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This book offers a multidisciplinary treatment of targeting. It is
intended for use by the military, government legal advisers and
academics. The book is suitable for use in both military training
and educational programs and in Bachelor and Master degree level
courses on such topics as War Studies and Strategic Studies. The
book first explores the context of targeting, its evolution and the
current targeting process and characteristics. An overview of the
legal and ethical constraints on targeting as an operational
process follows. It concludes by surveying contemporary issues in
targeting such as the potential advent of autonomous weapon
systems, 'non-kinetic' targeting, targeting in multinational
military operations and leadership decapitation in
counter-terrorism operations. The deep practical experience and
academic background of the contributors ensures comprehensive
treatment of current targeting and use of force issues. Paul
Ducheine is Professor for Cyber Operations and Cyber Security,
Netherlands Defence Academy, Breda, The Netherlands; and Professor
of Law of Military Cyber Operations and Cyber Security at the
University of Amsterdam, The Netherlands. Michael Schmitt is
Charles H. Stockton Professor & Director, Stockton Center for
the Study of International Law, U.S. Naval War College, Newport,
Rhode Island, and Professor of Public International Law, University
of Exeter, UK. Frans Osinga is Chair of the War Studies Department,
Netherlands Defence Academy, Breda, The Netherlands, and Professor
of Military Operational Art and Sciences.
From June 25 to 27, 2008, the Naval War College had the honor to
convene an International Law Expert's Workshop, "The War in
Afghanistan - A Legal Analysis." This volume captures the legal
lessons of the war in Afghanistan as reported, studied and debated
by a rare gathering of eminent scholars and practitioners of
international law. The workshop's mission was to provide a
comprehensive legal examination of the Afghan conflict-from the
decision to use force, to the manner with which force was employed,
to the legal construct for the evolution of military operations
transitioning away from the use of force. Renowned international
academics and legal advisers, both military and civilian,
representing military, diplomatic, nongovernmental and academic
institutions from throughout the world contributed to the workshop
and this volume.
The Yearbook of International Humanitarian Law is the world's only
annual publication devoted to the study of the laws governing armed
conflict. It provides a truly international forum for high-quality,
peer-reviewed academic articles focusing on this crucial branch of
international law. Distinguished by contemporary relevance, the
Yearbook of International Humanitarian Law bridges the gap between
theory and practice and serves as a useful reference tool for
scholars, practitioners, military personnel, civil servants,
diplomats, human rights workers and students.
This collection of essays by Professor Michael N. Schmitt of Durham
University draws together those of his articles published over the
past two decades that have explored particular fault lines in the
law of armed conflict. As such, they examine the complex interplay
between warfare and law, seeking to identify where the law and
warfare appear to diverge, and where such apparent divergence can
be accommodated through contextual interpretation of the law. Each
essay examines a particular issue in either the jus ad bellum (the
law governing resort to force) or jus in bello (international
humanitarian law) that has proven contentious in terms of applying
extant norms to the evolving face of armed conflict. Among the
topics addressed are counter-terrorism, cyber operations,
asymmetrical warfare, assassination, environmental warfare and the
participation of civilians in hostilities.
The book overviews a wide range of vocabulary research
methodologies, and offers practical advice on how to carry out
valid and reliable research on first and second language
vocabulary. It includes a Resources section which outlines the
lexical tests, corpora, software, internet sites, and other
resources available to vocabulary researchers.
This volume is the first of two addressing the legal regime
governing the use of force during armed conflicts. Traditionally
labeled 'Hague Law', today the norms it examines are commonly
referred to as 'conduct of hostilities rules'. At the heart of this
body of law is the principle of distinction, which requires that
civilians and civilian objects be distinguished from combatants and
military objectives during military operations. It is the purest
expression of the foundational balance between humanitarian
considerations and military necessity that has underpinned
international humanitarian law since its inception. The essays
selected consider the theoretical and practical difficulties of
maintaining the balance in the face of evolving means and methods
of warfare and competing perspectives as to how it is best
achieved. Also addressed is the law governing warfare at sea and in
the air. Essays focusing on the former examine early norms and
analyze their continuing relevance to today's maritime operations
whilst those exploring the latter inject much needed clarity into
the subject, an essential task in light of the centrality of aerial
warfare in modern combat operations.
The essays selected for this second volume on the conduct of
hostilities examine discrete topics of international humanitarian
law that are particularly relevant to 21st century warfare. It
commences with an examination of the adequacy of traditional
weapons law in the face of modern weaponry that could not have been
conceived of at the time the norms were originally fashioned.
Humanitarian law's protection of certain persons and objects is
also addressed, especially with regard to loss of protection for
civilians who participate in hostilities and to the special
protections enjoyed by vulnerable groups and individuals. The
essays not only set forth competing contemporary perspectives, but
also illustrate how earlier generations of humanitarian lawyers
struggled with many of the same issues. The essays equally
illustrate humanitarian law's adaptability to changing
sensitivities, as in the case of protection of the environment
during armed conflict. The final essay analyzes perfidy, a
violation of the law that weaker parties in asymmetrical conflicts
are increasingly adopting as an operational tactic.
Detention and occupation are two challenging aspects of
international humanitarian law in 21st century warfare. The essays
selected for this volume examine the historical foundations of
these issues, as well as the contemporary practices surrounding
them. Detention law was prominently codified in the 1949 Third and
Fourth Geneva Conventions, but has been criticized as inadequate in
the face of 'new wars' involving non-State actors such as
insurgents and terrorists. These essays not only explore
historically problematic detention issues like repatriation and the
protecting powers regime, but also question whether the extant law
suffices to ensure a proper balance between humanitarian
considerations and a detaining State's security concerns.
Occupation law was originally designed for temporary occupations
that maintained the occupied State's institutions pending return of
full authority, but has been tested by recent occupations which are
often prolonged and which sometimes seek to 'transform' occupied
States previously governed by undemocratic and abusive regimes. The
essays demonstrate that these are not novel issues and consider how
they were handled in the past. They also assess various
perspectives as to the purposes and limits of occupation,
especially in the face of modern imperatives such as human rights.
The essays selected for this volume explore the entire range of
issues related to the question of how to implement and enforce
international humanitarian law. Measures of self-help that used to
play a key role in past international armed conflicts, especially
reprisals, have increasingly been outlawed, and thus the
enforcement of international humanitarian law has now to be
achieved by other means, including criminal proceedings against
those who have seriously (or gravely) committed war crimes.
Accordingly, the concept of grave breaches, the universality
principle and international criminal law are dealt with extensively
in this collection. Finally, the volume includes an examination of
the practice of 'lawfare' (an abuse of international humanitarian
law for military or political purposes) which has proven
increasingly effective in contemporary armed conflict.
The Yearbook of International Humanitarian Law is the world's only
annual publication devoted to the study of the laws governing armed
conflict. It provides a truly international forum for high-quality,
peer-reviewed academic articles focusing on this crucial branch of
international law. Distinguished by contemporary relevance, the
Yearbook of International Humanitarian Law bridges the gap between
theory and practice and serves as a useful reference tool for
scholars, practitioners, military personnel, civil servants,
diplomats, human rights workers and students.
This collection of essays by Professor Michael N. Schmitt of Durham
University draws together those of his articles published over the
past two decades that have explored particular fault lines in the
law of armed conflict. As such, they examine the complex interplay
between warfare and law, seeking to identify where the law and
warfare appear to diverge, and where such apparent divergence can
be accommodated through contextual interpretation of the law. Each
essay examines a particular issue in either the jus ad bellum (the
law governing resort to force) or jus in bello (international
humanitarian law) that has proven contentious in terms of applying
extant norms to the evolving face of armed conflict. Among the
topics addressed are counter-terrorism, cyber operations,
asymmetrical warfare, assassination, environmental warfare and the
participation of civilians in hostilities.
"Researching Vocabulary" is written for language researchers who
want to carry out valid and reliable studies on first and second
language vocabulary. The author is a well-known vocabulary
researcher and he outlines the dos and don'ts of good lexical
research. Practical advice is given on a wide variety of research
methodologies, ranging from paper-and-pencil tests of acquisition
to the newest psycholinguistic techniques utilizing fMRI scanning.
Some of the many topics include initial learning of the
form-meaning link, attrition, the role of frequency and the L1 in
vocabulary research, receptive and productive knowledge of
vocabulary, formulaic language, word associations, vocabulary
measurement, vocabulary learning strategies, and computer
simulations of vocabulary acquisition. The book includes a
Resources section which outlines the lexical tests, corpora,
software, internet sites, and other resources available to
vocabulary researchers. A list of past and present vocabulary
researchers, annotated with their specialisms, is also
provided.
In 2021, the International Committee of the Red Cross released its
Commentary on the 1949 Geneva Convention Relative to the Treatment
of Prisoners of War (POWs). The new document updated the 1960
"Pictet Commentary." As a result, the attention of the
law-of-armed-conflict community was refocused on the designation
and treatment of POWs. The Lieber Institute for Law and Warfare at
West Point launched a project to further examine the subject. The
result is this book. Sadly, world events have made that examination
especially timely. Unlike the ICRC's updated Commentary, this book
is not meant to be a comprehensive treatment of the international
law relating to POWs. Rather, it is a collection of capita selecta
identified by the contributors as meriting further examination -
either because they are unsettled, inadequately addressed in the
literature, or operationally problematic. The work is in three
parts. Part I examines qualification for POW status. Discussion
then moves in Part II to the treatment to which POWs are entitled.
Part III concludes with a consideration of the historical relevance
of, and perspectives on, the international law governing POWs. As
the drafters of the Third Geneva Convention emphasized over seventy
years ago, the aim of the law is "to mitigate as far as possible,
the inevitable rigours [of a war] and to alleviate the condition of
prisoners of war." It is through that lens that scholars and
practitioners should consider the rules governing POWs, and with
which they should approach this book.
Tallinn Manual 2.0 expands on the highly influential first edition
by extending its coverage of the international law governing cyber
operations to peacetime legal regimes. The product of a three-year
follow-on project by a new group of twenty renowned international
law experts, it addresses such topics as sovereignty, state
responsibility, human rights, and the law of air, space, and the
sea. Tallinn Manual 2.0 identifies 154 'black letter' rules
governing cyber operations and provides extensive commentary on
each rule. Although Tallinn Manual 2.0 represents the views of the
experts in their personal capacity, the project benefitted from the
unofficial input of many states and over fifty peer reviewers.
Tallinn Manual 2.0 expands on the highly influential first edition
by extending its coverage of the international law governing cyber
operations to peacetime legal regimes. The product of a three-year
follow-on project by a new group of twenty renowned international
law experts, it addresses such topics as sovereignty, state
responsibility, human rights, and the law of air, space, and the
sea. Tallinn Manual 2.0 identifies 154 'black letter' rules
governing cyber operations and provides extensive commentary on
each rule. Although Tallinn Manual 2.0 represents the views of the
experts in their personal capacity, the project benefitted from the
unofficial input of many states and over fifty peer reviewers.
The applicability of international humanitarian law requires the
existence of an armed conflict that is either international or
non-international in character. Accordingly, the concept of armed
conflict (as well as the related notion of war) and its temporal
and material limits are the focus of the reprinted essays which
open this volume. Subsequent articles address highly contentious
issues regarding the relationship between the jus in bello and
international humanitarian law on the one hand, and the jus ad
bellum and international human rights law on the other, as well as
the closely related principle of the equal application of
international humanitarian law. In the light of contemporary
conflicts, essays consider the legal position of States that have
chosen not to become a party to an ongoing international armed
conflict (law of neutrality) as well as the question of whether and
to what extent international humanitarian law provides rules
governing counter-terrorism operations, that is, the 'global war on
terror'. Taken together, these essays provide a comprehensive
analytical survey of the scope and applicability of international
humanitarian law.
The essays selected for this second volume on the conduct of
hostilities examine discrete topics of international humanitarian
law that are particularly relevant to 21st century warfare. It
commences with an examination of the adequacy of traditional
weapons law in the face of modern weaponry that could not have been
conceived of at the time the norms were originally fashioned.
Humanitarian law's protection of certain persons and objects is
also addressed, especially with regard to loss of protection for
civilians who participate in hostilities and to the special
protections enjoyed by vulnerable groups and individuals. The
essays not only set forth competing contemporary perspectives, but
also illustrate how earlier generations of humanitarian lawyers
struggled with many of the same issues. The essays equally
illustrate humanitarian law's adaptability to changing
sensitivities, as in the case of protection of the environment
during armed conflict. The final essay analyzes perfidy, a
violation of the law that weaker parties in asymmetrical conflicts
are increasingly adopting as an operational tactic.
Detention and occupation are two challenging aspects of
international humanitarian law in 21st century warfare. The essays
selected for this volume examine the historical foundations of
these issues, as well as the contemporary practices surrounding
them. Detention law was prominently codified in the 1949 Third and
Fourth Geneva Conventions, but has been criticized as inadequate in
the face of 'new wars' involving non-State actors such as
insurgents and terrorists. These essays not only explore
historically problematic detention issues like repatriation and the
protecting powers regime, but also question whether the extant law
suffices to ensure a proper balance between humanitarian
considerations and a detaining State's security concerns.
Occupation law was originally designed for temporary occupations
that maintained the occupied State's institutions pending return of
full authority, but has been tested by recent occupations which are
often prolonged and which sometimes seek to 'transform' occupied
States previously governed by undemocratic and abusive regimes. The
essays demonstrate that these are not novel issues and consider how
they were handled in the past. They also assess various
perspectives as to the purposes and limits of occupation,
especially in the face of modern imperatives such as human rights.
This volume is the first of two addressing the legal regime
governing the use of force during armed conflicts. Traditionally
labeled 'Hague Law', today the norms it examines are commonly
referred to as 'conduct of hostilities rules'. At the heart of this
body of law is the principle of distinction, which requires that
civilians and civilian objects be distinguished from combatants and
military objectives during military operations. It is the purest
expression of the foundational balance between humanitarian
considerations and military necessity that has underpinned
international humanitarian law since its inception. The essays
selected consider the theoretical and practical difficulties of
maintaining the balance in the face of evolving means and methods
of warfare and competing perspectives as to how it is best
achieved. Also addressed is the law governing warfare at sea and in
the air. Essays focusing on the former examine early norms and
analyze their continuing relevance to today's maritime operations
whilst those exploring the latter inject much needed clarity into
the subject, an essential task in light of the centrality of aerial
warfare in modern combat operations.
The essays selected for this volume explore the entire range of
issues related to the question of how to implement and enforce
international humanitarian law. Measures of self-help that used to
play a key role in past international armed conflicts, especially
reprisals, have increasingly been outlawed, and thus the
enforcement of international humanitarian law has now to be
achieved by other means, including criminal proceedings against
those who have seriously (or gravely) committed war crimes.
Accordingly, the concept of grave breaches, the universality
principle and international criminal law are dealt with extensively
in this collection. Finally, the volume includes an examination of
the practice of 'lawfare' (an abuse of international humanitarian
law for military or political purposes) which has proven
increasingly effective in contemporary armed conflict.
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