Counterinsurgency Law
New Directions in Asymmetric Warfare
Published on 21. February 2013
Book
Hardback
310 pages
978-0-19-994144-5 (ISBN)
Description
In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic.
Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
More details
Series
Language
English
Place of publication
New York
United States
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 165 mm
Width: 236 mm
Thickness: 28 mm
Weight
680 gr
ISBN-13
978-0-19-994144-5 (9780199941445)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
01/2013
1st Edition
OUP eBook
€49.99
Available for download
E-Book
01/2013
1st Edition
OUP eBook
€63.49
Available for download
Person
William C. Banks is the Board of Advisors Distinguished Professor of Law at the Syracuse University College of Law, where he directs the Institute for National Security and Counterterrorism. He also serves as a Professor of Public Affairs and International Affairs at the Maxwell School of Citizenship & Public Affairs at Syracuse University and as the Editor-in-Chief of the Journal of National Security Law and Policy. With Stephen Dycus and Peter Raven-Hansen, he is also co-author of National Security Law, 5th edition, the leading text in the subject area.
Content
INTRODUCTION - WILLIAM C. BANKS, SHAPING A GLOBAL LEGAL FRAMEWORK FOR COUNTERINSURGENCY: PLACING POSTMODERN WAR IN CONTEXT; PART I: CONVERGING PARADIGMS IN CONTEMPORARY ARMED CONFLICT: FRAMING PROBLEMS OF COIN; CHAPTER 1 - DAPHNE RICHEMOND-BARAK, THE HUMAN RIGHTS COUNCIL AND THE CONVERGENCE OF HUMANITARIAN LAW AND HUMAN RIGHTS LAW; CHAPTER 2 - EVAN J. CRIDDLE, PROPORTIONALITY IN COUNTERINSURGENCY: RECONCILING HUMAN RIGHTS AND HUMANITARIAN LAW; PART II: REUNIFYING THE LAWS OF ARMED CONFLICT: NON-INTERNATIONAL CONFLICT AND COIN OPERATIONS; CHAPTER 3 - ERIC TALBOT JENSEN, REUNIFYING THE LAW OF ARMED CONFLICT IN COIN OPERATIONS THROUGH A SOVEREIGN AGENCY THEORY; CHAPTER 4 - GEOFFREY S. CORN, TWO SIDES OF THE COMBATANT COIN: UNTANGLING DIRECT PARTICIPATION FROM BELLIGERENT STATUS IN NON-INTERNATIONAL ARMED CONFLICTS; PART III: PROTECTING CIVILIANS AND RISKING THE FORCE IN COIN; CHAPTER 5- PETER MARGULIES, VALOR'S VICES: AGAINST A STATE DUTY TO RISK FORCES IN ARMED CONFLICT; CHAPTER 6 - CHRISTOPHER JENKS, AGENCY OF RISK: THE COMPETING BALANCE BETWEEN PROTECTING MILITARY FORCES AND THE CIVILIAN POPULATION DURING COUNTERINSURGENCY OPERATIONS IN AFGHANISTAN; CHAPTER 7 - GREGORY S. MCNEAL, NEW APPROACHES TO REDUCING AND MITIGATING HARM TO CIVILIANS; PART IV: NEW PROBLEMS FOR UNCONVENTIONAL BATTLEFIELDS; CHAPTER 8- BOAZ GANOR, TERRORISM AND THE LAWS OF MULTI-DIMENSIONAL WARFARE; CHAPTER 9 - ROBERT M. CHESNEY, THE USE OF FORCE REGIME AND UNCONVENTIONAL THREATS: ANWAR AL-AWLAKI AS A CASE STUDY; CHAPTER 10 - CORRI ZOLI, THE GAZA FLOTILLA INCIDENT: THE ROLE OF MARITIME LAW AND STRATEGY IN COIN OPERATIONS