What is war? : an investigation in the wake of 9/11

Book annotation not available for this title. Title: What Is War? Author: O'Connell, Mary Ellen (EDT) Publisher: Brill Academic Pub Publication Date: 2012/05/01 Number of Pages: 495 Binding Type: HARDCOVER Library of Congress: 2012014079 International Law Has Lacked A Widely-accepted Definition Of Armed Conflict Despite The Essential Human Rights And Other Rules That Depend On Such A Definition. During Armed Conflict, Government Forces Have 'combatant Immunity' To Kill Without Warning. They May Detain Enemy Forces Until The End Of The Conflict Without The Requirement To Provide A Speedy And Fair Trial. Governments May Have Asylum Obligations Or Neutrality Obligations Based On The Existence Of Armed Conflict. To Fill This Gap In Our Knowledge Of The Law, The International Law Association's Committee On The Use Of Force Produced A Report On The Meaning Of Armed Conflict. This Book Contains The Report And Papers Delivered At An Inter-disciplinary Conference Designed To Inform The Committee From A Variety Of Perspectives--provided By Publisher. Background Papers On International Law With [essays] That Go 'beyond International Law,' Examining The Topic From The Perspective Of Political Science, Military History, Journalism, Ethics, And Peace Studies. It Includes The Successive Reports Of The [ila Use Of Force] Committee Presented At The Ila's Biannual Conferences At Rio De Janeiro (2008) And The Hague (2010--preface, P. Xiii. Introduction: Defining Armed Conflict In The Decade After 9/11 / Mary Ellen O'connell -- Proposal To Study The Meaning Of War In International Law / Ila Committee On The Use Of Force -- International Law's Changing Terms: War Becomes Armed Conflict / Elzbieta Mikos-skuza -- The Meaning Of Armed Conflict And The Jus Ad Bellum / Jutta Brunnee -- The Concept Of Armed Conflict In International Armed Conflict / Masahiko Asada -- The Meaning Of Armed Conflict -- Non-international Armed Conflict / Christine Gray -- Irregular Forces And Self-defense Under The Un Charter / James Gathii -- United Nations Peacekeeping And The Meaning Of Armed Conflict / Mary Ellen O'connell And Ania Kritvus -- Silence Of The Laws? -- Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke / Michael Doyle And Geoffrey Carlson -- War, Crime, And Terrorism: Distinctions And Implications / John Mueller -- Meaning Of War / General Sir Michael Rose. What Is War? / Jeremy Black -- History And War -- The Grim Record Of The Past / Williamson Murray -- The Meaning Of War / Pamela Constable -- The Semantics Of 21st Century Warfare / James Gordon Meek -- The Precariousness Of Rules / Thomas Grassey -- The Meaning Of War: An Ethical Analysis Of Sanctions And Humanitarian Intervention / Gerard Powers -- Uganda's War In The North -- How Clashing Religious Views Created An Armed Conflict, How Reconciling Them May End It / Todd Whitmore -- The Meaning Of War / John Darby -- What's In A War? -- Insights From A Conflict Data Program / Peter Wallensteen -- Initial Report Of The Ila Use Of Force Committee On The Definition Of Armed Conflict -- Defining Armed Conflict, The Work Of The Ila Committee On The Use Of Force (2005-2008) / Mary Ellen O'connell -- Excerpts From A Memo By The Chair To The Committee On Submitting The Final Report (june 2010). The Ila Use Of Force Committee's Final Report On The Definition Of Armed Conflict In International Law (august 2010) -- Report On The Adoption Of The Committee's Final Report On The Definition Of Armed Conflict -- (september 2010) / Mary Ellen O'connell. Edited By Mary Ellen O'connell. Includes Bibliographical References And Index. What Is War? 3 Table of Contents 7 Preface 11 Acknowledgements 15 Contributors 17 Part I 25 Th e ILA Decision to Study the Meaning of “War” inInternational Law 25 Introduction:Defi ning Armed Confl ict in the Decade after 9/11 27 Proposal to Study the Meaning of War in International Law(May 2005) 37 Part II 41 Background Papers for the Study: International Law(2006) 41 International Law’s Changing Terms:“War” becomes “Armed Confl ict” * 43 Th e Meaning of Armed Confl ict and the Jus ad Bellum 55 Th e Concept of “Armed Confl ict” inInternational Armed Confl ict 75 Th e Meaning of Armed Confl ict:Non-International Armed Confl ict 93 Irregular Forces and Self-defense Under the UN Charter 121 United Nations Peacekeeping and the Meaningof Armed Confl ict 133 Part III 143 Background Papers for the Study:Beyond International Law (2007) 143 A. Political Science 145 Silence of the Laws?Conceptions of International Relationsand International Law inHobbes, Kant, and Locke 147 War, Crime, and Terrorism: Distinctions and Implications 165 B. Military and Military History 189 Meaning of War 191 What Is War? 201 History and War:The Grim Record of the Past 207 C. Journalism 219 The Meaning of War 221 The Semantics of 21st Century Warfare 225 D. Ethics 233 The Precariousness of Rules 235 The Meaning of War:An Ethical Analysis of Sanctions andHumanitarian Intervention 241 Uganda’s “War in the North”:How Clashing Religious Views Created an Armed Confl ict,How Reconciling Th em May End It 259 E. Peace Research 273 The Meaning of War 275 What’s in a War? Insights from a Confl ict Data Program 285 Part IV 297 Th e ILA Reports on the Meaning of Armed Confl ictin International Law (2008-10) 297 Initial Report of the ILA Use of Force Committee on theDefi nition of Armed Confl ict (2008) 299 Defi ning Armed Confl ict, Th e Work of the ILA Committeeon the Use of Force(2005-2008) 331 Excerpts from a Memo by the Chair to the Committee onSubmitting the Final Report (June 2010) 339 Th e ILA Use of Force Committee’s Final Report on theDefi nition of Armed Confl ict in International Law(August 2010)* 343 Report on the Adoption of the Committee’s Final Report onthe Defi nition of Armed Confl ict (September 2010) 393 Postscript 397 Appendix 399 Complaint for declaratory and injunctive relief(Violation of constitutional rights and international law –targeted killing) 402 Reply Memorandum in Support of Plaintiff ’s Motion for a PreliminaryInjunction and in Opposition to Defendants’ Motion to Dismiss 409 Exhibit A 457 Exhibit B 507 Index 511 The meaning of armed conflict is reported on by prominent international law scholars from four continents together with perspectives by military historians, soldiers, just war scholars, political scientists, peace studies scholars, and war correspondents, offering a unique interdisciplinary exploration.