This book looks at the evolving relationship between war and
international law, examining the complex practical and legal
dilemmas posed by the changing nature of war in the contemporary
world, whether the traditional rules governing the onset and
conduct of hostilities apply anymore, and how they might be adapted
to new realities. War, always messy, has become even messier today,
with the blurring of interstate, intrastate, and extrastate
violence. How can the United States and other countries be expected
to fight honourably and observe the existing norms when they often
are up against an adversary who recognizes no such obligations?
Indeed, how do we even know whether an "armed conflict" is underway
when modern wars tend to lack neat beginnings and endings and seem
geographically indeterminate, as well? What is the legality of
anticipatory self-defense, humanitarian intervention, targeted
killings, drones, detention of captured prisoners without POW
status, and other controversial practices? These questions are
explored through a review of the United Nations Charter, Geneva
Conventions, and other regimes and how they have operated in recent
conflicts. Through a series of case studies, including the U.S. war
on terror and the wars in Afghanistan, Iraq, Gaza, Kosovo, and
Congo, the author illustrates the challenges we face today in the
ongoing effort to reduce war and, when it occurs, to make it more
humane.
General
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