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In Counterinsurgency Law, William Banks and several distinguished
contributors explore from an interdisciplinary legal and policy
perspective the multiple challenges that counterinsurgency
operations pose today to the rule of law - international,
humanitarian, human rights, criminal, and domestic. Addressing the
considerable challenges for the future of armed conflict, each
contributor in the book explores the premise that in COIN
operations, international humanitarian law, human rights law,
international law more generally, and domestic national security
laws do not provide adequate legal and policy coverage and guidance
for multiple reasons, many of which are explored in this book. A
second shared premise is that these problems are not only
challenges for the law in post-9/11 security environments-but
matters of policy with implications for the international community
and for global security more generally.
An internationally-recognized authority on constitutional law,
national security law, and counterterrorism, William C. Banks
believes changing patterns of global conflict 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 wars fought between disparate military forces, Banks's
collection 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. Both he and his contributors believe gaps in the laws of war
leave modern battlefields largely unregulated, and they fear 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 collection 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. While the
contributors contest each other, they ultimately reestablish the
legitimacy of a long-standing legal corpus, and they rehumanize an
environment in which the most vulnerable targets, civilian
populations, are themselves becoming weapons against conventional
power.
An internationally-recognized authority on constitutional law,
national security law, and counterterrorism, William C. Banks
believes changing patterns of global conflict 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 wars fought between disparate military forces, Banks's
collection 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. Both he and his contributors believe gaps in the laws of war
leave modern battlefields largely unregulated, and they fear 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 collection 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. While the
contributors contest each other, they ultimately reestablish the
legitimacy of a long-standing legal corpus, and they rehumanize an
environment in which the most vulnerable targets, civilian
populations, are themselves becoming weapons against conventional
power.
This book is part of the TREDITION CLASSICS series. The creators of
this series are united by passion for literature and driven by the
intention of making all public domain books available in printed
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save many of the amazing works of world literature from oblivion.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone
This scarce antiquarian book is included in our special Legacy
Reprint Series. In the interest of creating a more extensive
selection of rare historical book reprints, we have chosen to
reproduce this title even though it may possibly have occasional
imperfections such as missing and blurred pages, missing text, poor
pictures, markings, dark backgrounds and other reproduction issues
beyond our control. Because this work is culturally important, we
have made it available as a part of our commitment to protecting,
preserving and promoting the world's literature.
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone
This scarce antiquarian book is included in our special Legacy
Reprint Series. In the interest of creating a more extensive
selection of rare historical book reprints, we have chosen to
reproduce this title even though it may possibly have occasional
imperfections such as missing and blurred pages, missing text, poor
pictures, markings, dark backgrounds and other reproduction issues
beyond our control. Because this work is culturally important, we
have made it available as a part of our commitment to protecting,
preserving and promoting the world's literature.
This is an EXACT reproduction of a book published before 1923. This
IS NOT an OCR'd book with strange characters, introduced
typographical errors, and jumbled words. This book may have
occasional imperfections such as missing or blurred pages, poor
pictures, errant marks, etc. that were either part of the original
artifact, or were introduced by the scanning process. We believe
this work is culturally important, and despite the imperfections,
have elected to bring it back into print as part of our continuing
commitment to the preservation of printed works worldwide. We
appreciate your understanding of the imperfections in the
preservation process, and hope you enjoy this valuable book.
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