Rethinking the Law of Armed Conflict in an Age of Terrorism

Christopher Ford, Amichai Cohen (Herausgeber)

Buch | Hardcover

332 Seiten

2011
Lexington Books (Verlag)
978-0-7391-6653-6 (ISBN)

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Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia—coupled with legal and historical analyses of trends in international humanitarian law—the authors place post-9/11 practice in the context of the international legal community’s broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules.
From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the “state-on-nonstate” variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing “war” and “law enforcement” paradigms of legal constraint—and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen’s volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the “global war on terrorism.”

Christopher Ford is senior fellow and Director of the Center for Technology and Global Security at the Hudson Institute in Washington, D.C. Amichai Cohen is senior lecturer with the Faculty of Law at Ono Academic College in Israel. Contributors: Amichai Cohen; Steven David; Christopher Ford; Jeremy Rabkin; Juan Carlos Gómez Ramirez; Elizabeth Samson; Yuval Shany; John H. Shenefield; Ariel Zemach

Introduction- Rethinking Armed Conflict in an Age of Terrorism
by Christopher A. Ford
Chapter One- The Law that Turned Against Its Drafters: Guerrilla-Combatants and the First Additional Protocol to the Geneva Conventions
by Ariel Zemach
Chapter Two- The Strange Pretensions of Contemporary Humanitarian Law
by Jeremy Rabkin
Chapter Three- Targeted Killing: The Israeli Experience
by Steven David
Chapter Four- Guarding the Guards in the War on Terrorism
by Yuval Shany
Chapter Five- The Foreign Intelligence Surveillance Puzzle: We Know How We Got Here—Now, What Do We Do?
by John H. Shenefield
Chapter Six- Terrorism-related Adjudication
by Amichai Cohen
Chapter Seven- Necessity, Proportionality, and the Distinction in Non-Traditional Conflicts: The Unfortunate Case Study of the Goldstone Report
by Elizabeth Samson
Chapter Eight- Confronting Terrorism: Human Rights Law, or the Law of War?
by Juan Carlos Gomez Ramirez
Chapter Nine- Living in the 'New Normal': Modern War, Nonstate Actors, and the Future of Law
by Christopher A. Ford
Chapter Ten- Some Conclusions and Thoughts for the Future
by Amichai Cohen
About the Authors
Index

Erscheint lt. Verlag	23.12.2011
Verlagsort	Lanham, MD
Sprache	englisch
Maße	161 x 241 mm
Gewicht	689 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
	Sozialwissenschaften ► Politik / Verwaltung ► Europäische / Internationale Politik
	Wirtschaft
ISBN-10	0-7391-6653-0 / 0739166530
ISBN-13	978-0-7391-6653-6 / 9780739166536
Zustand	Neuware