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Transnational Asymmetric Armed Conflict Under International Humanitarian Law
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Book Synopsis Transnational Asymmetric Armed Conflict Under International Humanitarian Law by : Eliav Lieblich
Download or read book Transnational Asymmetric Armed Conflict Under International Humanitarian Law written by Eliav Lieblich and published by . This book was released on 2015 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book addresses some of the major challenges that contemporary conflicts, particularly transnational asymmetric armed conflicts, present in the context of international humanitarian law. Against the growing interface between international humanitarian and human rights law, it discusses the normative framework regulating such conflicts as well as particular issues concerning the law on targeting, such as the application of the principles of distinction and proportionality in scenarios of asymmetric conflict. The book defines the different positions in international discourse regarding these dilemmas and seeks wherever possible to reconcile them, at the same time that it highlights instances where there can be no reconciliation. The volume attempts to map the approaches toward some of the most pressing issues on the regulation of contemporary armed conflicts. Intended for military commanders, policymakers, lawyers, and the general public, it provides a detailed summary of these dilemmas that can serve decision makers in their formulation and assessment of state action and policy"--Publisher's web site.
Book Synopsis The Challenges of Asymmetric Warfare. Enhancing Compliance with International Humanitarian Law by Organized Armed Groups by : María Alejandra Martinovic
Download or read book The Challenges of Asymmetric Warfare. Enhancing Compliance with International Humanitarian Law by Organized Armed Groups written by María Alejandra Martinovic and published by Anchor Academic Publishing. This book was released on 2016-09-13 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: All armed conflicts, whether international or non-international, are characterized by some sort of asymmetry. Disparities between parties to armed hostilities have always been an issue as a matter of fact, although not necessarily addressed by International Humanitarian Law (IHL) as a matter of law. IHL remains a stranger to such situations, for it is based on its equal applicability to all parties of a conflict. Nonetheless, contemporary conflicts have shown that the said equality may no longer be the rule, but rather the exception. This refers in particular to non-international armed conflicts where parties are inherently asymmetrical and the weaker ones tend to act in straightforward violation of universally hailed rules in order to engage their technologically advanced and more resourceful enemy. Accordingly, the ways in which asymmetric actors behave during armed conflicts challenge IHL’s basic foundations, and the fact that civilians still endure the burden of hostilities, as their primary victims, underpins the necessity for further efforts in the attempt to promote respect for IHL. This work assesses diverse alternatives to respond to these brutal forms of asymmetric confrontations, with a view on those mechanisms which best address the causes why non-state actors deny not only complying with IHL from a legal perspective but also contemplating policy-making considerations.
Book Synopsis New Battlefields/Old Laws by : William C. Banks
Download or read book New Battlefields/Old Laws written by William C. Banks and published by Columbia University Press. This book was released on 2011-10-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Changing Nature of War and Its Impacts on International Humanitarian Law by : Philipp Schweers
Download or read book The Changing Nature of War and Its Impacts on International Humanitarian Law written by Philipp Schweers and published by GRIN Verlag. This book was released on 2009-06 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 7,5, University of Amsterdam (Vrije Universiteit Amsterdam), course: International Humanitarian Law, language: English, abstract: At the beginning of the 21st century it seems that warfare and armed conflict get messier and more chaotic than ever before. The phenomenon of weak and fragile statehood destabilizes whole regions and makes intra-state conflict to a constant feature with spill-over character in many areas of the world. At the same time do non-state armed actors, from warlords to armed militias to terrorists to private military firms, re-enter the international conflictscene. The globalized character of contemporary organized violence, especially the phenomenon of transnational terrorism, does challenge the international security structure. While symmetric inter-state conflicts are constantly decreasing and less likely to appear, the dominant form of contemporary armed conflict is intra-state and asymmetric by nature. One of the most striking features within contemporary armed violence is the increasingly important role of civilians, as victims but also as perpetrators and participants in hostilities. The fundamental line between soldiers and civilians has long been essential to the law of war, but with the rise of transnational terrorism, warlords and other non-state actors in armed conflict this distinction gets seemingly blurred.
Book Synopsis Civilian Or Combatant? by : Anicée Van Engeland
Download or read book Civilian Or Combatant? written by Anicée Van Engeland and published by Oxford University Press. This book was released on 2011-03-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. It identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The author demonstrates that this branch of international law is in constant evolution.
Book Synopsis Asymmetric Warfare. A Challenge for International Humanitarian Law? by : Stefan Kirchner
Download or read book Asymmetric Warfare. A Challenge for International Humanitarian Law? written by Stefan Kirchner and published by GRIN Verlag. This book was released on 2015-12-21 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: Asymmetric warfare has been a hallmark of many armed conflicts of the 21st century. Written from the perspective of international law, this article asks whether the deliberate use of widespread and systematic violations of the laws of war as a strategy and / or tactic of war by some (state and non-state) actors places the ability of International Humanitarian Law (IHL) to protect civilians in wartime at risk.
Book Synopsis Transnational Conflicts and International Law by : Constantin von der Groeben
Download or read book Transnational Conflicts and International Law written by Constantin von der Groeben and published by BoD – Books on Demand. This book was released on 2014-11-06 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operations against the PKK in northern Iraq pose difficulties as they transcend individual nations˙ political systems and geographical borders. Whether the law of war (i.e. humanitarian law) is applicable to such conflicts and to what extent human rights law binds the states involved is debated. This work aims to provide structure to the current debate and analyzes the applicability of both humanitarian law and human rights law. Furthermore, it examines and explores approaches to enhance and develop the existing legal framework, including proposed new legal regimes for transnational conflicts. The author argues against the strict separation of international humanitarian law and human rights law and instead borrows from Colombian authorities’ experience in their struggle with the FARC to develop an alternate solution, combining both legal regimes in an integrated approach.
Book Synopsis Counterinsurgency Law by : William Banks
Download or read book Counterinsurgency Law written by William Banks and published by Oxford University Press. This book was released on 2013-01-22 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
Book Synopsis The Moral Dimension of Asymmetrical Warfare by : Th.A van Baarda
Download or read book The Moral Dimension of Asymmetrical Warfare written by Th.A van Baarda and published by BRILL. This book was released on 2009-06-30 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART I The superpower and asymmetry PART II Jus ad bellum, jus in bello, jus post bellum PART III Leadership and accountability PART IV Soldiers’ perspectives PART V Ethical Education and Decision-making for the Military PART VI Stress and trauma PART VII The media PART VIII Democracy under Scrutiny PART IX In Hindsight
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 Self-Determination, Terrorism, and the International Humanitarian Law of Armed Conflict by : Elizabeth Chadwick
Download or read book Self-Determination, Terrorism, and the International Humanitarian Law of Armed Conflict written by Elizabeth Chadwick and published by Martinus Nijhoff Publishers. This book was released on 1996-03-05 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parties to a conflict.
Book Synopsis Yearbook of International Humanitarian Law Volume 17, 2014 by : T.D. Gill
Download or read book Yearbook of International Humanitarian Law Volume 17, 2014 written by T.D. Gill and published by Springer. This book was released on 2015-12-22 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume commemorates the centenary of the First World War (1914-2014) and aims to capture 100 years of warfare evolution. Among the main issues addressed are the changing nature of means and methods of warfare, the law of weaponry, and challenges to humanitarian assistance and protection of the civilian population affected by armed conflict. Specific topics include the legal regime governing nuclear weapons, the prohibition of chemical weapons and arms control, the evolution of naval warfare, asymmetric conflicts, the law of occupation and cultural property. A comprehensive Year in Review also describes the most important events and legal developments that took place in 2014. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
Author :Wolff Heintschel von Heinegg Publisher :Springer Science & Business Media ISBN 13 :3540490906 Total Pages :277 pages Book Rating :4.5/5 (44 download)
Book Synopsis International Humanitarian Law Facing New Challenges by : Wolff Heintschel von Heinegg
Download or read book International Humanitarian Law Facing New Challenges written by Wolff Heintschel von Heinegg and published by Springer Science & Business Media. This book was released on 2007-03-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features the contributions of a distinguished group of experts in the field of the law of armed conflicts that gathered in Berlin in June 2005. The goal of the colloquium, which marked the 70th birthday of Knut Ipsen, was to find operable solutions for problems and challenges that confront the contemporary law of armed conflict.
Book Synopsis Revisiting the Geneva Conventions: 1949-2019 by : Md. Jahid Hossain Bhuiyan
Download or read book Revisiting the Geneva Conventions: 1949-2019 written by Md. Jahid Hossain Bhuiyan and published by BRILL. This book was released on 2019-11-11 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Advanced Introduction to International Humanitarian Law by : Robert Kolb
Download or read book Advanced Introduction to International Humanitarian Law written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2014-12-31 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions _ which are at times challenging and controversial _ in order to get to the very essence of the subject a
Book Synopsis Theoretical Boundaries of Armed Conflict and Human Rights by : Jens David Ohlin
Download or read book Theoretical Boundaries of Armed Conflict and Human Rights written by Jens David Ohlin and published by Cambridge University Press. This book was released on 2016-08-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.
Book Synopsis Protecting Civilians During Violent Conflict by : Igor Primoratz
Download or read book Protecting Civilians During Violent Conflict written by Igor Primoratz and published by Routledge. This book was released on 2016-04-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is almost unanimous agreement that civilians should be protected from the direct effects of violent conflict, and that the distinction between combatant and non-combatant should be respected. But what are the fundamental ethical questions about civilian immunity? Are new styles of conflict making this distinction redundant? Eloquently combining theory and practice, leading scholars from the fields of political science, law and philosophy have been brought together to provide an essential overview of some of the major ethical, legal and political issues with regard to protecting civilians caught up in modern inter- and intra-state conflicts. In doing so, they examine what is being done, and what can be done, to make soldiers more aware of their responsibilities in this area under international law and the ethics of war, and more able to respond appropriately to the challenges that will confront them in the field. 'Protecting Civilians During Violent Conflict' presents a clear-eyed look at the dilemmas facing regular combatants as they confront enemies in the modern battlespace, and especially the complications arising from the new styles of conflict where enemy and civilian populations merge.
