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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: Peter Leman Publisher: Postcolonialism Across the Dis ISBN: 1789621135 Category : History Languages : en Pages : 232
Book Description
Singing the Law is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, this book begins with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., both promoting and retreating from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously adapt orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa's oral jurisprudence ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.
Author: Rosemarie Skaine Publisher: Bloomsbury Publishing USA ISBN: Category : Political Science Languages : en Pages : 480
Book Description
This book provides up-to-date coverage of the policies, strategies, and effects of suicide in war, examining this subject from societal and military perspectives to shed light on the justifications for using human beings as expendable weapons. Suicide warfare has expanded over the years and become a global phenomenon. In some parts of the world, it has become rooted in the fabric of society. Westerners often find it difficult to grasp why someone would be willing to sacrifice their life in order to take the lives of others. Suicide Warfare: Culture, the Military, and the Individual as a Weapon provides a thorough examination of the topic that enables readers to understand the justification for suicide warfare and better appreciate how the ideology of the individuals and organizations that resort to suicide warfare greatly complicates security issues in the 21st century. The book covers the policies, strategies, and effects of suicide in war, examining suicide warfare in its entirety from a theoretical standpoint, and then applying those theories to the actual manifestations of and politico-military responses to suicide warfare. The author discusses specific organizations such as Al Qaeda and the Chechen rebels, analyzing each within its societal context, military justification, individual motivation, and outcomes, and addresses principles of sociological and conflict theory to place suicide warfare in a clearer conceptual framework. The book presents case studies that allow readers to better understand abstract theories and make distinctions between individual cases of suicide warfare.
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Author: David P. Cavaleri
Author: Office of Gen Counse Dep't of Defense
Author: Leslie C. Green
Author: Michael Bothe
Author: Peter Leman
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Author: Rosemarie Skaine