Law and War

International Law and American History

Author: Peter Maguire

Publisher: Columbia University Press

ISBN: 0231518196

Category: Political Science

Page: 360

View: 2409

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

Law and War

An American Story

Author: Peter H. Maguire

Publisher: Columbia University Press

ISBN: 9780231120500

Category: Law

Page: 446

View: 8272

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.

Judges, Law and War

The Judicial Development of International Humanitarian Law

Author: Shane Darcy

Publisher: Cambridge University Press

ISBN: 1107060699

Category: Law

Page: 396

View: 3428

Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.

Essays on Law and War at the Fault Lines

Author: Michael N. Schmitt

Publisher: Springer Science & Business Media

ISBN: 9789067047401

Category: Law

Page: 640

View: 3311

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.

Law and War

Author: Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey

Publisher: Stanford University Press

ISBN: 0804788863

Category: Law

Page: 248

View: 1448

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?

The Intersection of Law and War

Author: Kristen Boon,Douglas Lovelace

Publisher: Terrorism, Commentary on Secur

ISBN: 019991592X

Category: Law

Page: 592

View: 5955

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.

Law and War

Magistrates in the Great War

Author: Jonathan Swan

Publisher:

ISBN: 1473853400

Category: History

Page: 288

View: 1669

The office of justice of the peace has existed since the twelfth century, when ‘good and lawful men’ were first appointed to sit in judgment of their peers. Unpaid and untrained, these lay magistrates were the backbone of the English judicial system, dealing with the vast majority of criminal cases in the police courts and the petty sessions. By the start of the twentieth century, social attitudes were changing and the magistrates, drawn from the wealthier classes, were seen as out of touch with the communities they served. The new Liberal Government of 1906 instituted reforms, which allowed the appointment of the working classes. Then came the Great War. Within days of the outbreak of hostilities, the government introduced the Defence of the Realm Act. With several amendments over the years, this all-encompassing legislation resulted in the creation of hundreds of subsidiary regulations, many of which affected the lives of ordinary people in a way they had never expected. Many, including magistrates themselves, fell foul of the myriad orders, covering billeting, licensing, lighting and rationing, which were enforced by the new special constables. At the same time, the conscription of the ‘criminal classes’ saw a huge fall in the normal workload of the courts, and the closure of many prisons. The magistrates responded as best they could. Some magistrates went to war; some lost their lives. Others served in the many voluntary organizations and committees that appeared across the country, such as the Military Service Tribunals or the Volunteer Corps. The end of the war saw a further change to the old order when the first women magistrates were appointed, marking the birth of modern magistracy.

A Combat Advisor's Guide to Tribal Engagement

History, Law and War as Operational Elements

Author: Patrick James Christian

Publisher: Universal-Publishers

ISBN: 1599428164

Category: History

Page: 154

View: 6710

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

Of War and Law

Author: David Kennedy

Publisher: Princeton University Press

ISBN: 9781400827367

Category: Law

Page: 208

View: 6174

Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.

The Islamic Law of War

Justifications and Regulations

Author: A. Al-Dawoody

Publisher: Springer

ISBN: 0230118089

Category: Religion

Page: 338

View: 1009

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.

International Humanitarian Law and the Changing Technology of War

Author: Dan Saxon

Publisher: Martinus Nijhoff Publishers

ISBN: 9004229493

Category: Law

Page: 376

View: 5693

"This book, edited by Dan Saxon, formerly of Cambridge University, is an important contribution to the literature on the relationship between law, war, and technology" (From the Foreword by Professor Michael N. Schmitt).

Civilians and War in Europe 1618-1815

Author: Erica Charters,Eve Rosenhaft,Hannah Smith

Publisher: Liverpool University Press

ISBN: 1781388938

Category: History

Page: 304

View: 9934

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 Law of War

Author: Ingrid Detter Delupis

Publisher: Cambridge University Press

ISBN: 9780521787758

Category: Law

Page: 516

View: 6958

This second edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in the light of events over the last decade, especially in Kosovo, East Timor, and Rwanda. Detter reviews the status of international forces and the role and responsibilities of organisations including the United Nations, the European Union, and the Red Cross. This new edition covers the Comprehensive Nuclear Test Ban Treaty (CNTBT), the Landmine Convention (1987), and Laser Protocol. It considers the aftermath of NATO's military action against the former Yugoslavia and its humanitarian justification, an action which illustrates the diminished 'reserved domain' over which a State has exclusive rights. New topics include compensation for war crimes, information warfare, space weapons, war crimes tribunals, sanctions and interventions. This updated edition will be of use to students of international law, international relations and politics.

Reflections on the Law of War

Collected Essays

Author: Frits Kalshoven

Publisher: Martinus Nijhoff Publishers

ISBN: 9004158251

Category: Law

Page: 1

View: 1747

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.

The Law of War

Author: Em Prof Ingrid Detter

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409464970

Category: Philosophy

Page: 566

View: 9381

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.