The War In Afghanistan

Author: Naval War College (U.S.)
Publisher: Defense Department
ISBN:
Size: 14.21 MB
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Provides legal examination of the armed conflict in Iraq during the secondd Gulf War that began in 2003. Discusses legal issues associated with the initial decision to use armed force, the manner in which force was employed, the legal framework and evolution of military activities from invasion to occupation, detention and counterinsurgency operations, as well as policy and legal issues associated with the establishment of the rule of law and return of governance to the people of Iraq.

The War In Afghanistan

Author: Michael N Schmitt
Publisher: Military Bookshop
ISBN: 9781782662372
Size: 37.66 MB
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From June 25 to 27, 2008, the Naval War College had the honor to convene an International Law Expert's Workshop, "The War in Afghanistan - A Legal Analysis." This volume captures the legal lessons of the war in Afghanistan as reported, studied and debated by a rare gathering of eminent scholars and practitioners of international law. The workshop's mission was to provide a comprehensive legal examination of the Afghan conflict-from the decision to use force, to the manner with which force was employed, to the legal construct for the evolution of military operations transitioning away from the use of force. Renowned international academics and legal advisers, both military and civilian, representing military, diplomatic, nongovernmental and academic institutions from throughout the world contributed to the workshop and this volume.

Rule Of Law In War

Author: Travers McLeod
Publisher: Oxford University Press, USA
ISBN: 0198716397
Size: 33.90 MB
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Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of modern U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006. It then assesses how international law's doctrinal interaction held up in Iraq and Afghanistan. The account of this doctrinal change is based on extensive access to the primary actors and materials, including FM 3-24's drafting history, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.

Understanding The U S Wars In Iraq And Afghanistan

Author: Beth Bailey
Publisher: NYU Press
ISBN: 1479836265
Size: 15.61 MB
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Understanding the United States’ wars in Iraq and Afghanistan is essential to understanding the United States in the first decade of the new millennium and beyond. These wars were pivotal to American foreign policy and international relations. They were expensive: in lives, in treasure, and in reputation. They raised critical ethical and legal questions; they provoked debates over policy, strategy, and war-planning; they helped to shape American domestic politics. And they highlighted a profound division among the American people: While more than two million Americans served in Iraq and Afghanistan, many in multiple deployments, the vast majority of Americans and their families remained untouched by and frequently barely aware of the wars conducted in their name, far from American shores, in regions about which they know little. Understanding the U.S. Wars in Iraq and Afghanistan gives us the first book-length expert historical analysis of these wars. It shows us how they began, what they teach us about the limits of the American military and diplomacy, and who fought them. It examines the lessons and legacies of wars whose outcomes may not be clear for decades. In 1945 few Americans could imagine that the country would be locked in a Cold War with the Soviet Union for decades; fewer could imagine how history would paint the era. Understanding the U.S. Wars in Iraq and Afghanistan begins to come to grips with the period when America became enmeshed in a succession of “low intensity” conflicts in the Middle East. Instructor's Guide

International Law And The Classification Of Conflicts

Author: Elizabeth Wilmshurst
Publisher: Oxford University Press
ISBN: 0199657750
Size: 27.31 MB
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International law separates international from non-international conflicts. This book discusses how this categorization operates, identifying the legal questions raised. Case studies from Colombia to Iraq show how this classification impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.

Detention In Non International Armed Conflict

Author: Lawrence Hill-Cawthorne
Publisher: Oxford University Press
ISBN: 0191067016
Size: 27.83 MB
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International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

The War On Terror And The Framework Of International Law

Author: Helen Duffy
Publisher: Cambridge University Press
ISBN: 1107014506
Size: 79.48 MB
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Analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.

Customary Justice And The Rule Of Law In War Torn Societies

Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Size: 27.76 MB
Format: PDF
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The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Understanding War In Afghanistan

Author: Joseph J. Collins
Publisher: NDU Press
ISBN: 016088831X
Size: 50.27 MB
Format: PDF
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Provides military leaders, civil servants, diplomats, and students with the intellectual basis that they need to begin to prepare for further study of or an assignment in Afghanistan. This book analyzes the land and its people, recaps Afghan history, and assesses the current situation. It also examines the range of choices for future U.S. policy toward Afghanistan.