Includes a new introduction by the editor, John Norton Moore. The essays collected in this volume are contributions to a comprehensive legal theory for the regulation of civil war and intervention drawing on the insights of political science and history. The culmination of the Civil War Project of the American Society of International Law Panel on the Role of International Law in Civil Wars, it includes contributions by Moore, Ian Brownlee, Richard A. Falk, Michael Reisman, Richard R. Baxter, Derek Bowett, Wolfgang Friedmann, Oran R. Young, Tom Farer and James N. Rosenau. " This volume] is a major contribution to the literature of the international aspects of civil war." Robert Gilpin, Foreign Affairs 53 (1974-1975) 777
Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
“Should be required reading for anyone interested in preserving our 246-year experiment in self-government.” —The New York Times Book Review * “Well researched and eloquently presented.” —The Atlantic * “Delivers Cormac McCarthy-worthy drama; while the nonfictional asides imbue that drama with the authority of documentary.” —The New York Times Book Review A celebrated journalist takes a fiercely divided America and imagines five chilling scenarios that lead to its collapse, based on in-depth interviews with experts of all kinds. The United States is coming to an end. The only question is how. On a small two-lane bridge in a rural county that loathes the federal government, the US Army uses lethal force to end a standoff with hard-right anti-government patriots. Inside an ordinary diner, a disaffected young man with a handgun takes aim at the American president stepping in for an impromptu photo-op, and a bullet splits the hyper-partisan country into violently opposed mourners and revelers. In New York City, a Category 2 hurricane plunges entire neighborhoods underwater and creates millions of refugees overnight—a blow that comes on the heels of a financial crash and years of catastrophic droughts—and tips America over the edge into ruin. These nightmarish scenarios are just three of the five possibilities most likely to spark devastating chaos in the United States that are brought to life in The Next Civil War, a chilling and deeply researched work of speculative nonfiction. Drawing upon sophisticated predictive models and nearly two hundred interviews with experts—civil war scholars, military leaders, law enforcement officials, secret service agents, agricultural specialists, environmentalists, war historians, and political scientists—journalist Stephen Marche predicts the terrifying future collapse that so many of us do not want to see unfolding in front of our eyes. Marche has spoken with soldiers and counterinsurgency experts about what it would take to control the population of the United States, and the battle plans for the next civil war have already been drawn up. Not by novelists, but by colonels. No matter your political leaning, most of us can sense that America is barreling toward catastrophe—of one kind or another. Relevant and revelatory, The Next Civil War plainly breaks down the looming threats to America and is a must-read for anyone concerned about the future of its people, its land, and its government.
NEW YORK TIMES BESTSELLER • A leading political scientist examines the dramatic rise in violent extremism around the globe and sounds the alarm on the increasing likelihood of a second civil war in the United States “Required reading for anyone invested in preserving our 246-year experiment in self-government.”—The New York Times Book Review (Editors’ Choice) WINNER OF THE GLOBAL POLICY INSTITUTE AWARD • THE SUNDAY TIMES BOOK OF THE YEAR • ONE OF THE BEST BOOKS OF THE YEAR: Financial Times, The Times (UK), Esquire, Prospect (UK) Political violence rips apart several towns in southwest Texas. A far-right militia plots to kidnap the governor of Michigan and try her for treason. An armed mob of Trump supporters and conspiracy theorists storms the U.S. Capitol. Are these isolated incidents? Or is this the start of something bigger? Barbara F. Walter has spent her career studying civil conflict in places like Iraq, Ukraine, and Sri Lanka, but now she has become increasingly worried about her own country. Perhaps surprisingly, both autocracies and healthy democracies are largely immune from civil war; it’s the countries in the middle ground that are most vulnerable. And this is where more and more countries, including the United States, are finding themselves today. Over the last two decades, the number of active civil wars around the world has almost doubled. Walter reveals the warning signs—where wars tend to start, who initiates them, what triggers them—and why some countries tip over into conflict while others remain stable. Drawing on the latest international research and lessons from over twenty countries, Walter identifies the crucial risk factors, from democratic backsliding to factionalization and the politics of resentment. A civil war today won’t look like America in the 1860s, Russia in the 1920s, or Spain in the 1930s. It will begin with sporadic acts of violence and terror, accelerated by social media. It will sneak up on us and leave us wondering how we could have been so blind. In this urgent and insightful book, Walter redefines civil war for a new age, providing the framework we need to confront the danger we now face—and the knowledge to stop it before it’s too late.
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
From a highly decorated general, a brilliant new way of understanding war and its role in the twenty-first century. Drawing on his vast experience as a commander during the first Gulf War, and in Bosnia, Kosovo, and Northern Ireland, General Rupert Smith gives us a probing analysis of modern war. He demonstrates why today’s conflicts must be understood as intertwined political and military events, and makes clear why the current model of total war has failed in Iraq, Afghanistan, and other recent campaigns. Smith offers a compelling contemporary vision for how to secure our world and the consequences of ignoring the new, shifting face of war.
This comprehensive new Handbook explores the significance and nature of armed intrastate conflict and civil war in the modern world. Civil wars and intrastate conflict represent the principal form of organised violence since the end of World War II, and certainly in the contemporary era. These conflicts have a huge impact and drive major political change within the societies in which they occur, as well as on an international scale. The global importance of recent intrastate and regional conflicts in Afghanistan, Pakistan, Iraq, Somalia, Nepal, Cote d'Ivoire, Syria and Libya – amongst others – has served to refocus academic and policy interest upon civil war. Drawing together contributions from key thinkers in the field who discuss the sources, causes, duration, nature and recurrence of civil wars, as well as their political meaning and international impact, the Handbook is organised into five key parts: Part I: Understanding and Explaining Civil Wars: Theoretical and Methodological Debates Part II: The Causes of Civil Wars Part III: The Nature and Impact of Civil Wars Part IV: International Dimensions Part V: Termination and Resolution of Civil Wars Covering a wide range of topics including micro-level issues as well as broader debates, Routledge Handbook of Civil Wars will set a benchmark for future research in the field. This volume will be of much interest to students of civil wars and intrastate conflict, ethnic conflict, political violence, peace and conflict studies, security studies and IR in general.
A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how—while advancing epic revolutions and enfranchising white males—constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone—inspired by the American Civil War—devised plans for self-governing nations in West Africa; and how Japan’s Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that—with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels—retells the story of constitutional government and the evolution of ideas of what it means to be modern.
A New York Times Notable Book Selection Winner of the Mark Lynton History Prize Winner of the Anisfield-Wolf Book Award Winner of the Lionel Trilling Book Award A New York Times Critics' Best Book "Excellent... stunning."—Ta-Nehisi Coates This book tells the story of America’s original sin—slavery—through politics, law, literature, and above all, through the eyes of enslavedblack people who risked their lives to flee from bondage, thereby forcing the nation to confront the truth about itself. The struggle over slavery divided not only the American nation but also the hearts and minds of individual citizens faced with the timeless problem of when to submit to unjust laws and when to resist. The War Before the War illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.
