narrowing of this gap between international and internal armed conflicts, as well as growing recognition of the interplay between the law of armed conflict and human rights, the rediscovery of individual criminal liability for violations of international humanitarian law, the introduction of further prohibitions or restrictions on the use of specified weapons, and so on. In contrast with these positive developments, the period was negatively characterised by increasing disrespect, not only for some or other minor rule (such as what to do with cash taken from a prisoner of war at the time of his capture) but for the very principles underlying the entire body of the law of armed conflict: respect for the other as a human being and, hence, humane treatment of prisoners of war and other detainees, protection of civilians... Throughout the period, the author's activities ranged from participation in lawmaking and law interpreting exercises, through attempts at explaining the law of armed conflict in its historical context and making propaganda for its faithful implementation, to critical or even bewildered observance of actual events. The papers brought together here reflect these diverse angles.
Author: Cornelis van Bijnkershoek
Category: War (International law)
Author: Em Prof Ingrid Detter
Publisher: Ashgate Publishing, Ltd.
The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain ‘intrinsic’ rules such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights.
Author: Hugo Grotius,Stephen C. Neff
Publisher: Cambridge University Press
Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.
Justifications and Regulations
Author: A. Al-Dawoody
Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.
A Concise Overview
Author: Geoffrey Corn,Ken Watkin,Jamie Williamson
This book provides a comprehensive yet concise overview of key issues related to the regulation of armed hostilities between States, and between States and non-State groups. Coverage begins with an explanation of the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and accountability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. The book is an ideal text for students studying international humanitarian law for the first time, as well as an excellent introduction for students and practitioners of public international law and international relations.
Author: United States. War Dept. Committee on Education and Special Training,John Henry Wigmore
Category: Military law
"This book is meant to supply, together with the Manual for courts-martial, materials for the course in military law and war-time legislation, as planned by the War department committee on education and special training, in the approved program for law schools having units of the Students army training corps, U.S.A."--Pref., signed: John H. Wigmore.
Author: Ingrid Detter
Category: Technology & Engineering
The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. Ingrid Detter reviews the status of non-State actors, as individuals and groups become more prominent in international society. Covering post 9/11 events and the resulting changes in the ethos of war, the author analyses the role of military companies and examines what their legitimacy means for international society. The edition also discusses certain ’intrinsic’ rules in the Law of War, such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights. The author questions the right of ’illegal’ combatants to be treated as prisoners of war and suggests that a minimum standard must be afforded to all, whether captured dictators or detainees suspected of terrorism. In the modern world, the individual (the soldier, the civilian, the dictator, the terrorist or the pirate) can no longer behave as they wish. Further new topics include 'target killings', the ’right to protect’ (’R2P’, - claimed to be a new form of intervention), the use of unregulated weapons such as drones and robots, the war scenario in Outer Space and cyber crimes. There is also a discussion of new developments in the field of war crimes including severe criticism of the novel concept 'joint criminal enterprise' (JCE), which, in the opinion of the author, undermines the Rule of Law. This updated and expanded edition will be of use to statesmen, scholars and students of international relations and international law.
Author: Francis Lieber
Publisher: Transaction Publishers
International Law and United States Counterinsurgency in Iraq and Afghanistan
Author: Travers McLeod
Publisher: Oxford University Press, USA
Category: Political Science
Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of modern U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006. It then assesses how international law's doctrinal interaction held up in Iraq and Afghanistan. The account of this doctrinal change is based on extensive access to the primary actors and materials, including FM 3-24's drafting history, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.