The Concept of Military Objectives in International Law and Targeting Practice

Author: Agnieszka Jachec-Neale
Publisher: Routledge
ISBN: 131759472X
Format: PDF, ePub
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The concept that certain objects and persons may be legitimately attacked during armed conflicts has been well recognised and developed through the history of warfare. This book explores the relationship between international law and targeting practice in determining whether an object is a lawful military target. By examining both the interpretation and its post-ratification application this book provides a comprehensive analysis of the definition of military objective adopted in 1977 Additional Protocol I to the four 1949 Geneva Conventions and its use in practice. Tackling topical issues such as the targeting of TV and radio stations or cyber targets, Agnieszka Jachec-Neale analyses the concept of military objective within the context of both modern military doctrine and the major coalition operations which have been undertaken since it was formally defined. This monograph will be of great interest to students and scholars of international law and the law of armed conflict, as well as security studies and international relations.

Accountability for Violations of International Humanitarian Law

Author: Jadranka Petrovic
Publisher: Routledge
ISBN: 1317669789
Format: PDF, ePub
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International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of?how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL?and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.

Islam and Warfare

Author: Onder Bakircioglu
Publisher: Routledge
ISBN: 113409163X
Format: PDF, Mobi
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The question of how Islamic law regulates the notions of just recourse to and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad. Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch. This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict.

The Rule of Law in Crisis and Conflict Grey Zones

Author: Michael John-Hopkins
Publisher: Taylor & Francis
ISBN: 1351996746
Format: PDF, ePub
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This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.?

New Technologies and the Law of Armed Conflict

Author: Hitoshi Nasu
Publisher: Springer Science & Business Media
ISBN: 9067049336
Format: PDF, ePub, Mobi
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Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.

The International Criminal Court in Search of its Purpose and Identity

Author: Triestino Mariniello
Publisher: Routledge
ISBN: 131770309X
Format: PDF, Kindle
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The International Criminal Court (ICC) is the first permanent international criminal tribunal, which has jurisdiction over the most serious crimes of concern to the international community as a whole: genocide, crimes against humanity, war crimes, and crime of aggression. This book critically analyses the law and practice of the ICC and its contribution to the development of international criminal law and policy. The book focuses on the key procedural and substantive challenges faced by the ICC since its establishment. The critical analysis of the normative framework aims to elaborate ways in which the Court may resolve difficulties, which prevent it from reaching its declared objectives in particularly complex situations. Contributors to the book include leading experts in international criminal justice, and cover a range of topics including, inter alia, terrorism, modes of liability, ne bis in idem, victims reparations, the evidentiary threshold for the confirmation of charges, and sentencing. The book also considers the relationship between the ICC and States, and explores the impact that the new regime of international criminal justice has had on countries where the most serious crimes have been committed. In drawing together these discussions, the book provides a significant contribution in assessing how the ICC’s practice could be refined or improved in future cases. The book will be of great use and interest to international criminal law and public international law.

The Law of Targeting

Author: William H. Boothby
Publisher: OUP Oxford
ISBN: 019163994X
Format: PDF, ePub, Docs
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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.

Cultural Politics of Targeted Killing

Author: Kyle Grayson
Publisher: Routledge
ISBN: 1317238982
Format: PDF, ePub
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The deployment of remotely piloted air platforms (RPAs) - or drones - has become a defining feature of contemporary counter-insurgency operations. Scholarly analysis and public debate has primarily focused on two issues: the legality of targeted killing and whether the practice is effective at disrupting insurgency networks, and the intensive media and activist scrutiny of the policy processes through which targeted killing decisions have been made. While contributing to these ongoing discussions, this book aims to determine how targeted killing has become possible in contemporary counter-insurgency operations undertaken by liberal regimes. Each chapter is oriented around a problematisation that has shaped the cultural politics of the targeted killing assemblage. Grayson argues that in order to understand how specific forms of violence become prevalent, it is important to determine how problematisations that enable them are shaped by a politico-cultural system in which culture operates in conjunction with technological, economic, governmental, and geostrategic elements. The book also demonstrates that the actors involved - what they may be attempting to achieve through the deployment of this form of violence, how they attempt to achieve it, and where they attempt to achieve it - are also shaped by culture. The book demonstrates how the current social relations prevalent in liberal societies contain the potential for targeted killing as a normal rather than extraordinary practice. It will be of great use for academic specialists and graduate students in international studies, geography, sociology, cultural studies and legal studies.

The Gulf War 1990 91 in International and English Law

Author: Peter Rowe
Publisher: Routledge
ISBN: 1134904509
Format: PDF
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There is no doubt that international law was of major importance during the Gulf conflict of 1990-91. Military and other actions were repeatedly justified through reference to international law, and disputes about interpretation were frequent. This book provides a definitive legal analysis of the conflict, with reference both to international and to English law. Some have been tempted to argue that international law is an ineffective means of controlling the activities of a state and its armed forces from the fact that there were no war crimes trials of the leaders of Iraq, or of any other state. International law does, however, provide a set of norms either (a) agreed to by individual states through the ratification of, or accession to, a treaty, or (b) which apply to all states by the operation of customary international law and other secondary sources. This book determines these norms in order to judge the manner in which individual states recognized the binding nature of them in the conduct of their operations. The contributors include lawyers from each of the three British armed services.

National Security Law

Author: Stephen Dycus
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454868323
Format: PDF, ePub, Mobi
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The 6th edition of National Security Law not only updates the leading casebook in this field with recent developments, but adds new chapters on extraterritoriality, cyber operations, bulk collection, the structure of habeas, and the procedural path to terrorism trials. Because the continuing rapid growth of the field and of relevant materials has made them harder to teach, this edition also for the first time makes substantial changes in their presentation to make them more teachable. The co-authors have provided questions before each principal case to guide the reader; streamlined the notes and questions after the cases to make them easier to read; and summarized basic principles in a new feature at the end of each chapter. The result is a book that is not only current and comprehensive, but significantly easier to read and teach.