Author: Kenneth Watkin
Publisher: Oxford University Press
Release Date: 2016-04-21
Genre: Aggression (International law)
The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundaries can lead to a formal and often rigid application of the law that does not adequately address contemporary security challenges. Fighting at the Legal Boundaries offers a holistic approach towards the application of the various constitutive parts of international law. The author focuses on the interaction between the applicable bodies of law by exploring whether their boundaries are improperly drawn, or are being interpreted in too rigid a fashion. Emphasis is placed on the disconnect that can occur between theory and practice regarding how these legal regimes are applied and interact with one another. Through a number of case studies, Fighting at the Legal Boundaries explores how the threat posed by insurgents, terrorists, and transnational criminal gangs often occurs not only at the point where these bodies of law interact, but also in situations where there is significant overlap. In this regard, the exercise of the longstanding right of States to defend nationals, including the conduct of operations such as hostage rescue, can involve the application of human rights based law enforcement norms to counter threats transcending the conflict spectrum. This book has five parts: Part I sets out the security, legal, and operational challenges of contemporary conflict. Part II focuses on the interaction between the jus ad bellum, humanitarian law and human rights, including an analysis of the historical influences that shaped their application as separate bodies of law. Emphasis is placed on the influence the proper authority principle has had in the human rights based approach being favored when dealing with "criminal" non-State actors during both international and non-international armed conflict. Part III analyzes the threats of insurgency and terrorism, and the state response. This includes exploring their link to criminal activity and the phenomenon of transnational criminal organizations. Part IV addresses the conduct of operations against non-State actors that span the conflict spectrum from inter-state warfare to international law enforcement. Lastly, Part V looks at the way ahead and discusses the approaches that can be applied to address the evolving, diverse and unique security threats facing the international community.
Author: Laura Anne Dickinson
Publisher: Yale University Press
Release Date: 2011
Genre: Business & Economics
This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --
This book provides a comprehensive yet concise overview of key issues related to the regulation of armed hostilities between States, and between States and non-State groups. Coverage begins with an explanation of the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and accountability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. The book is an ideal text for students studying international humanitarian law for the first time, as well as an excellent introduction for students and practitioners of public international law and international relations.
Author: Jens David Ohlin
Publisher: Oxford University Press
Release Date: 2016-09-08
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
Author: Katharine Fortin
Publisher: Oxford University Press
Release Date: 2017-08-10
Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
Author: Stephen Joseph
Publisher: Piatkus Entice
Release Date: 2016-09-01
Genre: Body, Mind & Spirit
The hunger for authenticity guides us throughout our lives. People strive for joined-up living, where on the one hand what they say and do reflects what they think and feel, and on the other what they think and feel reflects who they are. Stephen Joseph has pioneered developments in research into authenticity, drawing on the solid science of positive psychology to develop what has become one of the gold-standard tests for assessing authenticity. His and others' findings reveal that when people are in relationships in which they feel accepted, understood and valued, they drop their defences. They naturally begin to examine themselves psychologically, accommodate new information and live more authentically. What's more, the latest studies reveal that it is authenticity that leads to true happiness. In Authentic, Stephen Joseph presents his fresh and inspiring perspective on the psychology of authenticity alongside practical advice and exercises for the reader. Drawing on the wisdom of existential philosophers, the insights and research of psychologists, and case studies from his own and others' clinical experiences, he shows how authenticity is the foundation of human flourishing - as well as how the ideas relate to debates about the importance of happiness.
Author: David Armitage
Publisher: Yale University Press
Release Date: 2017-02-07
Genre: Civil war
A highly original history of the least understood and most intractable form of organised human aggression, from ancient Rome to our present conflict-ridden world We think we know civil war when we see it. Yet ideas of what it is, and isn't, have a long and contested history. Defining the term is acutely political, for ideas about what makes a war "civil" often depend on whether one is ruler or rebel, victor or vanquished, sufferer or outsider; it can also shape a conflict's outcome, determining whether external powers are involved or stand aside. From the American Revolution to the Iraq war, pivotal decisions have hung on such shifts of perspective. The West's age of civil war may be over, but elsewhere it has exploded - from the Balkans to Rwanda, Burundi, Somalia, Sri Lanka and, most recently, Syria. And the language of civil war has burgeoned as democratic politics has become more violently fought. This book's unique perspective on the roots, dynamics and shaping force of civil war will be essential to our ongoing struggles with this seemingly interminable problem.
Author: Larry J. Woods
Publisher: DIANE Publishing
Release Date: 2010-01
Analyzes the massive turmoil afflicting the nation of Sierra Leone, 1995-2002, and the efforts of outside forces to bring stability to that small country. The taxonomy of intervention ranged from private mercenary armies, through the Economic Community of West African States, to the U.N. and the U.K. In every case, those who intervened encountered a common set of difficulties that had to be overcome. Unsurprisingly, they also discovered challenges unique to their own org. and political circumstances. Serving soldiers can often profit vicariously from the mistakes of others as recounted in detailed case studies of historical events. ¿A cautionary tale that political leaders and military planners contemplating intervention in Africa ignore at their peril.¿
'...effectively fills a long-standing void and will no doubt be hailed as a much-needed new addition to the literature... This text very much exemplifies the strength of Ho-Won Jeong as a theorist and one of the more prolific writers in the larger peace and conflict studies field... the final three chapters on 'De-escalation Dynamics' (which includes a brief section on third party intervention), on 'Conciliation Strategies,' and especially the one on 'Ending Conflict,' which provides a range of outcomes beyond the usual focus on third party intervention (read mediation) epitomizes the value of this new text' - Journal of Peace Research '...an awesome tour d'horizon of modern war, violence, and confrontation within and between nations. Illustrating via just about every conflict in every corner of the world, the author invokes an endless array of insights and interpretations, ranging from the micro to the macro, beautifully written in a seamless sequence of closely linked and discursive essays.' - Professor J. David Singer, University of Michigan 'Ho-Won Jeong has written an illuminatinbg analysis of the dynamics of conflict. He lays out the tools we have to analyze conflict in a literate and comprehensive way. A valuable book for anyone interested in a more comprehensive understanding of conflict, its sources, and its deescalation and termination' - Janice Gross Stein, Belzberg Professor of Conflict Management, Director, Munk Centre for International Studies, University of Toronto 'Jeong has successfully combined behavioral and structural analysis of the dynamics of social conflict. This volume covers the multiple dimensions - escalation, entrapment, de-escalation, termination, and resolution - both of violent and non-violent confrontation between adversaries, as well as the utility and limitations of external intervention. For students of the social sciences, it should serve as an excellent introduction to the complex realities of social conflict.' - Milton Esman, John S. Knight Professor of International Studies, Emeritus, Cornell University By examining the dynamic forces which shape and re-shape major conflicts, this timely book provides students with the knowledge base needed to successfully study conflict sources, processes and transformations. Broad in focus, it addresses the multiple social, political and psychological features central to understanding conflict situations and behaviour. A range of both recent and historical examples (including the Arab-Israeli conflict, the 'War on Terrorism', the Cold War, and the civil wars in Sudan, former Yugoslavia and Sri Lanka) are discussed, illustrating the application of concepts and theories essential to the analysis of inter-group, inter-state and intra-state conflict and conflict resolution in a wider context. Understanding Conflict and Conflict Analysis is key reading for students of international relations, peace and conflict studies, conflict resolution, international security and international law.
Author: Adil Ahmad Haque
Publisher: Oxford University Press
Release Date: 2017-01-26
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.
Author: Elizabeth Mrema
Release Date: 2009
This report inventories and analyses the range of international laws that protect the environment during armed conflict. With a view to identifying the current gaps and weaknesses in this system, the authors examine the relevant provisions within four bodies of international law - environmental humanitarian (IHL), international criminal law (ICL), international environmental law (IEL), and international human rights law (HRL). The report concludes with twelve concrete recommendations on ways to strengthen this legal framework and its enforcement. The Environment and Natural Resources are crucial for building and consolidating peace, it is urgent that their protection in times of armed conflict be strengthened. There can be no durable peace if the natural resources that sustain livelihoods are damaged or destroyed. This report provides a basis upon which Member States can draw upon to clarify, expand and enforce international law on environmental protection in times of war.
Author: Institute of Medicine
Publisher: National Academies Press
Release Date: 2009-09-16
Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.