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Weapons And The Law Of Armed Conflict

Author: William H. Boothby
Publisher: Oxford University Press
ISBN: 0198728506
Size: 48.24 MB
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The evolution of the law of weaponry -- Components of the international law of weaponry -- The use of weapons and the law of targeting -- Customary principles-superfluous injury and unnecessary suffering -- Customary principles-indiscriminate weapons -- Weapons and the environment -- Conventional Weapons Convention -- Poison, poisoned weapons, asphyxiating gases, biological and chemical weapons -- Firearms, bullets, and analogous projectiles -- The rules relating to mines, booby-traps, and other devices -- Rules relating to other specific technologies -- Nuclear weapons -- Applying weapons law to particular weapon systems -- Cluster munitions -- Weapons in sea warfare -- Unexploded and abandoned weapons -- Non-international armed conflict -- Compliance with international weapons law -- Technology, humanitarian concern, and international weapons law -- The future of weapons law

The Oxford Handbook Of International Law In Armed Conflict

Author: Andrew Clapham
Publisher: Oxford University Press
ISBN: 0199559694
Size: 72.41 MB
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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.

Rape Loot Pillage

Author: Sara Meger
Publisher: Oxford University Press
ISBN: 019027767X
Size: 39.27 MB
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Rape and other forms of sexual violence have always been a feature of war. Yet it is only fairly recently that researchers have identified rape as a deliberate tool of war-making rather than simply an inevitable side effect of armed conflict. Much of the emerging literature has suggested that the underlying causes of rape stem from a single motivation-whether individual, symbolic, or strategic-leading to disagreement in the field about how we can understand and respond to the causes and consequences of sexual violence in war. In Rape Loot Pillage, Sara Meger argues that sexual violence is a form of gender-based political violence (perpetrated against both men and women) and a manifestation of unequal gender relations that are exacerbated by the social, political, and economic conditions of war. She looks at trends in the form and function of sexual violence in recent and ongoing conflicts to contend that, in different contexts, sexual violence takes different forms and is used in pursuit of different objectives. For this reason, no single framework for addressing conflict-related sexual violence will be sufficient. Taking a political economy perspective, Meger maintains that these variations can be explained by broader struggles over territory, assets, and other productive resources that motivate contemporary armed conflicts. Sexual violence is a reflection of global political economic struggles, and can't be addressed only at the local level-it must be addressed through regional and international policy. She concludes by providing some initial ideas about how this can be done via the UN and national governments.

Lawfare

Author: Orde F. Kittrie
Publisher: Oxford University Press
ISBN: 0190263571
Size: 65.74 MB
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"International military interventions can be extremely costly in terms of monetary resources, logistical challenges, and possible soldier and civilian casualties, as well as the potential for catastrophic results to international relations and agreements. In one such example of these enormous potential costs, the US and UK wished to stop a Russian ship from delivering ammunition to the Assad regime in Syria in 2012. Intercepting or confronting a Russian ship in transit could have erupted into open conflict, so they sought an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical strategic platform. In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood. With international security becoming an ever complicated minefield of concerns and complications, understanding this alternative to armed force has never been more important"--

Law And Morality At War

Author: Adil Ahmad Haque
Publisher: Oxford University Press
ISBN: 0199687390
Size: 24.76 MB
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The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? Howcertain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians becomeunlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge internationaldebate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status ofcivilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excusetheir wrongful actions.

International Law Concerning Child Civilians In Armed Conflict

Author: Jenny Kuper
Publisher: Oxford University Press
ISBN: 9780198264859
Size: 49.23 MB
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Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, or observed. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference to recent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large body of law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.

The Law Of Targeting

Author: William H. Boothby
Publisher: OUP Oxford
ISBN: 019163994X
Size: 48.49 MB
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Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy. The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.

The Handbook Of The International Law Of Military Operations

Author: Terry D. Gill
Publisher: Oxford University Press
ISBN: 0198744625
Size: 26.82 MB
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The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defense and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analyzed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.

The Manual Of The Law Of Armed Conflict

Author: UK Ministry of Defence,
Publisher: OUP Oxford
ISBN: 9780199287284
Size: 15.76 MB
Format: PDF
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This book is the first comprehensive manual on the law of armed conflict prepared by a team of expert scholars and practitioners working for and with the UK Ministry of Defence. It covers all aspects of the law of armed conflict as applied today, including means and methods of warfare, the treatment of civilians and other non-combatants - including prisoners of war - and the conduct of operations in all three environments: land, sea and air. It also includes discussion of some of the key elements of relevance in the modern strategic environment not least the legal aspects of internal armed conflict and the application of the law during peace support operations.

U S Military Operations

Author: Shane R. Reeve
Publisher: Oxford University Press
ISBN: 0190456639
Size: 14.67 MB
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In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.