The Legitimate Use of Military Force: The Just War Tradition and the Customary Law of Armed Conflict (Justice, International Law and Global Security)

Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies. Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. This volume explores the philosophic and societal foundations of the just war tradition and as such is ideal as a course reader for law and international relations courses.

Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, indeed if force is to be used, what normative guidelines should govern the conduct of warfare. Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines.

This volume:

• follows on from the success of the earlier publication, The Law of Armed Conflict
• brings together an international recognized team of scholars
• seeks to apply an interdisciplinary approach to analyze and assess the linkage between just war and the norms of behavior
• provides a valuable contribution to international law, international relations and national security studies.

This volume explores the philosophic and societal foundations of the just war tradition, relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Ideal as a course reader for professionals and academics teaching law and international relations courses.

"Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. This volume explores the philosophic and societal foundations of the just war tradition and as such is ideal as a course reader for law and international relations courses. Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, indeed if force is to be used, what normative guidelines should govern the conduct of warfare. Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. This volume: follows on from the success of the earlier publication, The Law of Armed Conflict brings together an international recognized team of scholars seeks to apply an interdisciplinary approach to analyze and assess the linkage between just war and the norms of behavior provides a valuable contribution to international law, international relations and national security studies. This volume explores the philosophic and societal foundations of the just war tradition, relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Ideal as a course reader for professionals and academics teaching law and international relations courses." -- Publisher Contents......Page 6 List of Contributors......Page 8 Introduction......Page 10 PART I: PERSPECTIVES ON JUST WAR DOCTRINE, INTERNATIONAL RELATIONS, AND ARMED CONFLICT......Page 12 1 Theocentric Natural Law and Just War Doctrine......Page 14 2 Anthropocentric Natural Law and its Implications for International Relations and Armed Conflict......Page 38 3 The Rejection of Natural Law and its Implications for International Relations and Armed Conflict......Page 72 PART II: INTERNATIONAL LAW AND THE CUSTOMARY PRINCIPLES UNDERPINNING THE LAW OF ARMED CONFLICT......Page 106 4 Preemption and Preventive War......Page 108 5 The Development of International Humanitarian Law and the Continued Relevance of Custom......Page 126 6 The Martens Clause and Military Necessity......Page 144 7 The Principle of Distinction: Beyond an Obligation of Customary International Humanitarian Law......Page 170 8 The Principle of Proportionality......Page 198 9 Hors de Combat: Post-September 11 Challenges to the Rules......Page 228 10 Occupation Responsibilities and Constraints......Page 272 11 Conclusion......Page 292 C......Page 298 D......Page 299 G......Page 300 H......Page 301 I......Page 302 L......Page 304 N......Page 305 P......Page 306 S......Page 307 U......Page 308 Z......Page 309 Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets.

This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.

"Anticipatory military activities, which include both preemptive and preventive military actions, are at the center of American strategic doctrine. At the same time, states rarely use these activities. Bzostek puts forward an integrated analysis to help understand why states have or have not undertaken such activities in the past. By exploring what kinds of strategic or structural elements compel states or leaders to take anticipatory military action, as well as how these concepts are viewed in both international law and the just war tradition, this book uses case studies to explore those elements that have played an influential role in the decision-making process." Ideal as a course reader for upper division undergraduate and graduates in security studies, international law, US foreign policy and those involved in the teaching and training of the military. Anticipatory military activities, which include both preemptive and preventive military actions, are at the centre of American strategic doctrine - however, states rarely use these activities. Rachel Bzostek puts forward an integrated analysis to help understand why states have or have not undertaken such activities in the past. By exploring what kinds of strategic or structural elements compel states or leaders to take anticipatory military action, as well as how these concepts are viewed in both international law and the just war tradition, this book uses case studies to examine those elements that have played an influential role in the decision-making process. Ideal as a course reader for upper division undergraduate and graduates in security studies, international law, US foreign policy and those involved in the teaching and training of the military. Anticipatory military activities, which include both preemptive and preventive military actions, are at the centre of American strategic doctrine. However, states rarely use these activities. Rachel Bzostek puts forward an integrated analysis to help understand why states have or have not undertaken such activities in the past. By exploring what kinds of strategic or structural elements compel states or leaders to take anticipatory military action, as well as how these concepts are viewed in both international law and the just war tradition, this book uses case studies to explore those elements that have played an influential role in the decision-making process. Ideal as a course reader for upper division undergraduate and graduates in security studies, international law, US foreign policy and those involved in the teaching and training of the military Military necessity and the war against global terrorism / Gregory A. Raymond Targeting regime leaders during armed hostilities : an effective way to achieve regime change? / Catherine Lotrionte The protection of cultural objects during armed conflicts / Howard M. Hensel The principle of civilian protection and contemporary armed conflict / Mika Nishimura Hayashi Detention, the "War on Terror" and international law / Françoise J. Hampson The impact of the War on Terror on the accountability of armed groups / George J. Andreopoulos The war on terrorism : time for a new "wise war" framework / April Morgan Conclusion : amid normative and conceptual crisis / Richard Falk. Military necessity and the war against global terrorism / Gregory A. Raymond Targeting regime leaders during armed hostilities : an effective way to achieve regime change? / Catherine Lotrionte The protection of cultural objects during armed conflicts / Howard M. Hensel The principle of civilian protection and contemporary armed conflict / Mika Nishimura Hayashi Detention, the "War on Terror" and international law / Franрcoise J. Hampson The impact of the War on Terror on the accountability of armed groups / George J. Andreopoulos The war on terrorism : time for a new "wise war" framework / April Morgan Conclusion : amid normative and conceptual crisis / Richard Falk.

American, Japanese, and British scholars of law and political science present diverse views as they assess some of the contemporary normative and legal challenges and problems associated with the application of customary and conventional normative standards and laws governing the use of armed force in the context of 21st-century armed conflicts. Among the topics are targeting regime leaders, protecting cultural objects, civilian protection, detention, the accountability of armed groups, and whether the Global War on Terrorism calls for a new Wise War framework. Annotation ©2006 Book News, Inc., Portland, OR

Anticipatory military activities, both preemptive and preventive, are at the centre of American strategic doctrine. Rachel Bzostek puts forward a full understanding of why states have or have not undertaken such activities in the past in order to comprehend why states have rarely used this method. Howard Hensel brings together a group of scholars to address some of the contemporary normative and legal challenges and problems associated with the application of the concepts of war, the just conduct of war, and the law of armed conflict to 21st century warfare, arms control/disarmament Throughout history, political leaders have appealed to strategic necessities as a justification for violating international law.