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Vol 21 No 11 Nov/Dec 2016

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Counterinsurgency Law: New Directions in Asymmetric Warfare


ISBN13: 9780199941445
Published: February 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £62.00



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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.

Subjects:
Public International Law, Other Jurisdictions , USA
Contents:
NTRODUCTION - WILLIAM C. BANKS, SHAPING A GLOBAL LEGAL FRAMEWORK FOR COUNTERINSURGENCY: PLACING POSTMODERN WAR IN CONTEXT
PART I: CONVERGING PARADIGMS IN CONTEMPORARY ARMED CONFLICT: FRAMING PROBLEMS OF COIN
CHAPTER 1 - DAPHNE RICHEMOND-BARAK, THE HUMAN RIGHTS COUNCIL AND THE CONVERGENCE OF HUMANITARIAN LAW AND HUMAN RIGHTS LAW
CHAPTER 2 - EVAN J. CRIDDLE, PROPORTIONALITY IN COUNTERINSURGENCY: RECONCILING HUMAN RIGHTS AND HUMANITARIAN LAW
PART II: REUNIFYING THE LAWS OF ARMED CONFLICT: NON-INTERNATIONAL CONFLICT AND COIN OPERATIONS
CHAPTER 3 - ERIC TALBOT JENSEN, REUNIFYING THE LAW OF ARMED CONFLICT IN COIN OPERATIONS THROUGH A SOVEREIGN AGENCY THEORY
CHAPTER 4 - GEOFFREY S. CORN, TWO SIDES OF THE COMBATANT COIN: UNTANGLING DIRECT PARTICIPATION FROM BELLIGERENT STATUS IN NON-INTERNATIONAL ARMED CONFLICTS
PART III: PROTECTING CIVILIANS AND RISKING THE FORCE IN COIN
CHAPTER 5- PETER MARGULIES, VALOR'S VICES: AGAINST A STATE DUTY TO RISK FORCES IN ARMED CONFLICT
CHAPTER 6 - CHRISTOPHER JENKS, AGENCY OF RISK: THE COMPETING BALANCE BETWEEN PROTECTING MILITARY FORCES AND THE CIVILIAN POPULATION DURING COUNTERINSURGENCY OPERATIONS IN AFGHANISTAN
CHAPTER 7 - GREGORY S. MCNEAL, NEW APPROACHES TO REDUCING AND MITIGATING HARM TO CIVILIANS
PART IV: NEW PROBLEMS FOR UNCONVENTIONAL BATTLEFIELDS
CHAPTER 8- BOAZ GANOR, TERRORISM AND THE LAWS OF MULTI-DIMENSIONAL WARFARE
CHAPTER 9 - ROBERT M. CHESNEY, THE USE OF FORCE REGIME AND UNCONVENTIONAL THREATS: ANWAR AL-AWLAKI AS A CASE STUDY
CHAPTER 10 - CORRI ZOLI, THE GAZA FLOTILLA INCIDENT: THE ROLE OF MARITIME LAW AND STRATEGY IN COIN OPERATIONS