This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1959.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1959.
DOD policy requires "[m]embers of the DoD Components comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations" (Department of Defense Directive [DODD] 2311.01E). This publication addresses topics that are also addressed in the DOD Law of War Manual. In the event of a conflict or discrepancy regarding the legal standards addressed in this publication and the DOD Law of War Manual, the latter takes precedence. In many cases, any apparent conflict or discrepancy may be due to this publication's efforts to provide guidance to Commanders by describing legal concepts more generally rather than exhaustively as found the DOD Law of War Manual. In certain instances, this publication will set out a current policy or practice for Army and Marine forces rather than a legal requirement.
The Department of Defense Law of War Manual belongs on the shelf of every researcher, journalist, lawyer, historian, and individual interested in foreign affairs, international law, human rights, or national security. The Manual provides a comprehensive, authoritative interpretation of the law of war for the U.S. Department of Defense.
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.
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
The essays convey collectively a picture of the law of armed conflict that is multidimensional in scope and insight. The second revised and expanded edition is an up-to-date, as well as a classically authoritative contribution to this immensely important field.
