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The Distinction Between Combatants And Non Combatants In War
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Download or read book Sparing Civilians written by Seth Lazar and published by Oxford University Press, USA. This book was released on 2015 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing civilians is worse than killing soldiers. Few moral principles have been more widely and viscerally affirmed. But in recent years it has faced a rising tide of dissent. Seth Lazar aims to turn this tide, and to vindicate international law. He develops new insights into the morality of harm, relevant to everyone interested in the debate.
Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Book Synopsis War Crimes and Just War by : Larry May
Download or read book War Crimes and Just War written by Larry May and published by Cambridge University Press. This book was released on 2007-02-12 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Killing in War written by Jeff McMahan and published by OUP Oxford. This book was released on 2009-04-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.
Book Synopsis War by Agreement by : Yitzhak Benbaji
Download or read book War by Agreement written by Yitzhak Benbaji and published by . This book was released on 2019 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.
Book Synopsis The Treatment of Combatants and Insurgents Under the Law of Armed Conflict by : Emily Crawford
Download or read book The Treatment of Combatants and Insurgents Under the Law of Armed Conflict written by Emily Crawford and published by Oxford University Press. This book was released on 2010-01-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at why international law continues to make the legal distinction between persons who participate in an international or an internal armed conflict and, drawing on considerable legal precedent, legal theory, and the situation in Guantanamo Bay, it argues that it is time for the law of armed conflict to be applied more uniformly.
Book Synopsis The Moral Status of Combatants by : Michael Skerker
Download or read book The Moral Status of Combatants written by Michael Skerker and published by Routledge. This book was released on 2020-06-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a new contractualist foundation for just war theory, which defends the traditional view of the moral equality of combatants and associated egalitarian moral norms. Traditionally it has been viewed that combatants on both sides of a war have the same right to fight, irrespective of the justice of their cause, and both sides must observe the same restrictions on the use of force, especially prohibitions on targeting noncombatants. Revisionist philosophers have argued that combatants on the unjust side of a war have no right to fight, that pro-war civilians on the unjust side might be targetable, and that lawful combatants on the unjust side might in principle be liable to prosecution for their participation on the unjust side. This book seeks to undercut the revisionist project and defend the traditional view of the moral equality of combatants. It does so by showing how revisionist philosophers fail to build a strong foundation for their arguments and misunderstand that there is a moral difference between collective military violence and a collection of individually unjustified violent actions. Finally, the book develops a theory defending the traditional view of military ethics based on a universal duty of all people to support just institutions. This book will be of much interest to students of just war theory, ethics philosophy, and war studies.
Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst
Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Image before the Weapon by : Helen M. Kinsella
Download or read book The Image before the Weapon written by Helen M. Kinsella and published by Cornell University Press. This book was released on 2011-05-02 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses—including gender, innocence, and civilization—have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.
Book Synopsis The Protection of Non-Combatants During Armed Conflict and Safeguarding the Rights of Victims in Post-Conflict Society by : Philipp Ambach
Download or read book The Protection of Non-Combatants During Armed Conflict and Safeguarding the Rights of Victims in Post-Conflict Society written by Philipp Ambach and published by BRILL. This book was released on 2015-05-19 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
Book Synopsis The Deaths of Others by : John Tirman
Download or read book The Deaths of Others written by John Tirman and published by Oxford University Press. This book was released on 2011-07-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are greatly concerned about the number of our troops killed in battle--33,000 in the Korean War; 58,000 in Vietnam; 4,500 in Iraq--and rightly so. But why are we so indifferent, often oblivious, to the far greater number of casualties suffered by those we fight and those we fight for? This is the compelling, largely unasked question John Tirman answers in The Deaths of Others. Between six and seven million people died in Korea, Vietnam, and Iraq alone, the majority of them civilians. And yet Americans devote little attention to these deaths. Other countries, however, do pay attention, and Tirman argues that if we want to understand why there is so much anti-Americanism around the world, the first place to look is how we conduct war. We understandably strive to protect our own troops, but our rules of engagement with the enemy are another matter. From atomic weapons and carpet bombing in World War II to napalm and daisy cutters in Vietnam and beyond, our weapons have killed large numbers of civilians and enemy soldiers. Americans, however, are mostly ignorant of these methods, believing that American wars are essentially just, necessary, and "good." Trenchant and passionate, The Deaths of Others forces readers to consider the tragic consequences of American military action not just for Americans, but especially for those we fight against.
Book Synopsis Commentary on the Third Geneva Convention by :
Download or read book Commentary on the Third Geneva Convention written by and published by Cambridge University Press. This book was released on 2021-09-09 with total page 3034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.
Book Synopsis The Ethics of Killing by : Jeff McMahan
Download or read book The Ethics of Killing written by Jeff McMahan and published by Oxford University Press, USA. This book was released on 2002 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on philosophical notions of personal identity and the immorality of killing, Jeff McMahan looks at various issues, including abortion, infanticide, the killing of animals, assisted suicide, and euthanasia.
Download or read book Defensive Killing written by Helen Frowe and published by OUP Oxford. This book was released on 2014-10-23 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people believe that it is sometimes morally permissible for a person to use force to defend herself or others against harm. In Defensive Killing, Helen Frowe offers a detailed exploration of when and why the use of such force is permissible. She begins by considering the use of force between individuals, investigating both the circumstances under which an attacker forfeits her right not to be harmed, and the distinct question of when it is all-things-considered permissible to use force against an attacker. Frowe then extends this enquiry to war, defending the view that we should judge the ethics of killing in war by the moral rules that govern killing between individuals. She argues that this requires us to significantly revise our understanding of the moral status of non-combatants in war. Non-combatants who intentionally contribute to an unjust war forfeit their rights not to be harmed, such that they are morally liable to attack by combatants fighting a just war.
Book Synopsis Can Modern War Be Just? by : James Turner Johnson
Download or read book Can Modern War Be Just? written by James Turner Johnson and published by Yale University Press. This book was released on 1986-02-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now that mankind has created the capability of destroying itself through nuclear technology, is it still possible to think in terms of a just war? Johnson argues that it is, and in the context of specific case studies he offers moral guidelines for addressing such major contemporary problems as terrorist activity in a foreign country, an individual's conscientious objection to military service, and an American defense policy that requires development of weapons that may be morally employed in case of need. Remarkable. . . . A thoughtful and even profound book, which can be warmly recommended.--Adam Roberts, New Society [A] wise, prudential, and moral thesis. . . . A most important book, one that all Americans who can should read.--George Armstrong Kelly, Political Science Quarterly At its heart, Can Modern War be Just? Is a challenge to the common assumption that any modern war must be total--an unrestrained, spasmodic release of one's entire destructive capacity against the whole of the enemy's population.--Richard Allen, Journal of Religious Ethics Johnson . . . seriously attempt[s] to balance principles and respect facts. For this he is to be praised.--Gary Jason, Chronicles of Culture Johnson's application of just war doctrine to the hardest problems of contemporary warfare is both morally sensitive and intellectually bold. Readers will sometimes disagree with his arguments, but they will be forced to think hard, and they will learn what it is to work within a moral tradition.--Michael Walzer
Book Synopsis Tallinn Manual on the International Law Applicable to Cyber Warfare by : Michael N. Schmitt
Download or read book Tallinn Manual on the International Law Applicable to Cyber Warfare written by Michael N. Schmitt and published by Cambridge University Press. This book was released on 2013-03-07 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.
