The War In Afghanistan

Author: Naval War College (U.S.)
Publisher: Defense Department
ISBN:
Size: 43.27 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: 55.41 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.

International Law And The Classification Of Conflicts

Author: Elizabeth Wilmshurst
Publisher: Oxford University Press
ISBN: 0199657750
Size: 65.83 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.

The Law Of War

Author: Ingrid Detter De Lupis
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409464989
Size: 72.60 MB
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The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain 'intrinsic' rules in the Law of War, such as rules giving individuals the right to be spared genocide, torture, slavery and, at least nowadays, apartheid and assure them basic democratic rights.

The War On Terror And The Framework Of International Law

Author: Helen Duffy
Publisher: Cambridge University Press
ISBN: 1316194248
Size: 63.40 MB
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Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.

Us Nation Building In Afghanistan

Author: Conor Keane
Publisher: Routledge
ISBN: 1317003195
Size: 39.55 MB
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Why has the US so dramatically failed in Afghanistan since 2001? Dominant explanations have ignored the bureaucratic divisions and personality conflicts inside the US state. This book rectifies this weakness in commentary on Afghanistan by exploring the significant role of these divisions in the US’s difficulties in the country that meant the battle was virtually lost before it even began. The main objective of the book is to deepen readers understanding of the impact of bureaucratic politics on nation-building in Afghanistan, focusing primarily on the Bush Administration. It rejects the ’rational actor’ model, according to which the US functions as a coherent, monolithic agent. Instead, internal divisions within the foreign policy bureaucracy are explored, to build up a picture of the internal tensions and contradictions that bedevilled US nation-building efforts. The book also contributes to the vexed issue of whether or not the US should engage in nation-building at all, and if so under what conditions.

Armed Conflict And International Law In Search Of The Human Face

Author: Mariëlle Matthee
Publisher: Springer Science & Business Media
ISBN: 9067049182
Size: 66.63 MB
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This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

The War In Iraq

Author: Raul A. Pedrozo
Publisher: Defense Department
ISBN:
Size: 39.24 MB
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Customary Justice And The Rule Of Law In War Torn Societies

Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Size: 77.84 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. "