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War As Protection And Punishment
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Book Synopsis War as Protection and Punishment by : Teresa Degenhardt
Download or read book War as Protection and Punishment written by Teresa Degenhardt and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides an analysis of how penal discourses are used to legitimate post-Cold-War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers' violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of the punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimise military conventions"--
Book Synopsis War as Protection and Punishment by : Teresa Degenhardt
Download or read book War as Protection and Punishment written by Teresa Degenhardt and published by Taylor & Francis. This book was released on 2023-09-15 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of how penal discourses are used to legitimate post-Cold War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers’ violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimize military conventions.
Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Book Synopsis A History of the Laws of War: Volume 2 by : Alexander Gillespie
Download or read book A History of the Laws of War: Volume 2 written by Alexander Gillespie and published by Bloomsbury Publishing. This book was released on 2011-10-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives; Volume 2 on civilians; and Volume 3 on the law of arms control. This second book on civilians examines four different topics. The first topic deals with the targetting of civilians in times of war. This discussion is one which has been largely governed by the developments of technologies which have allowed projectiles to be discharged over ever greater areas, and attempts to prevent their indiscriminate utilisation have struggled to keep pace. The second topic concerns the destruction of the natural environment, with particular regard to the utilisation of starvation as a method of warfare, and unlike the first topic, this one has rarely changed over thousands of years, although contemporary practices are beginning to represent a clear break from tradition. The third topic is concerned with the long-standing problems of civilians under the occupation of opposing military forces, where the practices of genocide, collective punishments and/or reprisals, and rape have occurred. The final topic in this volume is about the theft or destruction of the property of the enemy, in terms of either pillage or the intentional devastation of the cultural property of the opposition. As a work of reference this set of three books is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself.
Book Synopsis Humanizing the Laws of War by : Richard Baxter
Download or read book Humanizing the Laws of War written by Richard Baxter and published by Oxford University Press. This book was released on 2013-08 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Baxter was the pre-eminent scholar of the laws of war in the last century. This book brings together his key writings in this area in an accessible form, with a new introduction and biographical note written Professor Detlev Vagts and Judge Stephen Schwebel.
Book Synopsis War and Punishment by : H. E. Goemans
Download or read book War and Punishment written by H. E. Goemans and published by Princeton University Press. This book was released on 2012-01-06 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes wars drag on and why do they end when they do? Here H. E. Goemans brings theoretical rigor and empirical depth to a long-standing question of securities studies. He explores how various government leaders assess the cost of war in terms of domestic politics and their own postwar fates. Goemans first develops the argument that two sides will wage war until both gain sufficient knowledge of the other's strengths and weaknesses so as to agree on the probable outcome of continued war. Yet the incentives that motivate leaders to then terminate war, Goemans maintains, can vary greatly depending on the type of government they represent. The author looks at democracies, dictatorships, and mixed regimes and compares the willingness among leaders to back out of wars or risk the costs of continued warfare. Democracies, according to Goemans, will prefer to withdraw quickly from a war they are not winning in order to appease the populace. Autocracies will do likewise so as not to be overthrown by their internal enemies. Mixed regimes, which are made up of several competing groups and which exclude a substantial proportion of the people from access to power, will likely see little risk in continuing a losing war in the hope of turning the tide. Goemans explores the conditions and the reasoning behind this "gamble for resurrection" as well as other strategies, using rational choice theory, statistical analysis, and detailed case studies of Germany, Britain, France, and Russia during World War I. In so doing, he offers a new perspective of the Great War that integrates domestic politics, international politics, and battlefield developments.
Book Synopsis Encyclopedia of War Crimes and Genocide by : Leslie Alan Horvitz
Download or read book Encyclopedia of War Crimes and Genocide written by Leslie Alan Horvitz and published by Infobase Publishing. This book was released on 2014-05-14 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Entries address topics related to genocide, crimes against humanity and peace, and human rights violations; profile perpetrators including Joseph Stalin, Pol Pot, and Idi Amin; and discuss institutions set up to prosecute these crimes in countries around the world.
Book Synopsis Just and Unjust Warriors by : David Rodin
Download or read book Just and Unjust Warriors written by David Rodin and published by OUP Oxford. This book was released on 2010-08-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
Book Synopsis Elements of International Law and Laws of War by : Henry Wager Halleck
Download or read book Elements of International Law and Laws of War written by Henry Wager Halleck and published by . This book was released on 1866 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Laws of War in International Thought by : Pablo Kalmanovitz
Download or read book The Laws of War in International Thought written by Pablo Kalmanovitz and published by Oxford University Press. This book was released on 2020-09-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.
Book Synopsis The Individualization of War by : Jennifer Welsh
Download or read book The Individualization of War written by Jennifer Welsh and published by Oxford University Press. This book was released on 2023-12-14 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights and responsibilities of the individual are at the centre of today's armed conflicts in a way that they have never been before. This process of 'individualization', which challenges the primacy of the sovereign state, is driven by normative developments related to human rights that have elevated human-centric conceptions of security and created a new class of international crimes, as well as by technological and strategic developments that can both empower individuals as military actors and enable either the targeting or protection of particular individuals. The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes. This book presents a novel conceptualization of the phenomenon of individualization, including how it is both practiced and contested. It then convenes a set of leading thinkers from the fields of moral philosophy, international law, and international relations to further our understanding of not only how individualization is manifest in armed conflict - in theory and in practice - but also how it generates tensions and challenges for today's scholars and practitioners. The collective research on which the book is based integrates the currently segregated scholarship on individualization in different academic disciplines, thereby illuminating the important links between law, morality, and politics that constitute the day-to-day reality for national militaries, international organizations, and humanitarian actors
Book Synopsis The Feminist War on Crime by : Aya Gruber
Download or read book The Feminist War on Crime written by Aya Gruber and published by Univ of California Press. This book was released on 2020-05-26 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.
Book Synopsis Law as Punishment / Law as Regulation by : Austin Sarat
Download or read book Law as Punishment / Law as Regulation written by Austin Sarat and published by Stanford University Press. This book was released on 2011-08-29 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.
Book Synopsis Military Rules, Regulations & the Code of War by : Richard Shelly Hartigan
Download or read book Military Rules, Regulations & the Code of War written by Richard Shelly Hartigan and published by Transaction Publishers. This book was released on 2010-09-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published under title: Lieber's Code and the law of war. Chicago: Precedent, 1983.
Book Synopsis The Law of War Between Belligerents by : Percy Bordwell
Download or read book The Law of War Between Belligerents written by Percy Bordwell and published by . This book was released on 1908 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Elements of Genocide by : Paul Behrens
Download or read book Elements of Genocide written by Paul Behrens and published by Routledge. This book was released on 2013-05-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
Book Synopsis Axis Rule in Occupied Europe by : Raphael Lemkin
Download or read book Axis Rule in Occupied Europe written by Raphael Lemkin and published by The Lawbook Exchange, Ltd.. This book was released on 2014 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this study Polish emigre Raphael Lemkin (1900-1959) coined the term 'genocide' and defined it as a subject of international law"--Provided by publisher.
