TY  - BOOK
AU  - Banks,William
AU  - Banks,William C.
AU  - Barnidge,Robert P.
AU  - Corn,Geoffrey S.
AU  - Crane,David M.
AU  - Moodrick-Even Khen,Hilly
AU  - Nevers,Renée de
AU  - Reisner,Daniel
AU  - Richemond-Barak,Daphné
AU  - Rose,Gregory
AU  - Talbot Jensen,Eric
AU  - Zoli,Corri
TI  - New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare 
T2  - Columbia Studies in Terrorism and Irregular Warfare
SN  - 9780231152358
AV  - KZ6471 .N49 2011
U1  - 341.67 23
PY  - 2011///]
CY  - New York, NY : 
PB  - Columbia University Press, 
KW  - Asymmetric warfare
KW  - Humanitarian law
KW  - Terrorism
KW  - Prevention
KW  - Law and legislation
KW  - POLITICAL SCIENCE / Political Freedom
KW  - bisacsh
N1  - Frontmatter --; Contents --; Figures and Tables --; Introduction.Toward an Adaptive International Humanitarian Law --; Critical debate I. Threshold Issues in Defining Twenty-first-Century Armed Conflicts --; One. Extraterritorial Law Enforcement or Transnational Counterterrorist Military Operations --; Chapter Two. Preventive Detention of Individuals Engaged in Transnational Hostilities --; Critical Debate II. Status and Liabilities of Nonstate Actors Engaged in Hostilities --; Chapter Three. "Jousting at Windmills" --; Chapter Four. Direct Participation in Hostilities --; Chapter Five. Nonstate Actors in Armed Conflicts --; Critical Debate III. Changing Twenty-first-Century Battlefields and Armed Forces --; Chapter Six. Children as Direct Participants in Hostilities --; Chapter Seven. Private Military Contractors and Changing Norms for the Laws of Armed Conflict --; Critical Debate IV. Military Necessity and Humanitarian Priorities in International Humanitarian Law: Productive Tension or Irreconcilable Differences? --; Chapter Eight. The Principle of Proportionality Under International Humanitarian Law and Operation Cast Lead --; Chapter Nine. Humanizing Irregular Warfare --; Notes --; Contributor bios --; Index; restricted access; Issued also in print
N2  - An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism-or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power
UR  - https://doi.org/10.7312/bank15234
UR  - https://www.degruyter.com/isbn/9780231526562
UR  - https://www.degruyter.com/document/cover/isbn/9780231526562/original
ER  -