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"Laws of war"
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Wars of Law
In Wars of Law , Tanisha M. Fazal assesses the
unintended consequences of the proliferation of the laws of war for
the commencement, conduct, and conclusion of wars over the course
of the past one hundred fifty years.
Fazal outlines three main arguments: early laws of war favored
belligerents, but more recent additions have constrained them; this
shift may be attributable to a growing divide between lawmakers and
those who must comply with international humanitarian law; and
lawmakers have been consistently inattentive to how rebel groups
might receive these laws. By using the laws of war strategically,
Fazal suggests, belligerents in both interstate and civil wars
relate those laws to their big-picture goals.
Why have states stopped issuing formal declarations of war? Why
have states stopped concluding formal peace treaties? Why are civil
wars especially likely to end in peace treaties today? In
addressing such questions, Fazal provides a lively and intriguing
account of the implications of the laws of war.
eBook
Talking While Fighting: Understanding the Role of Wartime Negotiation
Contemporary studies of conflict have adopted approaches that minimize the importance of negotiation during war or treat it as a constant and mechanical activity. This is strongly related to the lack of systematic data that track and illustrate the complex nature of wartime diplomacy. I address these issues by creating and exploring a new daily-level data set of negotiations in all interstate wars from 1816 to the present. I find strong indications that post-1945 wars feature more frequent negotiations and that these negotiations are far less predictive of war termination. Evidence suggests that increased international pressures for peace and stability after World War II, especially emanating from nuclear weapons and international alliances, account for this trend. These original data and insights establish a dynamic research agenda that enables a more policy-relevant study of conflict management, highlights a historical angle to conflict resolution, and speaks to the utility of viewing diplomacy as an essential dimension to understanding war.
Journal Article
In flight from conflict and violence : UNHCR's consultations on refugee status and other forms of international protection
\"The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise\"-- Provided by publisher.
Book
Law and War in the Virtual Era
Since the first attempts by states to use law to regulate armed conflict, legal constraints have often failed to protect civilians from the adverse effects of war. Advances in military technology have usually not improved this situation and have instead made law even more distant and less relevant to the suffering of civilians in wartime. The massive, indiscriminate incendiary bombing campaigns against major urban areas in World War II spoke volumes about the irrelevance of fundamental legal principles and rules designed to protect civilian populations in wartime. Law and lawyers were in fact far removed, physically and operationally, from the cockpits of the United States bombers flying over Tokyo, whose aircrews were focused on surviving their missions. They struggled with limited information about their assigned targets and conducted their operations with rudimentary preflight instructions that directed them, for example, to avoid destroying the palace of the Japanese emperor but left them free to submerge entire residential areas of the city in a sea of flames.
Journal Article
The Detention of Civilians in Armed Conflict
In the armed conflict between the United States and Al Qaeda, the legality of the government's detention scheme has been mired in confusion. The lack of clarity is especially acute with respect to the substantive criteria for defining who may be detained. A crucial determinant of the lawfulness of the scheme is whether international humanitarianlaw (IHL) permits the preventive detention of civilians, or particular groups of civilians. In addressing that issue, leading lawmakers, litigators, and adjudicators have misconstrued or misappropriated aspects of the IHL regime. Indeed, the confusion surrounding the current and future direction of U.S.detention policy stems in significant part from those misconceptions or misuses of the law.
Journal Article
The Demise of Peace Treaties in Interstate War
The conclusion of peace treaties following war was a norm of international politics for millennia. Since approximately 1950, however, the rate at which interstate wars have ended with a formal peace treaty has declined dramatically. I argue that the costs of concluding peace treaties have risen with the development of the modern canon of the law of war. Using an original data set, I find that states today prefer to avoid admitting to a state of war and risk placing their leaders and soldiers at risk of punishment for any violations of the law of war.
Journal Article