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Civilian Or Combatant

Author: Anicee Van Engeland
Publisher: Oxford University Press
ISBN: 0199876754
Size: 51.77 MB
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In Civilian or Combatant?: A Challenge for the 21st Century, Anic?e Van Engeland 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. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as well as how international humanitarian has been stretched to meet these challenges.

Protecting Civilians During Violent Conflict

Author: Igor Primoratz
Publisher: Routledge
ISBN: 1317074343
Size: 54.56 MB
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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.

The Evolving Terrorist Threat To Southeast Asia

Author: Peter Chalk
Publisher: Rand Corporation
ISBN: 0833047590
Size: 57.91 MB
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Building on prior RAND research analyzing the motives, drivers, and capabilities of the principal extremist groups operating in the Philippines, southern Thailand, and Indonesia, this study examined the historical roots of militancy in these countries, the development and perpetuation of extremist ideological frameworks, and national and international government response efforts.

Unspeakable Truths

Author: Priscilla B. Hayner
Publisher: Psychology Press
ISBN: 9780415924788
Size: 38.33 MB
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This book is a profound exploration of truth commissions around the world, and the anguish, injustice, and the legacy of hate they are meant to absolve. Hayner examines twenty major truth commissions established around the world paying special attention to South Africa, El Salvador, Argentina, Chile, and Guatemala.

The Terrorism Threat And U S Government Response

Author: James M. Smith
Publisher:
ISBN: 9781410212788
Size: 33.89 MB
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CONTENTS Foreword: Twenty-First Century Terrorism Terrorism Threat and Response: A Policy Perspective The Terrorist Threat The Terrorist Threat in Strategic Context The Changing Nature of Terrorism WMD Terrorism: Hype or Reality The Cyber Threat Prevention, Preemption, Deterrence, and Denial Domestic Preemption Combating International Terrorism Antiterrorism Via Counterproliferation Intelligence Responding to and Organizing for Terrorism The Military's Response to Domestic WMD Terrorism International Incident Response Organizing to Combat 21st Century Terrorism Epilogue: A Terrorism Agenda for the United States About the Contributors

The Image Before The Weapon

Author: Helen M. Kinsella
Publisher: Cornell University Press
ISBN: 9780801461262
Size: 15.72 MB
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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.

Counterinsurgency Law

Author: William C. Banks
Publisher: Oxford University Press
ISBN: 0199941440
Size: 80.64 MB
Format: PDF
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"The four parts of our book that follow offer a range of legal and policy perspectives on the problems of COIN in particular and irregular warfare in general as twenty-first century asymmetric warfare continues to evolve. The contributors offer analyses and prescriptions that are complimentary in some instances and widely divergent in others"--Page xxii, Introduction.

The Morality Of War Second Edition

Author: Brian Orend
Publisher: Broadview Press
ISBN: 1554810957
Size: 48.61 MB
Format: PDF, Kindle
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The first edition of The Morality of War was one of the most widely-read and successful books ever written on the topic. In this second edition, Brian Orend builds on the substantial strengths of the first, adding important new material on: cyber-warfare; drone attacks; the wrap-up of Iraq and Afghanistan; conflicts in Libya and Syria; and protracted struggles (like the Arab-Israeli conflict). Updated and streamlined throughout, the book offers new research tools and case studies, while keeping the winning blend of theory and history featured in the first edition. This book remains an engaging and comprehensive examination of the ethics, and practice, of war and peace in today’s world.

The Law Of War

Author: Em Prof Ingrid Detter
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409464970
Size: 42.17 MB
Format: PDF, Docs
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The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain ‘intrinsic’ rules such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights.