The Liberal Way of War
Legal Perspectives
1st Edition
Published on 28. August 2013
Book
Hardback
326 pages
978-1-4094-6739-7 (ISBN)
Description
Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and 'responsibility to protect,' as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.
Reviews / Votes
'More than a decade after 9/11, this timely book explores the dilemmas faced by liberal states in confronting asymmetric warfare waged primarily by non-state actors. Legal experts offer lucid assessments at the intersection of human rights law, international humanitarian law and Islamic law that must be understood in order for liberal societies to maintain their core values while meeting dynamic security challenges.' William C. Banks, Syracuse University, USA 'The Liberal Way of War discards the tired practice of counterpoising human rights and humanitarian law in a normative turf war. Instead, using the touchstone of liberalism, it examines the synergistic relationship between these bodies of law and the nature of the conflicts that they govern. Robert P. Barnidge, Jr. is to be commended for bringing together such an accomplished group of original thinkers to examine this dynamic from different perspectives.' Michael Schmitt, United States Naval War College, USAMore details
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 22 mm
Weight
658 gr
ISBN-13
978-1-4094-6739-7 (9781409467397)
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
Book
11/2016
1st Edition
Routledge
€51.70
Shipment within 10-20 days
E-Book
03/2016
Routledge
€44.99
Available for download
E-Book
03/2016
Routledge
€44.99
Available for download
Persons
Dr Robert P. Barnidge, Jr is Associate Professor, Assistant Dean (Continuing and Executive Education) and Executive Director, Centre for International Legal Studies, at O.P. Jindal Global University. His educational achievements include: BA (Notre Dame), JD (Chapel Hill), LLM (Amsterdam), PhD (Queen's Belfast). He is a licensed attorney in the state of Missouri, USA. His research interests are in the areas of: Public International Law, International Humanitarian Law, International Human Rights Law, United Nations Law, State Responsibility, Terrorism, and he has published widely in these and related areas.
Content
Introduction, Robert P. BarnidgeJr; Part I Applying International Human Rights Law; Chapter 1 How Has the Prohibition of Torture Survived 11 September 2001?, Malcolm D. Evans; Chapter 2 The 'Global Dance' of Humanity and Legality: Terror, Migration and Human Rights, Colin Harvey; Chapter 3 The Responsibility to Protect: Lessons from Libya and Syria, J. Craig Barker; Chapter 4 The United Nations Human Rights Committee and Counter-Terrorism Measures of States Parties to the International Covenant on Civil and Political Rights after 11 September 2001, Sandy Ghandhi; Part II International Humanitarian Law and Today's "New Wars"; Chapter 5 Civilian Casualties and Drone Attacks: Issues in International Humanitarian Law, Susan Breau; Chapter 6 The 'New Wars' of Children or on Children? International Humanitarian Law and the 'Underaged Combatant', Noelle Quenivet; Chapter 7 Spatial Conceptions of the Law of Armed Conflict, Louise Arimatsu; Chapter 8 An Assessment of Cyber Warfare Issues in Light of International Humanitarian Law, Kalliopi Chainoglou; Part III Islamic Law and its Interface with International Law; Chapter 9 The Islamic Law of Qital and the Law of Armed Conflict: A Comparison, Niaz A. Shah; Chapter 10 Islam as a Religion of Peace: An Articulated Reply to Terrorism, Anicee Van Engeland; Chapter 11 Islamic Law after the Arab Spring: The Challenges of Islamism and Modernity, John Strawson; afterword A Liberal Way to War? International Law and Two Centuries of 'Benevolent Aggression', David Turns1 The views expressed herein are entirely personal to the author and do not represent any policies or opinions held by Her Majesty's Government, the Ministry of Defence or the British Armed Forces.;