William Banks (ed.)
- Published in print:
- 2011
- Published Online:
- November 2015
- ISBN:
- 9780231152358
- eISBN:
- 9780231526562
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231152358.001.0001
- Subject:
- Political Science, Political Economy
This book argues that changing patterns of global armed conflicts are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of ...
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This book argues that changing patterns of global armed conflicts are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical warfare fought between disparate military forces, this book analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. The text explains that gaps in the laws of war leave modern battlefields largely unregulated, and the fear is that state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this book juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity.Less
This book argues that changing patterns of global armed conflicts are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical warfare fought between disparate military forces, this book analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. The text explains that gaps in the laws of war leave modern battlefields largely unregulated, and the fear is that state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this book juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity.
Pablo Kalmanovitz
- Published in print:
- 2020
- Published Online:
- October 2020
- ISBN:
- 9780198790259
- eISBN:
- 9780191831577
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198790259.003.0005
- Subject:
- Law, Legal History
Chapter 4 looks at the doctrines of ius in bello and ius post bellum in the Enlightenment theory of regular war. It argues that the laws of regular war and its conclusion embody maxims of sound ...
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Chapter 4 looks at the doctrines of ius in bello and ius post bellum in the Enlightenment theory of regular war. It argues that the laws of regular war and its conclusion embody maxims of sound policy in the public administration of a war’s destruction. The laws of war are underwritten by the assumption that states share an interest in setting reciprocal limitations on their use of force. But while the rules of regular war can be upheld in self-enforcing equilibria, these are always fragile and unstable. The chapter proceeds by looking at several specific areas in the practice of regular warfare and identifying the strategic logic behind the law and its possible breakdowns. The task of the Enlightenment jurists, as they understood it, was to help rulers and military men better see that it was in their best long-term interests to sustain and comply with the laws of war.Less
Chapter 4 looks at the doctrines of ius in bello and ius post bellum in the Enlightenment theory of regular war. It argues that the laws of regular war and its conclusion embody maxims of sound policy in the public administration of a war’s destruction. The laws of war are underwritten by the assumption that states share an interest in setting reciprocal limitations on their use of force. But while the rules of regular war can be upheld in self-enforcing equilibria, these are always fragile and unstable. The chapter proceeds by looking at several specific areas in the practice of regular warfare and identifying the strategic logic behind the law and its possible breakdowns. The task of the Enlightenment jurists, as they understood it, was to help rulers and military men better see that it was in their best long-term interests to sustain and comply with the laws of war.
Kubo Mačák
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198819868
- eISBN:
- 9780191860126
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198819868.003.0007
- Subject:
- Law, Public International Law
This chapter analyses whether and in which situations fighters engaged in internationalized armed conflicts may qualify for combatant status in practice. The chapter puts forward a three-pronged ...
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This chapter analyses whether and in which situations fighters engaged in internationalized armed conflicts may qualify for combatant status in practice. The chapter puts forward a three-pronged approach dependent on the applicable legal framework and the nature of the armed forces of the conflict party in question. Firstly, the relevant criteria are the most lenient for members of regular armed forces in internationalized conflicts governed only by Geneva Convention III. Secondly, members of irregular armed forces in those same conflicts must meet additional criteria stipulated by that Convention. Thirdly, fighters in conflicts to which Additional Protocol I applies as well must comply with its requirements, some of which may be more onerous than the corresponding criteria of Geneva Convention III. Overall, the chapter demonstrates that it is not only theoretically plausible, but also practically feasible for fighters engaged in internationalized armed conflicts to actually qualify for combatant status.Less
This chapter analyses whether and in which situations fighters engaged in internationalized armed conflicts may qualify for combatant status in practice. The chapter puts forward a three-pronged approach dependent on the applicable legal framework and the nature of the armed forces of the conflict party in question. Firstly, the relevant criteria are the most lenient for members of regular armed forces in internationalized conflicts governed only by Geneva Convention III. Secondly, members of irregular armed forces in those same conflicts must meet additional criteria stipulated by that Convention. Thirdly, fighters in conflicts to which Additional Protocol I applies as well must comply with its requirements, some of which may be more onerous than the corresponding criteria of Geneva Convention III. Overall, the chapter demonstrates that it is not only theoretically plausible, but also practically feasible for fighters engaged in internationalized armed conflicts to actually qualify for combatant status.
Mara Kozelsky
- Published in print:
- 2018
- Published Online:
- November 2018
- ISBN:
- 9780190644710
- eISBN:
- 9780190644741
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190644710.003.0004
- Subject:
- History, European Modern History, Military History
Chapter 3 addresses the month-long Allied march from Evpatoria on Crimea’s western shore toward Sevastopol, and includes the Battle of Alma. Chaos followed upon the heels of the enemy invasion as ...
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Chapter 3 addresses the month-long Allied march from Evpatoria on Crimea’s western shore toward Sevastopol, and includes the Battle of Alma. Chaos followed upon the heels of the enemy invasion as Commander A. S. Menshikov abandoned Evpatoria to the enemy in order to retrench around Sevastopol. Failure to address civilian needs in surrounding regions exacerbated fears of widespread Tatar mutiny. He assigned irregular Cossack forces, many of whom had been waging a war of conquest against Muslim tribes in the Caucasus, to settle order in Crimea. These Cossacks were not counted in military coffers, and so were left to extract food and supplies from local populations. Civilians protested their treatment, and a campaign of terror followed.Less
Chapter 3 addresses the month-long Allied march from Evpatoria on Crimea’s western shore toward Sevastopol, and includes the Battle of Alma. Chaos followed upon the heels of the enemy invasion as Commander A. S. Menshikov abandoned Evpatoria to the enemy in order to retrench around Sevastopol. Failure to address civilian needs in surrounding regions exacerbated fears of widespread Tatar mutiny. He assigned irregular Cossack forces, many of whom had been waging a war of conquest against Muslim tribes in the Caucasus, to settle order in Crimea. These Cossacks were not counted in military coffers, and so were left to extract food and supplies from local populations. Civilians protested their treatment, and a campaign of terror followed.
