The United States Department of Defense Law of War Manual: Commentary and Critique

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Michael A. Newton
Cambridge University Press, 2018 - Biography & Autobiography - 472 pages
The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
 

Contents

Framing Thoughts on the DoD Law of War Manual
3
Why What and How
24
The Defensive Purpose of the
47
Practitioners and the Law of War Manual
65
A NATO Perspective on the Manual
79
The DoD Law of
94
Core Law of War Principles through
115
Applying Faux LOAC to a Fictional NIAC
141
The Need for PrecisionGuided
261
Detention and Prosecution as Described in the DoD Manual
282
The DoD Conception of the Law of Occupation
298
Commentary on the Law of Cyber Operations and the
337
The DoD Law of War Manual as Applied to Coalition
360
Shining a Light
383
Whats the
403
Selected Literature and Original Sources
431

Law of War Manual
161
The DoD Law of War Manuals
201
Targeting and Attack under the DoD Manual
225

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About the author (2018)

Mike Newton is a West Point graduate who serves as Professor of the Practice of Law at Vanderbilt University, Tennessee, Law School. He has published over ninety articles, editorials, and book chapters including co-authored books Proportionality in International Law (2014), and Enemy of the State: The Trial and Execution of Saddam Hussein (2008), which received the Book of the Year Award from the International Association of Penal Law. Newton helped negotiate the International Criminal Court Elements of Crimes and served in the US Department of State during the Clinton and Bush Administrations.

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