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Islamic Law And The Law Of Armed Conflict

Author: Niaz A Shah
Publisher: Routledge
ISBN: 1136824677
Size: 20.59 MB
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Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.

Armed Drones And Globalization In The Asymmetric War On Terror

Author: Fred Aja Agwu
Publisher: Routledge
ISBN: 1351342576
Size: 59.39 MB
Format: PDF
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This book is a critical exploration of the war on terror from the prism of armed drones and globalization. It is particularly focused on the United States’ use of the drones, and the systemic dysfunctions that globalization has caused to international political economy and national security, creating backlash in which the desirability of globalization is not only increasingly questioned, but the resultant dissension about its desirability appears increasingly militating against the international consensus needed to fight the war on terror. To underline the controversial nature of the "war on terror" and the pragmatic weapon (armed drones) fashioned for its prosecution, some of the elements of this controversy have been interrogated in this book. They include, amongst others, the doubt over whether the war should have been declared in the first place because terrorist attacks hardly meet the United Nations’ casus belli – an armed attack. There are critics, as highlighted in this book, who believe that the "war on terror" is not an armed conflict properly so called, and, thus, remains only a "law enforcement issue." The United States and all the states taking part in the war on terror are obligated to observe International Humanitarian Law (IHL). It is within this context of IHL that this book appraises the drone as a weapon of engagement, discussing such issues as "personality" and "signature" strikes as well as the implications of the deployment of spies as drone strikers rather than the Defence Department, the members of the U.S armed forces. This book will be of value to researchers, academics, policymakers, professionals, and students in the fields of security studies, terrorism, the law of armed conflict, international humanitarian law, and international politics.

International Law And Drone Strikes In Pakistan

Author: Sikander Ahmed Shah
Publisher: Routledge
ISBN: 1134074344
Size: 47.57 MB
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While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and political issues surrounding the use of drones in Pakistan. Drawing from international treaty law, customary international law, and statistical data on the impact of the strikes, Sikander Ahmed Shah asks whether drone strikes by the United States in Pakistan are in compliance with international humanitarian law. The book questions how international law views the giving of consent between States for military action, and explores what this means for the interaction between sovereignty and consent. The book goes on to look at the socio-political realities of drone strikes in Pakistan, scrutinizing the impact of drone strikes on both Pakistani politics and US-Pakistan relationships. Topics include the Pakistan army-government relationship, the evolution of international institutions as a result of drone strikes, and the geopolitical dynamics affecting the region. As a detailed and critical examination of the legal and political challenges presented by drone strikes, this book will be essential to scholars and students of the law of armed conflict, security studies, political science and international relations.

The Ashgate Research Companion To Islamic Law

Author: Peri Bearman
Publisher: Routledge
ISBN: 1317043065
Size: 17.95 MB
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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

The Ashgate Research Companion To Military Ethics

Author: James Turner Johnson
Publisher: Routledge
ISBN: 1317042603
Size: 23.18 MB
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This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume.

Ethics And The Use Of Force

Author: James Turner Johnson
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409418573
Size: 35.71 MB
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This book explores how and why just war tradition coalesced and how it has developed. By highlighting the just war tradition in historical perspective, this valuable study looks at contemporary implications drawn out in the context of important contemporary debates.

Armed Conflict Survey 2018

Author: International Institute for Strategic Studies
Publisher: Routledge
ISBN: 9781857439564
Size: 10.53 MB
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The Armed Conflict Survey provides in-depth analysis of the political, military and humanitarian dimensions of all major armed conflicts, as well as data on fatalities, refugees and internally displaced persons. Compiled by the IISS, publisher of The Military Balance, it is the standard reference work on contemporary conflict. The book assesses key developments in 36 high-, medium- and low-intensity conflicts, including those in Iraq, Syria, Afghanistan, South Sudan, Israel-Palestine, Southern Thailand, Colombia and Ukraine. The Armed Conflict Survey features essays by some of the world's leading experts on armed conflict, including Mats Berdal, Elisabeth Jean Wood, Julia Bleckner, Nelly Lahoud, William Reno and Carrie Manning. They write on: - UN peacekeeping; - conflict-related sexual violence; - the Islamic State's shifting narrative; - the changing foundations of governance by armed groups; and - rebel-to-party transitions. The authors' discussion of principal thematic and cross-national trends complements the detailed analysis of each conflict at the core of the book. The Armed Conflict Survey also includes maps, infographics and multi-year data, as well as the IISS Chart of Conflict.

Armed Conflict Survey 2017

Author: The International The International Institute of Strategic Studies (IISS)
Publisher:
ISBN: 9781857439144
Size: 28.65 MB
Format: PDF, Kindle
View: 6318
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The Armed Conflict Survey provides in-depth analysis of the political, military and humanitarian dimensions of all major armed conflicts, as well as data on fatalities, refugees and internally displaced persons. Compiled by the IISS, publisher of The Military Balance, it is the standard reference work on contemporary conflict. The book assesses key developments in 36 high-, medium- and low-intensity conflicts, including those in Iraq, Syria, Afghanistan, South Sudan, Israel�Palestine, Southern Thailand, Colombia and Ukraine. The Armed Conflict Survey features essays by some of the world�s leading experts on armed conflict, including Mats Berdal, Elisabeth Jean Wood, Julia Bleckner, Nelly Lahoud, William Reno and Carrie Manning. They write on: � UN peacekeeping; � conflict-related sexual violence; � the Islamic State�s shifting narrative; � the changing foundations of governance by armed groups; and � rebel-to-party transitions. The authors� discussion of principal thematic and cross-national trends complements the detailed analysis of each conflict at the core of the book. The Armed Conflict Survey also includes maps, infographics and multi-year data, as well as the IISS Chart of Conflict.

War At The Top Of The World

Author: Eric S. Margolis
Publisher: Taylor & Francis
ISBN: 9780415934688
Size: 18.86 MB
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Examines the complex geopolitics that have made the Khyber Pass and the Karakoram and Himalayan ranges the center of long-term conflicts and the source of tension between India and China.