This volume is the first of two addressing the legal regime governing the use of force during armed conflicts. Traditionally labeled 'Hague Law', today the norms it examines are commonly referred to a
The essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences
Based on an innovative theory of international law, Janina Dill's book investigates the effectiveness of international humanitarian law (IHL) in regulating the conduct of warfare. Through a comprehensive examination of the IHL defining a legitimate target of attack, Dill reveals a controversy among legal and military professionals about the 'logic' according to which belligerents ought to balance humanitarian and military imperatives: the logics of sufficiency or efficiency. Law prescribes the former, but increased recourse to international law in US air warfare has led to targeting in accordance with the logic of efficiency. The logic of sufficiency is morally less problematic, yet neither logic satisfies contemporary expectations of effective IHL or legitimate warfare. Those expectations demand that hostilities follow a logic of liability, which proves impracticable. This book proposes changes to international law, but concludes that according to widely shared normative beliefs, on t
Based on an innovative theory of international law, Janina Dill's book investigates the effectiveness of international humanitarian law (IHL) in regulating the conduct of warfare. Through a comprehensive examination of the IHL defining a legitimate target of attack, Dill reveals a controversy among legal and military professionals about the 'logic' according to which belligerents ought to balance humanitarian and military imperatives: the logics of sufficiency or efficiency. Law prescribes the former, but increased recourse to international law in US air warfare has led to targeting in accordance with the logic of efficiency. The logic of sufficiency is morally less problematic, yet neither logic satisfies contemporary expectations of effective IHL or legitimate warfare. Those expectations demand that hostilities follow a logic of liability, which proves impracticable. This book proposes changes to international law, but concludes that according to widely shared normative beliefs, on t
The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world.Putting President Bush’s actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president’s approval of interrogation methods that violated Geneva’s m
