Essays on Law and War at the Fault Lines

ISBN-13: 9789067049641 / Angielski / Miękka / 2014 / 640 str.

Michael N. Schmitt

Opis

This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

Spis treści

Computer Network Attack and Use of Force in International Law: Thoughts on a Normative Framework.- Responding to Transnational Terrorism under the Jus ad Bellum: A Normative Framework.- Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance.- The Principle of Discrimination in 21st Century Warfare.- Fault Lines in the Law of Attack.- Aerial Blockades in Historical, Legal, and Practical Perspective.- State Sponsored Assassination in International and Domestic Law.- Green War: An Assessment of the Environmental Law of International Armed Conflict.- Wired Warfare: Computer Network Attack and International Law.- The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis.- Human Shields in International Humanitarian Law.- Investigating Violations of International Law in Armed Conflict.

Blurb

Essays on Law and War at the Fault Lines

This collection of essays by Professor Michael N. Schmitt, Chairman of the International Law Department at the United States Naval War College, draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict.  As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law.  Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict.  Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.

The essays brought together in this book, dealing with the most complex and controversial issues of International Humanitarian Law and the use of force, form a unique collection of often cited works, used as a foundation for subsequent work in the area.