... individuals in conflict settings and the kind of thinking that states do to meet their national security objectives—a core tension that forms the prescriptive force of the laws of war. In particular, it assesses the implications for this balance when warfare becomes not only a legal institution...

... applying more and more of the law of war to their dealings with the rebels. President Lincoln's April 19, 1861, blockade proclamation both claimed rights against the Confederates under the international law of war and declared that he would refuse to recognize the rights of Confederate sailors under...

... this was not a story of European imposition, or imitation—the Ottomans acted for their own reasons, maintaining their commitment to Islamic law. For a time even European empires played by these rules, until they were subsumed into the codified global law of war in the late nineteenth century. This story offers new...

... is both a social outcast and a true hero of the American Revolution. In The Pioneers, the central character cannot reconcile himself with the new society taking shape in the United States. Each novel culminates in a trial that turns on the law of war. The novels use the tension between...

... a Kantian response to what he calls “Shawcross’s argument”—the argument that the killing of combatants in war is justifiable only where the war is legal. In doing so, he is seeking to provide a moral justification for what may appear to be an incoherence between the two main pillars of modern law of war...

... ius in bello law of war combatant’s privilege perfidy ruse of war category error impunity of soldiers international adjudication chivalry Arthur Ripstein has long been one of the English-speaking world’s most distinguished explorers of Immanuel Kant’s moral and political philosophy...

... Steele Ian Law of war Restraints on war Prisoners Torture Violence escalation War in any society is conditioned by cultural forms and needs as much as it is by calculated strategy or the nature of logistics. ¹ War served key functions in Native American societies, beyond and in addition...

... bellum Law of war Military Orestes War crimes trials Calley v Calloway Just war theory My Lai massacre Aggression Law of nations Law of nature Norms Rights Combatants Individual responsibility principle Individuals War crimes Reparations Jus ad bellum War Civilian protection...

... catch the attention of its particular legal order, namely public international law. The adoption of the Geneva Conventions in 1949 (to which were later added the two major Additional Protocols of 1977) marked a radical departure from old conceptions and ushered in a new universe regarding the law of war...

...This chapter discusses where Abraham Lincoln got the idea of using the law of war as a way to gain executive power. It is shown that Senator Charles Sumner of Massachusetts urged the president to use his power as commander in chief of the armed forces under the Constitution to free the slaves...

...This chapter discusses the Lincoln administration that slowly accepted the law of war, in response to specific needs and pressures that arose during the first year of the Civil War. It reveals that the law of war had been applied in practice by both the Union and Confederate armies. Civil War...

...This chapter discusses the final form of the Emancipation Proclamation, which was based on two of the belligerent rights of the government under the law of war. It relied on the right to seize and destroy enemy property for reasons of military necessity, and on the right to seek allies through...

... international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging...

... Christian or Christianity murder Beyoğlu Greeks Khvostov Aleksandr Mediterranean Mehmed Derviş Neapolitan envoys privateers rebels scribes Venice Aegean Sea Crimea Hüseyin Küçük courts martial prisoners of war law of war humanitarianism reciprocity subjecthood conversion Law of Nations...

... humanitarian movement irregulars Istanbul janissaries law of war Mahmud II Mustafa Vasfi Kabudlı plunder rewards for captors ears cutting of Hanafi school Islamic law or legal tradition Lûtfî Ahmed MacFarlane Charles surrender children crimes criminals desertion disease Egypt Mehmed Ali...

...Conventionalists argue that combatants are legally and morally permitted to fight irrespective of their cause. Revisionists argue that combatants are not morally permitted to fight for an unjust cause and conclude that the law of war sharply diverges from the deep morality of war. Many revisionists...

...This chapter offers a sketch of the history of the branch of international law from the earliest days until the first half of the present century. It presents evidence about the possibility of law restraining war. However, this book reveals that the historical record of the law of war does...

... on April 24, 1964. It presents a speech by Richard Baxter on forces for compliance with the law of war; comments of Benjamin Forman, Assistant General Counsel, International Affairs, Department of Defence; comments of Professor Gordon B. Baldwin, Chair of International Law, Naval War College; and comments...

...This chapter discusses issues concerning the law of war. These include the recognition of belligerency; the application of the international law of war during civil conflicts; the definition of a ‘war of national liberation’; and applications of Article 3 common to the four Geneva Conventions...

...This chapter focuses on the tenets of international humanitarian law, also known as the law of armed conflict, with particular emphasis on the customary norms of humanity, distinction, necessity, and proportionality. It begins with an overview of the morality of war and the law of war, followed...