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New Battlefields/Old Laws : Critical Debates on Asymmetric Warfare / ed. by William Banks.

Contributor(s): Material type: TextTextSeries: Columbia Studies in Terrorism and Irregular WarfarePublisher: New York, NY : Columbia University Press, [2011]Copyright date: ©2011Description: 1 online resource (320 p.) : 2 line drawings, 3 tablesContent type:
Media type:
Carrier type:
ISBN:
  • 9780231152358
  • 9780231526562
Subject(s): DDC classification:
  • 341.67 23
LOC classification:
  • KZ6471 .N49 2011
  • KZ6471 .N49 2015
Other classification:
  • online - DeGruyter
Online resources: Available additional physical forms:
  • Issued also in print.
Contents:
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
Summary: 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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780231526562

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 online access with authorization star

http://purl.org/coar/access_right/c_16ec

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.

Issued also in print.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 02. Mrz 2022)