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Civilian Immunity in War

Edited by: Igor Primoratz

ISBN13: 9780199290741
Published: October 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £39.99

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The protection of noncombatants from deadly violence is the centrepiece of any account of ethical and legal constraints on war. It was a major achievement of moral progress from early modern times to World War I. Yet it has been under constant attrition since - perhaps never more so than in our time, with its 'new wars', the spectre of weapons of mass destruction, and the global terrorism alert.

Civilian Immunity in War, written in collaboration by eleven authors, provides the first comprehensive analysis of all main aspects of this highly topical subject. It considers the arguments for rejection of civilian immunity and the main theories of the grounds and proper scope of this immunity, both deontological (just war theory) and consequentialist. Separate chapters examine the historical development of the idea of civilian immunity, its standing in current international law, and the problem of nullcollateral damagenull: of harming civilians without intent, as a side-effect of attacks on military targets.

The volume also addresses a string of specific issues. Civilian immunity has undergone much attrition with the development of air warfare and the tendency of military conflict to degenerate into nulltotalnull war. On the other hand, modern military technology with its precision guidance missiles and nullsmartnull bombs opens up the possibility of restricting deadly violence to its proper targets and staying clear of civilian life, limb, and property. Another pressing issue is the fate of women in war in light of mass rapes characteristic of some 'new wars'.

International Criminal Law
Notes on the contributors
Part One
1. Civilian immunity in war: its grounds, scope and weight
Igor Primoratz
2. Civilians and soldiers
Uwe Steinhoff
3. Civilian immunity in war: from Augustine to Vattel
Colm McKeogh
4. Civilian immunity in war: legal aspects
David Kretzmer
5. Civilian immunity, forcing the choice and collective responsibility
Seumas Miller
6. Collateral immunity in war and terrorism
C.A.J. (Tony) Coady
Part Two
7. Air power and non-combatant immunity: the road to Dresden
Stephen A. Garrett
8. Civilian immunity in the precision-guidance age
Hugh White
9. Civilian immunity in the 'new wars'
Paul Gilbert
10. Women, war and international law
Véronique Zanetti
11. War and the protection of property
Janna Thompson