New Wars, New Laws?: Applying the Laws of War in 21st Century Conflicts
David Wippman, Matthew Evangelista
Transnational Publishers, 2005 - Law - 303 pages
This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more.Published under the Transnational Publishers imprint."
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Human Rights in the War on Terror
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acts Additional Protocol Afghanistan apply argue armed forces assassination asymmetric warfare attack authority belligerent occupation body of law bombing Bush Administration captured civil civilian population combatant immunity combatant status command conduct Court crimes criminal justice model detained detention Dinstein effective enemy combatants fight Fourth Geneva Convention global groups Hague Regulations hereinafter Hirabah human rights ICRC ICRC Commentary individuals Int'l international armed conflict International Criminal international humanitarian law international law Iraq Iraqi Israel Israeli killing law enforcement law of armed law of occupation laws and customs legal regime Lieber Code Military Commissions military objectives non-international armed conflict norms Occupied Territories operations Palestinian participation in hostilities party persons political President principle prisoners prosecutions protection Qaeda Red Cross response rules September 11 supra note Taliban terrorism terrorist non-state actors Third Geneva Convention threat tion tional treaties U.S. government United unlawful combatants unprivileged belligerents weapons