The War on Terror and the Laws of War
A Military Perspective
2nd Edition
Published on 29. January 2015
Book
Paperback/Softback
277 pages
978-0-19-022141-6 (ISBN)
Description
Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001.
In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
Reviews / Votes
In this well-timed revision to the first edition published in 2009, the authors allow the reader to benefit from their unique yet balanced perspectives as they address some of the most pressing issues in the enduring campaign to defeat terrorism insofar as they concern the laws of war. The six authors, all of whom served in some capacity in the Armed Forces of the United States of America (USA), confess not to provide a critical analysis of the official characterisation of the War on Terror as a genuine armed conflict under international humanitarian law. * Ben Stanford, Utrecht Journal of International and European Law * This book will be a valuable source for lawyers and others lacking a military background interested in the rules for carrying out military operations against transnational terrorists. An especially timely examination of the changing laws of war." * Professor Williams Banks,Syracuse University School of Law
* Issues of targeting, detention, interrogation, and prosecution are among the most pressing and controversial questions in our politics today. Some say the treatment of these topics in the laws of war must evolve in order to account for the changing face of armed conflict, while others argue that the case for new rules has not been made, and in any event disagreement abounds as to when the laws of war apply at all. Unfortunately, we don't often hear the perspective of military practitioners in this debate. This indispensable volume closes that gap, and is a must-read for experts and novices alike." * Professor Robert M. Chesney,
University of Texas School of Law, Member of the U.S. Dept. of Justice's Gitmo Task Force
* The authors' blend of scholarly perspective with military experience makes the discussion of intricate legal issues relating to the declared 'war on terror' more captivating." * Gentian Zyberi
International Law Observer * The best new book you can read on the subject. . . Rarely does one get the chance to read a careful, academic analysis written from the vantage point of scholars with such extensive experience with so many different facets of the subject of their study" * Jeffrey Kahn, ConcurringOpinions.com
*
More details
Series
Edition
2nd Revised edition
Language
English
Place of publication
New York
United States
Target group
College/higher education
Professional and scholarly
Edition type
Revised edition
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 18 mm
Weight
521 gr
ISBN-13
978-0-19-022141-6 (9780190221416)
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
Geoffrey S. Corn | James A. Schoettler, Jr. | Dru Brenner-Beck
The War on Terror and the Laws of War
A Military Perspective
Book
02/2015
2nd Edition
Oxford University Press Inc
€170.40
Shipment within 15-20 days
Geoffrey S. Corn | Jr. James A. Schoettler | Dru Brenner-Beck
The War on Terror and the Laws of War
A Military Perspective
E-Book
12/2014
2nd Edition
OUP eBook
€41.49
Available for download
Geoffrey S. Corn | Jr. Schoettler | Dru Brenner-Beck
The War on Terror and the Laws of War
A Military Perspective
E-Book
12/2014
2nd Edition
OUP eBook
€41.49
Available for download
Persons
Geoffrey S. Corn is The Presidential Research Professor of Law at South Texas College of Law in Houston Texas, who retired in 2004 from the U.S. Army as Lieutenant Colonel (Retired). Professor Corn's teaching and scholarship focuses on the law of armed conflict, national security law, criminal law and procedure, and prosecutorial ethics.
James A. Schoettler, Jr. is an Adjunct Professor of Law at the Georgetown University Law Center. He is a retired U.S. Army Colonel, with 30 years of service as a Judge Advocate on active duty and in the Army Reserve.
Dru Brenner-Beck is an attorney in private practice in Littleton, Colorado, and consults on international law matters. She served in the U.S. Army initially as a Military Intelligence officer, and then as a member of the Judge Advocate General's Corps. She is also the current President of the National Institute of Military Justice.
Victor M. Hansen is Associate Dean and Professor of Law at New England Law Boston. Professor Hansen holds a J.D., magna cum laude, from Lewis and Clark Law School. He is a co-author of the first edition of The War on Terror and the Laws of War. He previously served as a Lieutenant Colonel in the U.S. Army Judge Advocate General's Corps.
Richard B. "Dick" Jackson is the Special Assistant to the U.S. Army Judge Advocate General for Law of War Matters. He is a retired U.S. Army Colonel, with over 30 years of experience as an Infantryman and Judge Advocate. Mr. Jackson has written extensively and frequently lectured on law of war matters.
Eric Talbot Jensen is an Associate Professor at Brigham Young Law School in Provo, Utah, where he teaches Public International Law, US National Security Law, Criminal Law, and the Law of Armed Conflict. He has written a number of law review articles appearing in such journals as the Michigan Journal of International Law, International Law Studies, and the Minnesota Journal of International Law.
Michael W. Lewis is a professor of law at Ohio Northern University School of Law. He has written extensively on various aspects of the laws of war and the conflict between the US and al Qaeda. He served in the U.S. Navy from 1987-95 where he flew F-14's from the aircraft carrier USS Independence.
James A. Schoettler, Jr. is an Adjunct Professor of Law at the Georgetown University Law Center. He is a retired U.S. Army Colonel, with 30 years of service as a Judge Advocate on active duty and in the Army Reserve.
Dru Brenner-Beck is an attorney in private practice in Littleton, Colorado, and consults on international law matters. She served in the U.S. Army initially as a Military Intelligence officer, and then as a member of the Judge Advocate General's Corps. She is also the current President of the National Institute of Military Justice.
Victor M. Hansen is Associate Dean and Professor of Law at New England Law Boston. Professor Hansen holds a J.D., magna cum laude, from Lewis and Clark Law School. He is a co-author of the first edition of The War on Terror and the Laws of War. He previously served as a Lieutenant Colonel in the U.S. Army Judge Advocate General's Corps.
Richard B. "Dick" Jackson is the Special Assistant to the U.S. Army Judge Advocate General for Law of War Matters. He is a retired U.S. Army Colonel, with over 30 years of experience as an Infantryman and Judge Advocate. Mr. Jackson has written extensively and frequently lectured on law of war matters.
Eric Talbot Jensen is an Associate Professor at Brigham Young Law School in Provo, Utah, where he teaches Public International Law, US National Security Law, Criminal Law, and the Law of Armed Conflict. He has written a number of law review articles appearing in such journals as the Michigan Journal of International Law, International Law Studies, and the Minnesota Journal of International Law.
Michael W. Lewis is a professor of law at Ohio Northern University School of Law. He has written extensively on various aspects of the laws of war and the conflict between the US and al Qaeda. He served in the U.S. Navy from 1987-95 where he flew F-14's from the aircraft carrier USS Independence.
Author
The Presidential Research Professor of LawThe Presidential Research Professor of Law, South Texas College of Law
Adjunct Professor of LawAdjunct Professor of Law, Georgetown University Law Center
AttorneyAttorney, Private Practice, Littleton, Colorado
Associate Dean and Professor of LawAssociate Dean and Professor of Law, New England Law School Boston
Special AssistantSpecial Assistant, U.S. Army Judge Advocate General for Law of War Matters
Associate ProfessorAssociate Professor, Brigham Young Law School in Provo, Utah
Professor of LawProfessor of Law, Ohio Northern University School of Law
Major GeneralMajor General, United States Air Force
Content
Author Biographies ; Acknowledgments ; List of Treaties and Sources Frequently Cited in this Book ; Foreword to the Second Edition, by Major General (Retired) Charles J. Dunlap, Jr. ; Foreword to the First Edition, by Major General (Retired) Charles J. Dunlap, Jr. ; Introduction, by Geoffrey S. Corn ; Chapter 1 ; Legal Basis for the Use of Armed Conflict / by Geoffrey S. Corn ; Chapter 2 ; Triggering the Law of Armed Conflict? / by Geoffrey S. Corn ; Chapter 3 ; Targeting of Persons and Property / by Eric Talbot Jensen ; Chapter 4 ; Interrogation and Treatment of Detainees in the Global War on Terror / by Dick Jackson ; Chapter 5 ; Detention of Combatants and the War on Terror / by James A. Schoettler, Jr. ; Chapter 6 ; Trial and Punishment for Battlefield Misconduct / by Dru Brenner-Beck ; Chapter 7 ; Battlefield Perspectives on the Laws of War / by Michael W. Lewis ; Index