New Wars, New Laws?

by Wippman, David H.; Evangelista, Matthew; Evangelista, Michael

• ISBN13: 9781571053152
• ISBN10: 1571053158
• Format: Hardcover
• Copyright: 2005-02-28
• Publisher: Martinus Nijhoff

Summary

This timely new volume brings together experts on the laws of war from academia, the military, and the NGO community to examine the issues surrounding September 11th and its aftermath, which have raised fundamental challenges to the existing corpus of international humanitarian law. The book features a thoughtful overview and discussion of the extent to which new wars" call for new laws. The authors analyze specific topics pertaining to this theme, including the definition of armed conflict, the identification of military objectives, the meaning and application of the principle of proportionality in contemporary conflicts, the legitimacy of "targeted killings," the treatment of individuals detained in non-traditional armed conflicts, and the contemporary application of the law of occupation. Specific highlights include: Lt. Col. William K. Lietzau, National Defense University and former Special Advisor to the General Counsel of the Department of Defense (DoD), on when to apply the law of war and when to apply a law enforcement paradigm; Yoram Dinstein, Stockton Professor of International Law at the U.S. Naval War College, on proportionality; Crimes of War website editor Anthony Dworkin on due process problems in the anti-terror campaign; Ken Watkin, Visiting Fellow in the Human Rights Program at Harvard Law School, on targeting and assassination; and much more.Published under the Transnational Publishers imprint."

Table of Contents

Acknowledgements	v
Chapter 1 Introduction: Do New Wars Call for New Laws?	1	(30)
David Wippman
Part I Applying the Law of War to the War on Terrorism
Chapter 2 Combating Terrorism: The Consequences of Moving from Law Enforcement to War	31	(22)
William Lietzau
Chapter 3 Military Necessity and Due Process: The Place of Human Rights in the War on Terror	53	(22)
Anthony Dworkin
Chapter 4 Unlawful Belligerency After September 11: History Revisited and Law Revised	75	(36)
Michael Newton
Chapter 5 Post-Westphalian Crime	111	(26)
Dominic Mcfllea
Part II Problems in the Conduct of Armed Conflict
Chapter 6 Humans in the Cross-Hairs: Targeting, Assassination and Extra-Legal Killing in Contemporary Armed Conflict	137	(44)
Kenneth Watkin
Chapter 7 Targeting: The Scope and Utility of the Concept of "Military Objectives" for the Protection of Civilians in Contemporary Armed Conflicts	181	(30)
Marco Sassoli
Chapter 8 Collateral Damage and the Principle of Proportionality	211	(16)
Yoram Dinstein
Part III Law in Occupied Territory
Chapter 9 Rewriting Law: The Case of Israel and the Occupied Territories	227	(32)
Kathleen Cavanaugh
Chapter 10 Iraq and Occupation	259	(30)
Phillip James Walker
Table of Cases	289	(2)
Index	291