The Law of Targeting

by Boothby, William H.; Schmitt, Michael N.

• ISBN13: 9780199696611
• ISBN10: 0199696616
• Format: Hardcover
• Copyright: 2012-10-12
• Publisher: Oxford University Press

Summary

Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy. The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.

Author Biography

Bill Boothby recently retired as Deputy Director of Legal Services for the Royal Air Force. He served in Germany, Cyprus, Hong Kong, Croatia and in a variety of locations in the United Kingdom. In 2009 he was awarded a Doktor der Rechte degree in international law at the University of Frankfurt (Oder) in Germany and published his associated doctoral thesis with OUP under the title Weapons and the Law of Armed Conflict. He is on the Editorial Board of the UK Manual of the Law of Armed Conflict, and contributed as one of the group of experts to the Harvard Manual on the International Law of Air and Missile Warfare. He is currently engaged as a member of the core group of international law experts preparing a Manual on the International Law of Cyber Warfare. Following retirement from the RAF, he plans to teach international law at a number of Universities and to continue to write and speak on the subject.


Michael Schmitt is the Chairman of the International Law Department at the United States Naval War College. He has previously served as Chair of Public International Law at Durham University in the United Kingdom and as Dean of the Marshall Center in Germany. Professor Schmitt is presently Director of the a group of international law experts preparing a Manual on the International Law of Cyber Warfare, and has previously participated as an international expert in such efforts as the Harvard Manual on the International Law of Air and Missile Warfare. A retired US Air Force officer, Professor Schmitt sits on many advisory and editorial boards in the field of international law. He was the 2007-2008 Charles H. Stockton Professor at the US Naval War College and the 2006 Sir Ninian Stephen Scholar at Melbourne University.

Table of Contents

The Law of Targeting in Context

Introduction

Historical Evolution of the Law

Sources of the Law

Spectrum of Conflict

General Principles in the Law of Targeting

Fundamental Customary Principles and Customary Rules

The AP1 Rule of Distinction

The AP I Requirement to take Precautions in Attack

The Controversy Over the Notion of Direct Participation in Hostilities

The Controversy over Bombardment - What is the Required Degree of Care?

Particular Protections

The Protection of the Environment

Cultural Property

Objects Entitled to Special Protection

Weapons and Technologies

Weapons Law

Targeting Using Particular Technologies

Specific Media

Naval Warfare

Air Warfare

Space Warfare

Cyber Warfare

Practical Aspects of Contemporary Targeting

The Prosecution of Difficult Targets

Types of Warfare

Implementing the Law of Targeting

How States Implement the Distinction Principle

When Things go Wrong

Conclusion

The changing nature of conflict and the law of targeting

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