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"This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--
This book offers an exploration of unique laws and customs placed around warfare throughout history, from Indigenous Australians to the American Civil War.
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
A major contribution to our understanding of present-day historical consciousness through a study of memory laws across Europe.
An analysis of the role of the International Committee of the Red Cross (ICRC) in international norm creation and the progressive development of international humanitarian law.
The first edition of this book became a standard work in the field, and it has been extensively revised and updated for the second edition. It is prepared with assistance from the official Depositaries of the various international agreements, and is an essential reference book for statesmen and diplomats, lawyers, journalists, and students of international relations and law. From reviews of the first edition: `Roberts and Guelff rely on the documents to speak for themselves, and are right to do so. Their becoming generally available in this neat and usable form is an event of much importance for all who take a serious interest in humanitarian law and endeavour, and the limitation of men's violence towards men.'New Society
The Laws of War and 21st Century Conflict explores how international law considers and confronts the so-called new warfare. To many, modern conflict appears unlike any we have known before. A modern battlefield might as easily be found in an urban shopping mall or in the frontline trenches of a failed state. Weaponry that once populated science fiction novels and movies is now a reality, with unmanned aerial drones used against military targets in several countries and automated robots replacing some soldiers on the battlefield. Globalization and the diffusion of technology have eroded state controls and empowered other actors, from terrorist groups to mercenaries. Now, the most deadly threats might be activated by the push of a cell-phone button or from a computer hacker's screen on the other side of the world.
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.
By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. This book is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?