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The Paradigm of Hostilities

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins by introducing the concepts of ‘armed conflict’, ‘hostilities’, and ‘military necessity’, each of which is intrinsically linked to the paradigm of hostilities. It then identifies ... More


Norms in Tension: Military Necessity, Proportionality, and Double Effect

Neta C. Crawford

in Accountability for Killing: Moral Responsibility for Collateral Damage in America's Post-9/11 Wars

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199981724
eISBN:
9780199369942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981724.003.0004
Subject:
Political Science, International Relations and Politics, American Politics

Military Necessity, Proportionality, and Double Effect: This chapter explores the system of normative beliefs and international law — including the Geneva Conventions and the Additional Protocols — ... More


Permissibility of Targeted Killing as a Method of Conducting Hostilities

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0014
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines as to what extent the resort to targeted killings can be regarded as permissible under each of the conditions and modalities that govern the use of lethal force under the ... More


Military Necessity and Lincoln’s Concept of the War

Burrus M. Carnahan

in Act of Justice: Lincoln's Emancipation Proclamation and the Law of War

Published in print:
2007
Published Online:
September 2011
ISBN:
9780813124636
eISBN:
9780813134871
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813124636.003.0008
Subject:
History, American History: Civil War

This chapter discusses Lincoln's use of the emancipation weapon and the restrained response of the South to the First Confiscation Act, which was mentioned in the previous chapter. It also highlights ... More


Military Government Doctrine, Training, and Organization, 1940–1941

Walter M. Hudson

in Army Diplomacy: American Military Occupation and Foreign Policy after World War II

Published in print:
2015
Published Online:
September 2015
ISBN:
9780813160979
eISBN:
9780813165448
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813160979.003.0002
Subject:
History, Military History

Chapter 2 establishes how formal US Army doctrine influenced eventual planning for and implementation of US military government. Most notably, the publication of US Army doctrine, primarily in the ... More


Accountability for Killing: Moral Responsibility for Collateral Damage in America's Post-9/11 Wars

Neta Crawford

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199981724
eISBN:
9780199369942
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981724.001.0001
Subject:
Political Science, International Relations and Politics, American Politics

United States officials argued during America’s post-9-/11 wars that the US took every precaution to prevent unintended civilian death and injury — known as collateral damage — due to US military ... More


The Foundations of Necessity in IHL

Jens David Ohlin and Larry May

in Necessity in International Law

Published in print:
2016
Published Online:
September 2016
ISBN:
9780190622930
eISBN:
9780190622961
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190622930.003.0005
Subject:
Law, Public International Law, Philosophy of Law

This chapter extends the analysis of the previous chapter but shifts from philosophical inquiry to legal analysis. The goal is to determine how much of our philosophical understanding of necessity ... More


Army Diplomacy: American Military Occupation and Foreign Policy after World War II

Walter M. Hudson

Published in print:
2015
Published Online:
September 2015
ISBN:
9780813160979
eISBN:
9780813165448
Item type:
book
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813160979.001.0001
Subject:
History, Military History

Army Diplomacy demonstrates how, in the immediate aftermath of World War II, the United States Army became the principal agent of American foreign policy. The army designed, implemented, and ... More


The Dispensable Lives of Soldiers

Gabriella Blum

in Weighing Lives in War

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198796176
eISBN:
9780191837272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796176.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter challenges the status-based distinction of the laws of war, calling instead for revised targeting doctrines that would place further limits on the killing of enemy soldiers. The chapter ... More


Limiting the Killing in War: Military Necessity and the St Petersburg Assumption*

Janina Dill and Henry Shue

in Fighting Hurt: Rule and Exception in Torture and War

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198767626
eISBN:
9780191821486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198767626.003.0022
Subject:
Political Science, International Relations and Politics

Our critical thesis is that although Jeff McMahan is critical of Michael Walzer, they both mistakenly adopt the same crucial presupposition, namely that the form of laws of war must be explained by ... More


The Proclamation as a Weapon of War

Burrus M. Carnahan

in Act of Justice: Lincoln's Emancipation Proclamation and the Law of War

Published in print:
2007
Published Online:
September 2011
ISBN:
9780813124636
eISBN:
9780813134871
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813124636.003.0009
Subject:
History, American History: Civil War

This chapter discusses the final form of the Emancipation Proclamation, which was based on two of the belligerent rights of the government under the law of war. It relied on the right to seize and ... More


The Habeas Corpus Cases: Internment on Trial

Harry N. Scheiber and Jane L. Scheiber

in Bayonets in Paradise: Martial Law in Hawai'i during World War II

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824852887
eISBN:
9780824868727
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824852887.003.0014
Subject:
Society and Culture, Pacific Studies

A series of challenges in the courts sought to invalidate the Army’s suspension of the privilege of the writ of habeas corpus. Initially, in the federal district court in Hawai`i, Judge Delbert ... More


New Habeas Cases: The Provost Courts on Trial

Harry N. Scheiber and Jane L. Scheiber

in Bayonets in Paradise: Martial Law in Hawai'i during World War II

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824852887
eISBN:
9780824868727
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824852887.003.0015
Subject:
Society and Culture, Pacific Studies

The next phase of the legal challenge was initiated by three prisoners who were not internees but had been convicted for ordinary crimes by the provost courts. The most celebrated of all the Hawai`i ... More


Proportionality

Adil Ahmad Haque

in Law and Morality at War

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199687398
eISBN:
9780191767180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687398.003.0008
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter provides a new account of jus in bello proportionality. An attack that inflicts incidental harm on civilians is objectively proportionate only if it prevents opposing forces from ... More


Military Professionalism and Humanitarian Law: The Struggle to Reduce the Hazards of War

Yishai Beer

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190881146
eISBN:
9780190881177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190881146.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two ... More


Necessity in Human Rights Law and IHL

Jens David Ohlin and Larry May

in Necessity in International Law

Published in print:
2016
Published Online:
September 2016
ISBN:
9780190622930
eISBN:
9780190622961
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190622930.003.0006
Subject:
Law, Public International Law, Philosophy of Law

This chapter contrasts jus in bello necessity with necessity as the concept is used in human rights thinking. The task here is to explain what is distinctive about jus in bello necessity and to ... More


Autonomous Weapons and Moral Responsibility

Seumas Miller

in Shooting to Kill: The Ethics of Police and Military Use of Lethal Force

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190626136
eISBN:
9780190626174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190626136.003.0011
Subject:
Philosophy, Moral Philosophy

In this chapter the question addressed is whether autonomous robotic weapons necessarily compromise the moral responsibility of human combatants and their leaders. In order to answer this question, a ... More


Military Use of Lethal Force

Seumas Miller

in Shooting to Kill: The Ethics of Police and Military Use of Lethal Force

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190626136
eISBN:
9780190626174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190626136.003.0007
Subject:
Philosophy, Moral Philosophy

In this chapter, just war theory is outlined, including jus ad bellum and jus in bello, and a version provided that accommodates wars fought by and against nonstate actors (e.g., terrorist groups). ... More


East by South-East: The Military Cases

Kim Christian Priemel

in The Betrayal: The Nuremberg Trials and German Divergence

Published in print:
2016
Published Online:
October 2016
ISBN:
9780199669752
eISBN:
9780191801020
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669752.003.0008
Subject:
History, World Modern History, Cultural History

This chapter tackles those trials which dealt with the rules of war. The High Command and the Hostages cases, but also the Manstein trial, faced the problem that warfare was in flux and that two ... More


The 1944 <i>Korematsu</i> Supreme Court Decision

Eric K. Yamamoto

in In the Shadow of Korematsu: Democratic Liberties and National Security

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190878955
eISBN:
9780190878986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190878955.003.0003
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter unravels the World War II majority and dissenting opinions in Korematsu v. United States, describing the recited factual foundations of the Court’s ruling (along with the dissenters’ ... More


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