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Unlawful Combatants
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Book Synopsis Unlawful Combatants by : Sibylle Scheipers
Download or read book Unlawful Combatants written by Sibylle Scheipers and published by OUP Oxford. This book was released on 2015-01-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlawful Combatants brings the study of irregular warfare back into the centre of war studies. The experience of recent and current wars in Afghanistan, Iraq, Libya, and Syria showed that the status and the treatment of irregular fighters is one of the most central and intricate practical problems of contemporary warfare. Yet, the current literature in strategic studies and international relations more broadly does not problematize the dichotomy between the regular and the irregular. Rather, it tends to take it for granted and even reproduces it by depicting irregular warfare as a deviation from the norm of conventional, inter-state warfare. In this context, irregular warfare is often referred to as the 'new wars' and is associated with the erosion of statehood and sovereignty more generally. This obscures the fact that irregulars such as rebels, guerrillas, insurgents and terrorist groups have a far more ambiguous relationship to the state than the dichotomy between the state and 'non-state' actors implies. They often originate from states, are supported by states and/or aspire to statehood themselves. The ambiguous relationship between irregular fighters and the state is the focus of the book. It explores how the category of the irregular fighter evolved as the conceptual opposite of the regular armed forces, and how this emergence was tied to the evolution of the nation state and its conscripted mass armies at the end of the eighteenth century. It traces the development of the dichotomy of the irregular and the regular, which found its foremost expression in the modern law of armed conflict, into the twenty-first century and provides a critique of the concept of the 'unlawful combatant' as it emerged in the framework of the 'war on terror'. This book is a project of Changing Character of War programme at the University of Oxford.
Book Synopsis International Law and its Others by : Anne Orford
Download or read book International Law and its Others written by Anne Orford and published by Cambridge University Press. This book was released on 2006-11-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
Book Synopsis Lawful and unlawful combatants by : Alena Angelovicova
Download or read book Lawful and unlawful combatants written by Alena Angelovicova and published by GRIN Verlag. This book was released on 2007-11-26 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2007 in the subject Law - European and International Law, Intellectual Properties, grade: 66 %, University of Westminster, course: International Law, language: English, abstract: The scope of the essay is to outline the significant distinctions between lawful and unlawful combatants and the consequences of such distinction in relation to the entitlement to the status of prisoners of war and legal responsibility. However, due to the lack of expressis verbis provision related to the term of unlawful combatants, the first the terminology will be considered. The distinctions between lawful and unlawful combatants will be illustrated with examples, mostly on war in Afghanistan. Furthermore, the status of unlawful and lawful combatants will be examined in relation to the internal armed conflict.
Book Synopsis Unlawful Combatants by : Sibylle Scheipers
Download or read book Unlawful Combatants written by Sibylle Scheipers and published by Oxford University Press, USA. This book was released on 2015 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the emergence and the development of irregular fighters, such as guerrillas, rebels, insurgents, and terrorists throughout the history of modern war. It presents a historically based critique of the twenty-first century notion of the irregular fighter as an 'unlawful combatant'.
Book Synopsis The Detention of Unlawful Enemy Combatants During the War on Terror by : Colleen E. Hardy
Download or read book The Detention of Unlawful Enemy Combatants During the War on Terror written by Colleen E. Hardy and published by LFB Scholarly Publishing. This book was released on 2009 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the new enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.
Download or read book Unlawful Combatant written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-06-22 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is Unlawful Combatant A person who directly engages in armed conflict in contravention of the rules of war and is therefore alleged to not be protected by the Geneva Conventions is referred to as an unlawful combatant, an illegal combatant, or an unprivileged combatant/belligerent. Any of these terms refer to the same individual.It has been brought to the attention of the International Committee of the Red Cross that the terms "unlawful combatant," "illegal combatant," and "unprivileged combatant/belligerent" are not articulated in any of the international accords that have been established. Additionally, the phrase "illegal combatant" does not occur in the Third Geneva Convention, despite the fact that the notion of an unlawful combatant is covered in the agreement. There are certain circumstances that can qualify a person for the status of prisoner of war, and Article 4 of the Third Geneva Convention does identify those circumstances. Other international treaties prohibit mercenaries and youngsters from being considered lawful combatants. These accords make this distinction. How you will benefit (I) Insights, and validations about the following topics: Chapter 1: Unlawful combatant Chapter 2: Combatant Chapter 3: Enemy combatant Chapter 4: Ex parte Quirin Chapter 5: Combatant Status Review Tribunal Chapter 6: Hamdan v. Rumsfeld Chapter 7: Competent tribunal Chapter 8: Extrajudicial prisoners of the United States Chapter 9: Detention (imprisonment) Chapter 10: Military Commissions Act of 2006 (II) Answering the public top questions about unlawful combatant. Who this book is for Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Unlawful Combatant.
Book Synopsis The Law of Armed Conflict by : Gary D. Solis
Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2010-02-15 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.
Book Synopsis The significance of the distinction between lawful and unlawful combatants by : Alena Angelovicova
Download or read book The significance of the distinction between lawful and unlawful combatants written by Alena Angelovicova and published by GRIN Verlag. This book was released on 2009-08-24 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay aus dem Jahr 2007 im Fachbereich Jura - Sonstiges, University of Westminster, Sprache: Deutsch, Abstract: The scope of the essay is to outline the significant distinctions between lawful and unlawful combatants and the consequences of such distinction in relation to the entitlement to the status of prisoners of war and legal responsibility. However, due to the lack of expressis verbis provision related to the term of unlawful combatants, the first the terminology will be considered. The distinctions between lawful and unlawful combatants will be illustrated with examples, mostly on war in Afghanistan. Furthermore, the status of unlawful and lawful combatants will be examined in relation to the internal armed conflict.
Book Synopsis New Kind of War - New Kind of Detention? by : Dorte Hühnert
Download or read book New Kind of War - New Kind of Detention? written by Dorte Hühnert and published by LIT Verlag Münster. This book was released on 2016 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the Bush administration 9/11 started a new kind of war. In reaction to the attacks the president and his legal advisors created the term unlawful enemy combatant in addition to the Geneva Conventions' distinction of combatants and civilians. Alluding to international law, the term suggests legality and seeks to legitimize a new kind of detention, yet leading to the torture scandal and Guantanamo Bay Detention Camp. This empirical study traces the term's development throughout the first year after 9/11 and reveals the legitimation strategies for detainee treatment of the Bush administration. (Series: Studies on Peace Research / Studien zur Friedensforschung, Vol. 19) [Subject: Politics]
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 Enemy Combatants, Terrorism, and Armed Conflict Law by : David K. Linnan
Download or read book Enemy Combatants, Terrorism, and Armed Conflict Law written by David K. Linnan and published by Bloomsbury Publishing USA. This book was released on 2008-01-30 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them. Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.
Book Synopsis International Law And Armed Conflict, Exploring the Faultlines by : Michael N. Schmitt
Download or read book International Law And Armed Conflict, Exploring the Faultlines written by Michael N. Schmitt and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
Book Synopsis Detention of American Citizens as Enemy Combatants by : Jennifer Elsea
Download or read book Detention of American Citizens as Enemy Combatants written by Jennifer Elsea and published by . This book was released on 2008 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other terrorist organizations as "enemy combatants.""--BOOK JACKET.
Book Synopsis Civilian Or Combatant? by : Anisseh van Engeland
Download or read book Civilian Or Combatant? written by Anisseh van Engeland and published by Oxford University Press, USA. 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.
Download or read book Killing Terrorists written by Anna Goppel and published by Walter de Gruyter. This book was released on 2013-01-30 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeted killing of terrorists has become an established practice in the fight against terrorism. The disturbing consequences of the practice and its increasing political and societal acceptance raise questions as to its justifiability and its place in counter-terrorism. Anna Goppel explores whether targeted killing of terrorists can be justified, both from a moral and an international legal perspective. She discusses moral and international legal limits to state use of lethal force and argues that the moral principles and the international legal regulations allow for the practice only in very specific, very rare, and rather hypothetical cases. The analysis is based on a thorough discussion of the human right to life, the laws and ethics of war, and the relevant moral and legal arguments. This makes it of particular interest to philosophers and legal theorists interested in terrorism, counter-terrorism, human rights, and the legitimacy of defensive state measures.
Book Synopsis Enhancing Cooperation in Defence Against Terrorism by : IOS Press
Download or read book Enhancing Cooperation in Defence Against Terrorism written by IOS Press and published by IOS Press. This book was released on 2012-09-14 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism continues to evolve; altered sources of funding, changes in national governments and the ever increasing importance of the internet mean that international cooperation in the development and implementation of strategies to counteract terrorist activity remain an important priority worldwide. This book contains articles arising from the presentations by eleven experts from five countries, delivered at the NATO Centre of Excellence – Defence against Terrorism (COE-DAT) advanced training course (ATC) entitled Enhancing Cooperation in Defence against Terrorism, held in Astana, Kazakhstan, in September 2010. The aim of this ATC was to stimulate discussion and facilitate interoperability between these five countries and NATO in the fight against terrorism.The book opens with an overview of the landscape in which terrorism currently exists, and a reminder that a new approach is needed in the fight against terrorism to replace the Cold War model we have become accustomed to. The remaining articles cover a wide range of issues: countering the ideology of terrorism; legal aspects of combating terrorism and responding to terrorist use of the internet; the links between terrorism and organised crime; energy security; weapons of mass destruction; international humanitarian law; suicide terrorism; the role of the media in terrorism and counterterrorism; and dilemmas in counterterrorism strategy. In addition to the presentations from the ATC, the book includes two articles by Brigitte Nacos of Columbia University: The Importance of Strategic Communication and Public Diplomacy in Combating Terrorism, and Terrorism Media and Censorship.
Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham
Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by . This book was released on 2014-03 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
