The Laws of War

Author: Michael Howard
Publisher: Yale University Press
ISBN: 0300070624
Release Date: 1997-02
Genre: History

This book explores not only the formal constraints on the conduct of war throughout Western history but also the unwritten conventions about what is permissible in the course of military operations. Ranging from classical antiquity to the present, eminent historians discuss the legal and cultural regulation of violence in such areas as belligerent rights, the treatment of prisoners and civilians, the observing of truces and immunities, the use of particular weapons, siege warfare, codes of honor, and war crimes. The book begins with a general overview of the subject by Michael Howard. The contributors then discuss the formal and informal constraints on conducting war as they existed in classical antiquity, the age of chivalry, early modern Europe, colonial America, and the age of Napoleon. They also examine how these constraints have been applied to wars at sea, on land, and in the air, planning for nuclear war, and national liberation struggles, in which one of the participants is not an organized state. The book concludes with reflections by Paul Kennedy and George Andreopoulos on the main challenges facing the quest for humanitarian norms in warfare in the future.

The Jeune cole

Author: Arne Roksund
Publisher: BRILL
ISBN: 9789004157231
Release Date: 2007
Genre: History

The jeune ecole represents a school of maritime strategy dealing with the dilemmas of the weaker power. This book presents a new interpretation of the jeune ecole based on hitherto unexploited unpublished primary sources.

The Law of Armed Conflict

Author: Howard M. Hensel
Publisher: Routledge
ISBN: 9781351886994
Release Date: 2017-09-29
Genre: Law

Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.

Rethinking International Law and Justice

Author: Charles Sampford
Publisher: Routledge
ISBN: 9781317064114
Release Date: 2016-04-08
Genre: Law

General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

POWs and the Great War

Author: Alon Rachamimov
Publisher: Berg
ISBN: 9781845206321
Release Date: 2014-03-04
Genre: History

Joint Winner of Fraenkel Prize for Contemporary History 2001, London. Winner of Talmon Prize, Israel, awarded by the Israeli Academy of Sciences. Although it was one of the most common experiences of combatants in World War I, captivity has received only a marginal place in the collective memory of the Great War and has seemed unimportant compared with the experiences of soldiers on the Western Front. Yet this book, focusing on POWs on the Eastern Front, reveals a different picture of the War and the human misery it produced. During four years of fighting, approximately 8.5 million soldiers were taken captive, of whom nearly 2.8 million were Austro-Hungarians. This book is the first to consider in-depth the experiences of these prisoners during their period of incarceration. How were POWs treated in Russia? What was the relationship between prisoners and their home state? How were concepts of patriotism and loyalty employed and understood? Drawing extensively on original letters and diaries, Rachamimov answers these and other searching questions. In the process, major omissions in previous historiography are addressed. Anyone wishing to have a rounded history of the Great War will find this book fills a major gap.

Medieval Warfare

Author: Everett U. Crosby
Publisher: Routledge
ISBN: 9781135576257
Release Date: 2000-08-14
Genre: Literary Criticism

Hono sapiens, homo pugnans, and so it has been since the beginning of recorded history. In the Middle Ages, especially, armed conflict and the military life were so much a part of the political and cultural development that a general account of this period is, in large measure, a description of how men went to war.

International Law and Child Soldiers

Author: Gus Waschefort
Publisher: Bloomsbury Publishing
ISBN: 9781782254331
Release Date: 2014-12-04
Genre: Law

This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

The Athenian Revolution

Author: Josiah Ober
Publisher: Princeton University Press
ISBN: 0691001901
Release Date: 1996
Genre: Political Science

Eleven essays on Athenian democracy written and published between 1983 and 1993. They examine a variety of different themes including the development of an ideology of democracy, and how it worked in practice; the Athenian Revolution of 508/7 BC; the rules of war in Classical Greece; Thuycidides, Pericles, and the strategy of defence; power and oratory in democratic Athens; the Polis as a society.

Human Rights in Armed Conflict

Author: Gerd Oberleitner
Publisher: Cambridge University Press
ISBN: 9781107087545
Release Date: 2015-03-05
Genre: Law

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

Yearbook of International Humanitarian Law 2003

Author: Timothy McCormack
Publisher: Cambridge University Press
ISBN: 906704203X
Release Date: 2006-12-31
Genre: Law

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly-topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Civilians and War in Europe 1618 1815

Author: Erica Charters
Publisher: Liverpool University Press
ISBN: 9781781388938
Release Date: 2012-03-12
Genre: History

Civilians and War in Europe 1618-1815 examines the relationship between civilians and warfare from the start of the Thirty Years War to the end of the Revolutionary and Napoleonic Wars. The volume interrogates received narratives of warfare that identify the development of modern 'total' war with the French Revolutionary and Napoleonic Wars, and instead considers the continuities and transformations in warfare over the course of two hundred years. The contributors examine prisoners of war, the cultures of plunder, the tensions of billeting, and war-time atrocities throughout England, France, Spain, and the German territories. They also explore the legal practices surrounding the conduct and aftermath of war; representations of civilians, soldiers, and militias; and the philosophical underpinnings of warfare. They probe what it meant to be a civilian in territories beset by invasion and civil war or in times when 'peace' at home was accompanied by almost continuous military engagement abroad. Their accounts show us civilians not only as anguished sufferers, but also directly involved with war: fighting back with shocking violence, profiting from war-time needs, and negotiating for material and social redress. And they show us individuals and societies coming to terms with the moral and political challenges posed by the business of drawing lines between 'civilians' and 'soldiers'. With contributors drawn from the fields of political and legal theory, literature and the visual arts, and military, political, social, and cultural history, this volume will appeal to all those with an interest in the history of warfare and the evolution of the idea of the civilian.

The Image before the Weapon

Author: Helen M. Kinsella
Publisher: Cornell University Press
ISBN: 080146126X
Release Date: 2011-03-31
Genre: Political Science

Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses-including gender, innocence, and civilization- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.

Navies in Northern Waters

Author: Rolf Hobson
Publisher: Routledge
ISBN: 9781135769536
Release Date: 2004-08-02
Genre: History

Navies in Northern Waters is a collection of articles covering the roles played by the secondary navies of northern European powers and the United States within the maritime balance of power. The contributions covering the 18th and 19th centuries focus on their relations with each other as they sought to create a counterweight to the dominant naval power of Britain. The inter-war years are treated from the perspectives of international disarmament efforts within the framework of collective security, and the subsequent naval rivalry in the Baltic area in the years leading up to the Second World War. For the post-1945 period, the contributions concentrate on superpower rivalry in northern waters during the Cold War, the changing aspects of security policy since the collapse of the Soviet Union and the particular challenges facing small coastal states policing extensive waters of increasing economic importance.

United Nations Reform and the New Collective Security

Author: Peter G. Danchin
Publisher: Cambridge University Press
ISBN: 9780521515436
Release Date: 2010-01-28
Genre: Law

An examination of the concept of collective security in international law and international relations from normative and institutional perspectives.