Weapons and the Law of Armed Conflict

Author: William H. Boothby
Publisher: Oxford University Press
ISBN: 9780198728504
Release Date: 2016-03-10
Genre: Humanitarian law

The evolution of the law of weaponry -- Components of the international law of weaponry -- The use of weapons and the law of targeting -- Customary principles-superfluous injury and unnecessary suffering -- Customary principles-indiscriminate weapons -- Weapons and the environment -- Conventional Weapons Convention -- Poison, poisoned weapons, asphyxiating gases, biological and chemical weapons -- Firearms, bullets, and analogous projectiles -- The rules relating to mines, booby-traps, and other devices -- Rules relating to other specific technologies -- Nuclear weapons -- Applying weapons law to particular weapon systems -- Cluster munitions -- Weapons in sea warfare -- Unexploded and abandoned weapons -- Non-international armed conflict -- Compliance with international weapons law -- Technology, humanitarian concern, and international weapons law -- The future of weapons law

Law and Morality at War

Author: Adil Ahmad Haque
Publisher: Oxford University Press
ISBN: 9780199687398
Release Date: 2017-01-26
Genre:

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.

Lawfare

Author: Orde F. Kittrie
Publisher: Oxford University Press
ISBN: 9780190263577
Release Date: 2016-01-04
Genre: Actions and defenses

"International military interventions can be extremely costly in terms of monetary resources, logistical challenges, and possible soldier and civilian casualties, as well as the potential for catastrophic results to international relations and agreements. In one such example of these enormous potential costs, the US and UK wished to stop a Russian ship from delivering ammunition to the Assad regime in Syria in 2012. Intercepting or confronting a Russian ship in transit could have erupted into open conflict, so they sought an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical strategic platform. In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood. With international security becoming an ever complicated minefield of concerns and complications, understanding this alternative to armed force has never been more important"--

Rape Loot Pillage

Author: Sara Meger
Publisher: Oxford University Press
ISBN: 9780190277673
Release Date: 2016-07-01
Genre: Social Science

Rape and other forms of sexual violence have always been a feature of war. Yet it is only fairly recently that researchers have identified rape as a deliberate tool of war-making rather than simply an inevitable side effect of armed conflict. Much of the emerging literature has suggested that the underlying causes of rape stem from a single motivation-whether individual, symbolic, or strategic-leading to disagreement in the field about how we can understand and respond to the causes and consequences of sexual violence in war. In Rape Loot Pillage, Sara Meger argues that sexual violence is a form of gender-based political violence (perpetrated against both men and women) and a manifestation of unequal gender relations that are exacerbated by the social, political, and economic conditions of war. She looks at trends in the form and function of sexual violence in recent and ongoing conflicts to contend that, in different contexts, sexual violence takes different forms and is used in pursuit of different objectives. For this reason, no single framework for addressing conflict-related sexual violence will be sufficient. Taking a political economy perspective, Meger maintains that these variations can be explained by broader struggles over territory, assets, and other productive resources that motivate contemporary armed conflicts. Sexual violence is a reflection of global political economic struggles, and can't be addressed only at the local level-it must be addressed through regional and international policy. She concludes by providing some initial ideas about how this can be done via the UN and national governments.

The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham
Publisher: Oxford University Press
ISBN: 9780199559695
Release Date: 2014-03
Genre: History

Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

Practitioners Guide to Human Rights Law in Armed Conflict

Author: Daragh Murray
Publisher: Oxford University Press
ISBN: 9780192508928
Release Date: 2016-11-17
Genre: Law

Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there remains a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part 1 of the volume details foundational information relating to international human rights law and human rights institutions, the types of operations that States' armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part 2 provides practical guidance as to the legal regulation of specific situations, including discussion of the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations. This book is the result of an in-depth process involving both academic and practitioner experts in the law of armed conflict and international human rights law who were convened in meetings at Chatham House chaired by Elizabeth Wilmshurst, Distinguished Fellow at Chatham House. The group included Professor Francoise Hampson, Essex University; Professor Dapo Akande, Oxford University; Charles Garraway, Fellow at Essex University; Professor Noam Lubell, Essex University; Michael Meyer, British Red Cross; and Daragh Murray, Lecturer at Essex University.

International Law Concerning Child Civilians in Armed Conflict

Author: Jenny Kuper
Publisher: Oxford University Press
ISBN: 0198264852
Release Date: 1997
Genre: Law

Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, or observed. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference to recent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large body of law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.

The Law of War

Author: Em Prof Ingrid Detter
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409464976
Release Date: 2013-07-28
Genre: Philosophy

The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain ‘intrinsic’ rules such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights.

The Law of Targeting

Author: William H. Boothby
Publisher: OUP Oxford
ISBN: 9780191639944
Release Date: 2012-08-16
Genre: Law

Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy. The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.

Cyber War

Author: Claire Finkelstein
Publisher: Oxford University Press, USA
ISBN: 9780198717508
Release Date: 2015
Genre: Law

Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyzes the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.

U S Military Operations

Author: Shane R. Reeve
Publisher: Oxford University Press
ISBN: 9780190456634
Release Date: 2016-01-21
Genre: Military law

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller
Publisher: OUP Oxford
ISBN: 9780191653919
Release Date: 2015-01-15
Genre: Law

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The Oxford Handbook of Gender and Conflict

Author: Fionnuala Ní Aoláin
Publisher: Oxford University Press
ISBN: 9780199300983
Release Date: 2018-01-16
Genre: Political Science

Traditionally, much of the work studying war and conflict has focused on men. Men commonly appear as soldiers, commanders, casualties, and civilians. Women, by contrast, are invisible as combatants, and, when seen, are typically pictured as victims. The field of war and conflict studies is changing: more recently, scholars of war and conflict have paid increasing notice to men as a gendered category and given sizeable attention to women's multiple roles in conflict and post-conflict settings. The Oxford Handbook of Gender and Conflict focuses on the multidimensionality of gender in conflict, yet it also prioritizes the experience of women, given both the changing nature of war and the historical de-emphasis on women's experiences. Today's wars are not staged encounters involving formal armies, but societal wars that operate at all levels, from house to village to city. Women are necessarily involved at each level. Operating from this basic intellectual foundation, the editors have arranged the volume into seven core sections: the theoretical foundations of the role of gender in violent conflicts; the sources for studying contemporary conflict; the conflicts themselves; the post-conflict process; institutions and actors; the challenges presented by the evolving nature of war; and, finally, a substantial set of case studies from across the globe. Genuinely comprehensive, this Handbook will not only serve as an authoritative overview of this massive topic, it will set the research agenda for years to come.

The War Report

Author: Stuart Casey-Maslen
Publisher: Oxford University Press
ISBN: 9780199689088
Release Date: 2013-12
Genre: History

This is the first annual report on armed conflicts around the world, providing detailed study of each conflict which occurred in 2012, describing its classification, the applicable norms, key actors, methods of warfare, and the number of casualties. It also analyses the key legal issues that arose in the context of these armed conflicts.

The Human Dimension of International Law

Author: Antonio Cassese
Publisher: Oxford University Press
ISBN: 9780199232918
Release Date: 2008-06-19
Genre: Law

This volume collects the most important papers of Antonio Cassese, one of the pre-eminent figures in international criminal justice. The papers offer the definitive statement of Cassese's thought, and a unique insight into some of the key developments in modern international law.