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Author: Publisher: DIANE Publishing ISBN: 1437923011 Category : Languages : en Pages : 119
Book Description
This monograph is the ninth offering in the Combat Studies Institute's (CSI) Global War On Terrorism (GWOT) Occasional Papers series. The author, a retired Army lieutenant colonel and CSI historian, has produced a study that examines the evolution and continued applicability of the corpus that constitutes the law of war. As background, he provides a theoretical framework and the development of the law within Western and, specifically, U.S. Army doctrine and regulation. He then presents a case study of the British suppression of the Mau Mau insurgency between 1952 and 1960 in Kenya, a conflict with particular resonance today. Some of the more relevant characteristics of the conflict include the clash between Western and non-Western cultures and an initially asymmetric fight between conventional security forces and loosely organized, poorly equipped insurgents. It makes no claim that every lesson learned by the British during that counterinsurgency operation can be directly applied by the United States to the challenges of the GWOT, but this analysis does offer some insight about applying the law of war to an unfamiliar, non-Western environment. The genesis of this study is the public discourse asserting the possibility that the GWOT may require new rules and new law-of-war prescripts. This important discussion is fraught with complexities and long-term implications; the moral force in warfare is incredibly significant and any changes to the legal framework in place must be very carefully considered. Do we follow the law of war to the letter, do we remain consistent with the principles of Geneva, or do we approach the conflict as a new challenge requiring fundamental revisions to the law? According to the author, law-of-war violations are neither necessary nor excusable for successful prosecution of military operations in any environment, and because the law of war in its current form is more than adequate to face the new GWOT challenges, it does not warrant revision.
Author: Publisher: DIANE Publishing ISBN: 1437923011 Category : Languages : en Pages : 119
Book Description
This monograph is the ninth offering in the Combat Studies Institute's (CSI) Global War On Terrorism (GWOT) Occasional Papers series. The author, a retired Army lieutenant colonel and CSI historian, has produced a study that examines the evolution and continued applicability of the corpus that constitutes the law of war. As background, he provides a theoretical framework and the development of the law within Western and, specifically, U.S. Army doctrine and regulation. He then presents a case study of the British suppression of the Mau Mau insurgency between 1952 and 1960 in Kenya, a conflict with particular resonance today. Some of the more relevant characteristics of the conflict include the clash between Western and non-Western cultures and an initially asymmetric fight between conventional security forces and loosely organized, poorly equipped insurgents. It makes no claim that every lesson learned by the British during that counterinsurgency operation can be directly applied by the United States to the challenges of the GWOT, but this analysis does offer some insight about applying the law of war to an unfamiliar, non-Western environment. The genesis of this study is the public discourse asserting the possibility that the GWOT may require new rules and new law-of-war prescripts. This important discussion is fraught with complexities and long-term implications; the moral force in warfare is incredibly significant and any changes to the legal framework in place must be very carefully considered. Do we follow the law of war to the letter, do we remain consistent with the principles of Geneva, or do we approach the conflict as a new challenge requiring fundamental revisions to the law? According to the author, law-of-war violations are neither necessary nor excusable for successful prosecution of military operations in any environment, and because the law of war in its current form is more than adequate to face the new GWOT challenges, it does not warrant revision.
Author: David P. Cavaleri Publisher: CreateSpace ISBN: 9781478155935 Category : History Languages : en Pages : 120
Book Description
The Law of War: Can 20th-Century Standards Apply to the Global War on Terrorism? is the ninth offering in the Combat Studies Institute's (CSI) Global War On Terrorism (GWOT) Occasional Papers series. Mr. David Cavaleri, a retired Armor lieutenant colonel and CSI historian, has produced a study that examines the evolution and continued applicability of the corpus, both conventional and customary, that constitutes the law of war. As background, Mr. Cavaleri provides a theoretical framework and the development of the law within Western and, specifically, US Army doctrine and regulation. He then presents a case study of the British suppression of the Mau Mau insurgency in 1950s Kenya, a conflict with particular resonance today. Some of the more relevant characteristics of the “emergency,” as it was called, include the clash between Western and non-Western cultures and an initially asymmetric fight between conventional security forces and loosely organized, poorly equipped insurgents. The genesis of this study is the public discourse, both explicit and implicit, asserting the possibility that the GWOT may require new rules and new law-of-war prescripts. This important discussion is fraught with complexities and long-term implications; the moral force in warfare is incredibly significant and any changes to the legal framework in place must be very carefully considered. Do we follow the law of war to the letter, do we remain “consistent with the principles of Geneva,” or do we approach the conflict as a new challenge requiring fundamental revisions to the law? These are the options Mr. Cavaleri addresses, and we are pleased to contribute this Occasional Paper to the debate. In 1630 the first governor of Massachusetts, John Winthrop, wrote a sermon titled “A Model of Christian Charity” in which he enjoined his fellow colonists to make Boston a “city set on a hill.” Subsequent political leaders, President Ronald Reagan for one, have periodically employed that image to portray the United States as a beacon of moral fortitude and Western character. This perception of the United States as a “shining city” creates a dilemma caused by the friction between the regulatory principles of the law of war as codified in the Geneva Conventions of 1949 and the military necessity of responding to non-Western tactics, techniques, and procedures (TTP) now encountered during the Global War on Terrorism (GWOT). This study is intended to generate discussion about the application of the law of war during 21st-century military campaigns conducted in the contemporary operational environment (COE). It combines a review of the documentary evolution of the law of war with a historical case study of the British experience in Kenya between 1952 and 1960 against the Mau Mau insurgents. It makes no claim that every lesson learned by the British during that counterinsurgency operation can be directly applied by the United States to the challenges of the GWOT, but this analysis does offer some insight about applying the law of war to an unfamiliar, non-Western environment. The debate concerning the law of war's applicability will grow more vocal as non-state enemies of the United States adapt TTP to exploit perceived centers of gravity like public opinion. In anticipation of that escalating debate, this analysis offers the following as its overarching question: Is the current version of the law of war suited to the COE in general and the GWOT in particular?~
Author: Office of Gen Counse Dep't of Defense Publisher: ISBN: 9780997878301 Category : Law Languages : en Pages : 1166
Book Description
The Department of Defense Law of War Manual belongs on the shelf of every researcher, journalist, lawyer, historian, and individual interested in foreign affairs, international law, human rights, or national security. The Manual provides a comprehensive, authoritative interpretation of the law of war for the U.S. Department of Defense.
Author: Michael Bothe Publisher: Oxford University Press, USA ISBN: 0199658803 Category : History Languages : en Pages : 767
Book Description
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Author: Elizabeth Wilmshurst Publisher: OUP Oxford ISBN: 0191632236 Category : Law Languages : en Pages : 568
Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: Md. Jahid Hossain Bhuiyan Publisher: BRILL ISBN: 9004375546 Category : Law Languages : en Pages : 350
Book Description
This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.
Author: William C. Banks Publisher: Columbia University Press ISBN: 0231526563 Category : Political Science Languages : en Pages : 320
Book Description
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
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Author: David P. Cavaleri
Author: Office of Gen Counse Dep't of Defense
Author: Michael Bothe
Author: Leslie C. Green
Author: Elizabeth Wilmshurst
Author: Md. Jahid Hossain Bhuiyan
Author: Paul S. Wilson
Author: William C. Banks
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