Israeli Prisoner of War Policies: From the 1949 Armistice to the 2006 Kidnappings examines the development of Israel's policies toward prisoners of war across multiple conflicts. Taking POWs is an indication of strength and a method of deterrence. However, the conditions leading to the release of POWs are often the result of the asymmetry in diplomatic power between two parties, or, as in the case of Israel, the gap between military might and diplomatic weakness within a single country. Consequently, the issue of POWs and their military and diplomatic significance represents at least two levels of actors' behavior: what the criteria should be for taking POWs and what mechanism should be employed and what price should be paid in order to secure their release. Studying the prisoner exchange deals involving Israel reveals three eras in the emergence of Israeli POW policy. Israel has had no comprehensive policy or guiding set of directives. The lack of a well-established policy was not only the result of the unstable nature of Israeli politics, but was to a large extent the result of the tendency of most Israeli cabinets to delay critical decisions. Successive Israeli governments have witnessed three distinct periods of conflict requiring unique approaches to POWs: a confrontation with nation states, 1948/49 to the June 1967 War; a mixed challenge posed by national and sub-national players, 1967 to the aftermath of the October 1973 War; and the long battle with sub-national actors, first Palestinians and later Shi'ite and Sunni Muslims. This volume seeks to apply the lessons of Israel's complex POW policies to conflicts around the world.

Das Buch bietet eine umfassende, interdisziplinare Untersuchung der Wechselbeziehungen zwischen gesundheitlichem Verbraucherschutz und grenzuberschreitendem Lebensmittelhandel, wie sie sich wahrend der letzten 50 Jahre durch die Interaktion der relevanten internationalen Institutionen (GATT/WTO und Codex Alimentarius) entwickelt haben. Die langfristige Perspektive, die Analyse einer grossen Zahl bisher wenig beachteter Dokumente sowie Beobachtungen aus erster Hand ermoeglichen eine differenzierte Bewertung der Effektivitat und Legitimitat des entstandenen "Regimeverbundes".

This book fills gaps in the exploration of the protection of cultural heritage in armed conflict based on the World Heritage Convention. Marina Lostal offers a new perspective, designating a specific protection regime to world cultural heritage sites, which is so far lacking despite the fact that such sites are increasingly targeted. Lostal spells out this area's discrete legal principles, providing accessible and succinct guidelines to a usually complex web of international conventions. Using the conflicts in Syria, Libya and Mali (among others) as case studies, she offers timely insight into the phenomenon of cultural heritage destruction. Lastly, by incorporating the World Heritage Convention into the discourse, this book fulfills UNESCO's long-standing project of exploring 'how to promote the systemic integration between the [World Heritage] Convention of 1972 and the other UNESCO regimes'. It is sure to engender debate and cause reflection over cultural heritage and protection regimes.

Der Autor pruft, welches Mass an Sorgfalt die Organe einer Aktiengesellschaft beim An- und Verkauf von Finanztiteln an den Tag zu legen haben. Das Kernstuck der Studie bildet eine Untersuchung, inwieweit die an einen professionellen Vermoegensverwalter zu stellenden Sorgfaltsanforderungen zur Prazisierung der Vorstandspflichten beim Wertpapiererwerb herangezogen werden koennen. Verstossen Mitglieder des Vorstands gegen diese Verhaltensstandards, so besteht die Gefahr, im Falle verlustreicher Anlagegeschafte Regressforderungen der eigenen Gesellschaft ausgesetzt zu sein. Anschliessend wird auch die UEberwachungstatigkeit des Aufsichtsrats bei derartigen Geschaften naher beleuchtet.

Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.

In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 141, Hybrid Warfare and the Gray Zone Threat, considers the mutation of the international security environment brought on by decades of unrivaled U.S. conventional military power. The term "hybrid warfare" encompasses conventional warfare, irregular warfare, cyberwarfare, insurgency, criminality, economic blackmail, ethnic warfare, "lawfare", and the application of low-cost but effective technologies to thwart high-cost technologically advanced forces. This volume is divided into five sections covering different aspects of this topic, each of which is introduced by expert commentary written by series editor Douglas C. Lovelace, Jr. This volume contains thirteen useful documents exploring various facets of the shifting international security environment, including a detailed report on hybrid warfare issued by the Joint Special Operations University and a White Paper on special operations forces support to political warfare prepared by the U.S. Army Special Operations Command, as well as a GAO report and a CRS report covering similar topics. Specific coverage is also given to topics such as cybersecurity and cyberwarfare, the efficacy of sanctions in avoiding and deterring hybrid warfare threats, and the intersection of the military and domestic U.S. law enforcement.

In the past decade, the United States has rapidly deployed militarized drones in theaters of war for surveillance as well as targeted killing. The swiftness with which drones were created and put into service has outstripped the development of an associated framework for discussing them, with the result that basic conversations about these lethal weapons have been stymied for a lack of a shared rhetoric. Marouf Hasian's Drone Warfare and Lawfare in a Post-Heroic Age fills that critical gap. With a growing fleet of more than 7,500 drones, these emblems of what one commentary has dubbed "push-button, bloodless wars" comprise as much as a third of the US aircraft force. Their use is hotly debated, some championing air power that doesn't risk the lives of pilots, others arguing that drone strikes encourage cycles of violence against the United States, its allies, and interests. In this landmark study, Hasian illuminates both the discursive and visual argumentative strategies that drone supporters and critics both rely on. He comprehensively reviews how advocates and detractors parse and re-contextualize drone images, casualty figures, governmental "white papers," NGO reports, documentaries, and blogs to support their points of view. He unpacks the ideological reflexes and assumptions behind these legal, ethical, and military arguments. Visiting both formal legal language used by legislators, political leaders, and policy makers as well as public, vernacular commentaries about drones, Drone Warfare and Lawfare in a Post-Heroic Age dispassionately illuminates the emotive, cognitive, and behavioral strategies partisans use to influence public and official opinion.

Dieses Lernbuch richtet sich in erster Linie an Jurastudenten, die sich auf die steuerrechtlichen Klausuren im ersten und zweiten Examen vorbereiten. Es soll nicht nur dazu dienen, bereits erworbene Kenntnisse in Prufungssituationen anzuwenden, sondern auch im Rahmen der Fallbearbeitung examensrelevantes Wissen zu erlernen. Die Falle wurden in der bekannten Heidelberger Examensvorbereitung erprobt und bilden einen wesentlichen Bestandteil der steuerrechtlichen Vorbereitung. Bis auf zwei Einfuhrungsfalle orientieren sich die ausformulierten Loesungen ausnahmslos am Examensniveau und weisen dabei einen ansteigenden Schwierigkeitsgrad auf. Thematisch entstammen die Aufgaben vor allem dem Einkommen- und Koerperschaftsteuerrecht und nehmen dabei aktuelle Entwicklungen auf. Anstatt Einzelprobleme aneinanderzureihen, foerdern die komplexen und praxisnahen Sachverhalte die System- und Fallloesungskompetenz.

In a world that is increasingly unstable, intelligence services like the American CIA and the United Kingdom's MI6 exist to deliver security. Whether the challenge involves terrorism, cyber-security, or the renewed specter of great power conflict, intelligence agencies mitigate threats and provide decisional advantage to national leaders. But empowered intelligence services require adequate supervision and oversight, which must be about more than the narrow (if still precarious) task of ensuring the legality of covert operations and surveillance activities. Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable.

Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional issues, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them.

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to 'arrest' without warrant, 'destroy property' and 'shoot to kill,' besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: "AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped." On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a 'functional requirement' of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.

Ziel der Arbeit ist die umfassende Darstellung und rechtliche Wurdigung des Biosafety-Protokolls sowie seiner Auswirkungen auf das Welthandelssystem der WTO. Im ersten Teil wird eine Einfuhrung in die Grune Gentechnik, ihre Grundlagen, Chancen und Risiken gegeben; der zweite Teil behandelt dann das Biosafety-Protokoll, seine Entstehung, Inhalte und Einbindung in das internationale Regelungsgeflecht. Im Anschluss daran werden die Auswirkungen des Protokolls auf das System der WTO analysiert. UEberpruft wird die Vereinbarkeit des Handels mit LMOs nach den Vorgaben des Biosafety-Protokolls mit den Vorschriften des WTO/GATT-Systems, um anschliessend daran Gedanken fur eine gemeinsame Koexistenz abzuleiten, die einen fairen Ausgleich aus Sicht der Struktur des WTO/GATT-Systems berucksichtigt.

In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.

This book seeks to explore and compare the right to counsel that has been afforded the American serviceman and that which has been granted his citizen counterpart in the civil courts. The civil and constitutional rights of the serviceman and the civilian in the context of criminal prosecutions are implemented in two distinct legal settings a civil system of state and federal courts, including the United States Supreme Court, and a military system composed of courts martial, boards of review, and the United States Court of Military Appeals. The author's primary thesis suggests that in a political system in which individual preferences are given equal weight, the values of the priorities adopted in the civil society will inevitably encroach upon the variant values of any military sub-society involving substantial numbers of people who participate in both. S. Sidney Ulmer is professor of political science at the University of Kentucky.

Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.