Counterinsurgency Law: New Directions in Asymmetric Warfare

Overview


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, ...

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Counterinsurgency Law: New Directions in Asymmetric Warfare

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Overview


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.

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Product Details

  • ISBN-13: 9780199941445
  • Publisher: Oxford University Press
  • Publication date: 2/5/2013
  • Series: Terrorism and Global Justice Series
  • Pages: 310
  • Sales rank: 1,228,753
  • Product dimensions: 6.40 (w) x 9.30 (h) x 1.00 (d)

Meet the Author

William Banks is the Board of Advisors Distinguished Professor of Law at the Syracuse University College of Law, where he directs the Institute for National Security and Counterterrorism. He also serves as a Professor of Public Affairs and International Affairs at the Maxwell School of Citizenship & Public Affairs at Syracuse University and as the Editor-in-Chief of the Journal of National Security Law and Policy. With Stephen Dycus and Peter Raven-Hansen, he is also co-author of National Security Law, 5th edition, the leading text in the subject area.

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Table of Contents

INTRODUCTION - 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 - Daphné 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

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