War Claims and Enemy Property Legislation

War Claims and Enemy Property Legislation

Author: United States. Congress. House. Committee on Interstate and Foreign Commerce

Publisher:

Published: 1960

Total Pages: 762

ISBN-13:

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Considers H.R. 2485 and numerous identical and related bills, to amend the War Claims Act and the Trading with the Enemy Act to provide compensation for certain WWII losses and payment of certain U.S. war damage claims.


War

War

Author: Andrew Clapham

Publisher: Oxford University Press

Published: 2021

Total Pages: 625

ISBN-13: 0198810466

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This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.


The Military Commander's Necessity

The Military Commander's Necessity

Author: Sigrid Redse Johansen

Publisher: Cambridge University Press

Published: 2019-10-03

Total Pages: 451

ISBN-13: 1108493920

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A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.


Act of Justice

Act of Justice

Author: Burrus M. Carnahan

Publisher: University Press of Kentucky

Published: 2007-09-21

Total Pages: 212

ISBN-13: 0813138213

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In his first inaugural address, Abraham Lincoln declared that as president he would "have no lawful right" to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president "with the law of war in time of war." As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners -- practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln's delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln's proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan's exploration of the president's war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.


The Law of Naval Warfare

The Law of Naval Warfare

Author: Dale Stephens

Publisher:

Published: 2019

Total Pages: 403

ISBN-13: 9780409350814

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In a period of growing tensions within the maritime domain, this timely new book brings together a combination of academic and practical expertise to present an account of the critical areas of the law of naval warfare. It provides a comprehensive, academically rigorous and practically relevant treatment of the law applicable to naval conflicts that will be of value to governments and their advisers, defence forces, academics, students and historians. The extensive expert analysis of the key issues includes topics such as: ¿ Interaction with peacetime law of the sea ¿ Maritime zones ¿ Targeting, distinction and deception ¿ Submarine warfare ¿ Legal status of merchant vessels and direct participation in hostilities by civilians ¿ Blockade ¿ Prize law ¿ Non-International Armed Conflict at Sea ¿ New technologies and non-traditional vessels ¿ Hospital ships ¿ Intelligence collection ¿ Interaction with Australian domestic legal obligations ¿ Environmental issues


Oslo Manual on Select Topics of the Law of Armed Conflict

Oslo Manual on Select Topics of the Law of Armed Conflict

Author: Yoram Dinstein

Publisher: Springer Nature

Published: 2020-01-01

Total Pages: 151

ISBN-13: 3030391698

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This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law.


The Law of War

The Law of War

Author: William H. Boothby

Publisher: Cambridge University Press

Published: 2018-03-29

Total Pages: 481

ISBN-13: 1108427588

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A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.


Lincoln's Code

Lincoln's Code

Author: John Fabian Witt

Publisher: Simon and Schuster

Published: 2012-09-04

Total Pages: 498

ISBN-13: 1416569839

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By one of the nation's foremost legal historians, a groundbreaking history of the pioneering American role in establishing the modern laws of war. This book is a compelling story of ideals under pressure and a landmark contribution to our understanding of the American experience.