New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare
New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare
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Abstract
This book argues that changing patterns of global armed conflicts 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 warfare fought between disparate military forces, this book 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. The text explains that gaps in the laws of war leave modern battlefields largely unregulated, and the fear is that 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 book 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.
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Front Matter
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Introduction
Toward an Adaptive International Humanitarian Law: New Norms for New Battlefields
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Critical Debate I Threshold Issues in Defining Twenty-first-Century Armed Conflicts
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One
Extraterritorial Law Enforcement or Transnational Counterterrorist Military Operations: The Stakes of Two Legal Models
Geoffrey S. Corn
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Two
Preventive Detention of Individuals Engaged in Transnational Hostilities: Do We Need a Fourth Protocol Additional to the 1949 Geneva Conventions?
Gregory Rose
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One
Extraterritorial Law Enforcement or Transnational Counterterrorist Military Operations: The Stakes of Two Legal Models
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Critical Debate II Status and Liabilities of Nonstate Actors Engaged in Hostilities
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Three
“Jousting at Windmills”: The Laws of Armed Conflict in an Age of Terror—State Actors and Nonstate Elements
David M. Crane andDaniel Reisner
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Four
Direct Participation in Hostilities: A Concept Broad Enough for Today’s Targeting Decisions
Eric Talbot Jensen
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Five
Nonstate Actors in Armed Conflicts: Issues of Distinction and Reciprocity
Daphné Richemond-Barak
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Three
“Jousting at Windmills”: The Laws of Armed Conflict in an Age of Terror—State Actors and Nonstate Elements
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Critical Debate III Changing Twenty-first-Century Battlefields and Armed Forces
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Critical Debate IV Military Necessity and Humanitarian Priorities in International Humanitarian Law: Productive Tension or Irreconcilable Differences?
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End Matter
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