New Battlefields / Old Laws

by Banks, William C.

• ISBN13: 9780231152358
• ISBN10: 0231152353
• Format: Paperback
• Copyright: 2011-09-30
• Publisher: Columbia Univ Pr

Summary

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.

Author Biography

William C. Banks is professor of public administration at the Maxwell School of Syracuse University. He is also Board of Advisors Distinguished Professor at the university's College of Law and director of the Institute for National Security and Counterterrorism (INSCT). Since 1987, Banks has helped draw the parameters of national security law, coauthoring two leading texts in the field: National Security Law and Counterterrorism Law.

Table of Contents

Figures and Tables	p. vii
Introduction	p. 1
Toward an Adaptive International Humanitarian Law: New Norms for New Battlefields
Threshold Issues in Defining Twenty-first-Century Armed Conflicts
Extraterritorial Law Enforcement or Transnational Counterterrorist Military Operations: The Stakes of Two Legal Models	p. 23
Preventive Detention of Individuals Engaged in Transnational Hostilities: Do We Need a Fourth Protocol Additional to the 1949 Geneva Conventions?	p. 45
Status and Liabilities of Nonstate Actors Engaged in Hostilities
"Jousting at Windmills": The Laws of Armed Conflict in an Age of Terror-State Actors and Nonstate Elements	p. 67
Direct Participation in Hostilities: A Concept Broad Enough for Today's Targeting Decisions	p. 85
Nonstate Actors in Armed Conflicts: Issues of Distinction and Reciprocity	p. 106
Changing Twenty-first-Century Battlefields and Armed Forces
Children as Direct Participants in Hostilities: New Challenges for International Humanitarian Law and International Criminal Law	p. 133
Private Military Contractors and Changing Norms for the Laws of Armed Conflict	p. 150
Military Necessity and Humanitarian Priorities in International Humanitarian Law: Productive Tension or Irreconcilable Differences?
The Principle of Proportionality Under International Humanitarian Law and Operation Cast Lead	p. 171
Humanizing Irregular Warfare: Framing Compliance for Nonstate Armed Groups at the Intersection of Security and Legal Analyses	p. 190
Notes	p. 213
Contributor Bios	p. 289
Index	p. 293
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