In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
The American Culture of War presents a sweeping critical examination of every major American war since 1941. Timely, incisive, and comprehensive, it is a unique and invaluable survey of over sixty years of American military history.
In the pantheon of air power spokesmen, Giulio Douhet holds center stage. His writings, more often cited than perhaps actually read, appear as excerpts and aphorisms in the writings of numerous other air power spokesmen, advocates-and critics. Though a highly controversial figure, the very controversy that surrounds him offers to us a testimonial of the value and depth of his work, and the need for airmen today to become familiar with his thought. The progressive development of air power to the point where, today, it is more correct to refer to aerospace power has not outdated the notions of Douhet in the slightest In fact, in many ways, the kinds of technological capabilities that we enjoy as a global air power provider attest to the breadth of his vision. Douhet, together with Hugh “Boom” Trenchard of Great Britain and William “Billy” Mitchell of the United States, is justly recognized as one of the three great spokesmen of the early air power era. This reprint is offered in the spirit of continuing the dialogue that Douhet himself so perceptively began with the first edition of this book, published in 1921. Readers may well find much that they disagree with in this book, but also much that is of enduring value. The vital necessity of Douhet’s central vision-that command of the air is all important in modern warfare-has been proven throughout the history of wars in this century, from the fighting over the Somme to the air war over Kuwait and Iraq.
Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses—including gender, innocence, and civilization—have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.
This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.
