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Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book is the first of its kind to examine tunnel warfare in a systematic and comprehensive way, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law. To Dr. Richemond-Barak, this challenge has not only been under-explored, it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's own civilian infrastructure.
Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book is the first of its kind to examine tunnel warfare in a systematic and comprehensive way, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law. To Dr. Richemond-Barak, this challenge has not only been under-explored, it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's own civilian infrastructure.
Rosenne’s The World Court offers a contemporary and interactive take on the UN’s main judicial organ. The International Court of Justice, which has remained largely unchanged since its creation in 1945, operates within a growing network of states and international bodies. The book analyzes the institution via the prism of its relationship with states – the Court’s natural constituency – as well as UN organs, international and domestic courts, academia, and non-state actors. It offers topics for class discussions, moot court exercises, and model syllabi. Direct engagement with the writings of leading scholars in international law and international relations helps uncover the Court’s political and legal role in a complex international order. The book’s novel and multidisciplinary approach make it an essential resource for students, teachers, and scholars.
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.
An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child sold...
An exploration of the relationship between different branches of international law and their applicability to terrorism.
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts...
Civilians are increasingly playing crucial roles in the conduct of military operations. This book looks at different forms of civilian participation in armed conflict, examining the pressure this disruptive practice places on the traditional laws of war.
This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.