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Introduction

Karma Nabulsi

in Traditions of War: Occupation, Resistance and The Law

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.003.0001
Subject:
Political Science, International Relations and Politics

This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the ... More


Combatant Status and Prisoner of War Protections

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the nature of POW and combatant status, exploring the origins and historical evolution of combatant/POW status. The chapter looks at what combatant/POW status comprises, that ... More


Status of Individuals and the Regulation of Force

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter delves into the content of the rules applicable to extraterritorial armed conflicts against non-state actors. Detailed attention is given to the status of individuals under international ... More


International Society and America's War on Terrorism

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0007
Subject:
Political Science, International Relations and Politics

The evidence presented in previous chapters contributes to the general argument that the US defends the idea of a society of states because it is in the kind of society that America can preserve a ... More


The Conceptualization of War and the Value of Political Traditions

Karma Nabulsi

in Traditions of War: Occupation, Resistance and The Law

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.003.0004
Subject:
Political Science, International Relations and Politics

This is the third of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed, and ... More


The Enigma of the Middle Way: Grotius and the Grotian Tradition on War

Karma Nabulsi

in Traditions of War: Occupation, Resistance and The Law

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.003.0006
Subject:
Political Science, International Relations and Politics

This is the second of three chapters on the three traditions of war, and introduces the Groatian tradition, which is viewed as the most dominant and powerful of the traditions presented, and had as ... More


Conclusion

Karma Nabulsi

in Traditions of War: Occupation, Resistance and The Law

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.003.0008
Subject:
Political Science, International Relations and Politics

By the end of the Geneva negotiations in 1949, significant progress had been made in the codification of the laws of war, although the question of the legal distinction between lawful and unlawful ... More


The Modern Laws of War from 1874 to 1949

Karma Nabulsi

in Traditions of War: Occupation, Resistance and The Law

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.003.0002
Subject:
Political Science, International Relations and Politics

This is the first of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed: ... More


Occupying Armies and Civilian Populations in Nineteenth‐Century Europe

Karma Nabulsi

in Traditions of War: Occupation, Resistance and The Law

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.003.0003
Subject:
Political Science, International Relations and Politics

This is the second of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed: ... More


Prosecuting Terrorist Suspects after 9/11

Ralph Jason

in America's War on Terror: The State of the 9/11 Exception from Bush to Obama

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199652358
eISBN:
9780191745515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652358.003.0003
Subject:
Political Science, International Relations and Politics

This chapter focuses on the use of military commissions to prosecute terrorist suspects. This is interpreted as an extension of the Bush administration’s focus on prevention and a concern that ... More


Irregular Fighters in the Twenty-First Century: Between ‘Unlawful Combatants’ and ‘Rebel’ Auxiliaries

Sibylle Scheipers

in Unlawful Combatants: A Genealogy of the Irregular Fighter

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199646111
eISBN:
9780191756160
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646111.003.0006
Subject:
Political Science, International Relations and Politics

This chapter addresses the emergence of the irregular as the ‘unlawful combatant’ in the framework of the so-called war on terror. In spite of the ubiquitous assertion by the Bush administration that ... More


Traditions of War: Occupation, Resistance and The Law

Karma Nabulsi

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294078
eISBN:
9780191599972
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198294077.001.0001
Subject:
Political Science, International Relations and Politics

This book examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules that sought to regulate the ... More


War Crimes

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0010
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the tribunals' war-crimes jurisprudence. Section 1 explores when the Hague and Geneva Conventions applied, how the tribunals defined ‘occupation’, and whether the applicability ... More


For

Tamar Meisels

in Debating Targeted Killing: Counter-Terrorism or Extrajudicial Execution?

Published in print:
2020
Published Online:
June 2020
ISBN:
9780190906917
eISBN:
9780190906955
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190906917.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter opens the debate with Meisels’ defense of targeted killing as a legitimate and desirable defensive anti-terrorism strategy, in keeping with both just war theory and international law. ... More


Signaling in Judgments

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses another specific communication technique used by the Court—signaling. Signaling is how the Court expresses its position on the constitutionality of a certain law or policy ... More


Promoting international law

Peter Weiss

in Terrorism and Public Health: A balanced approach to strengthening systems and protecting people

Published in print:
2007
Published Online:
September 2009
ISBN:
9780195325256
eISBN:
9780199864409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195325256.003.0019
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter discusses the promotion of international law as a means of addressing terrorism. It describes responses of the U.S. government to the 9/11 attacks and how these responses have often been ... More


Guantánamo: Microcosm of a Prison beyond the Law

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter examines how the U.S. war on terrorism took shape at Guantánamo Bay and how Guantánamo came to signify a prison beyond the law, pervaded by illegal detention, abuse, and secrecy. It ... More


Conclusion

Sibylle Scheipers

in Unlawful Combatants: A Genealogy of the Irregular Fighter

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199646111
eISBN:
9780191756160
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646111.003.0007
Subject:
Political Science, International Relations and Politics

The Conclusion summarizes the main arguments of the book and highlights their implications for two sets of issues: the question whether the law of armed conflict is outdated, as has been frequently ... More


Unlawful Combatants: A Genealogy of the Irregular Fighter

Sibylle Scheipers

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199646111
eISBN:
9780191756160
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646111.001.0001
Subject:
Political Science, International Relations and Politics

The status of irregular fighters is one of the most contentious issues in contemporary armed conflicts. This book investigates how the dichotomy between the irregular and the regular evolved in the ... More


2 Guantánamo: Microcosm of a Prison beyond the Law

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter examines how the U.S. war on terrorism took shape at Guantánamo Bay and how Guantánamo came to signify a prison beyond the law, pervaded by illegal detention, abuse, and secrecy. It ... More


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