William Banks (ed.)
- Published in print:
- 2011
- Published Online:
- November 2015
- ISBN:
- 9780231152358
- eISBN:
- 9780231526562
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231152358.001.0001
- Subject:
- Political Science, Political Economy
This book argues that changing patterns of global armed conflicts are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of ...
More
This book argues that changing patterns of global armed conflicts are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical warfare fought between disparate military forces, this book analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. The text explains that gaps in the laws of war leave modern battlefields largely unregulated, and the fear is that state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this book juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity.Less
This book argues that changing patterns of global armed conflicts are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical warfare fought between disparate military forces, this book analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. The text explains that gaps in the laws of war leave modern battlefields largely unregulated, and the fear is that state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this book juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity.
