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| department of defence law of war manual: The United States Department of Defense Law of War Manual Michael A. Newton, 2018 Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions. |
| department of defence law of war manual: Department of Defense Law of War Manual Ogc Department of Defense, 2015-09-15 This manual, released in June 2015, is a Department of Defense (DoD)-wide resource for DoD personnel - including commanders, legal practitioners, and other military and civilian personnel - on the law of war. It is an essential reference for any library, organization, or individual interested in modern international politics, the war on terrorism, the law of war, or international social justice. The manual is written by the Office of General Counsel of DoD. Because of limitations on page count, the Preface and Foreword are provided on front and back cover. |
| department of defence law of war manual: The Law of War William H. Boothby, Wolff Heintschel von Heinegg, 2018-03-29 A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual. |
| department of defence law of war manual: Department of Defense Law of War Manual United States. Department of Defense. Office of General Counsel, 2015 The Department of Defense Law of War Manual belongs on the shelf of every researcher, journalist, lawyer, historian, and individual interested in foreign affairs, international law, human rights, or national security. The Manual provides a comprehensive, authoritative interpretation of the law of war for the U.S. Department of Defense. The Manual encompasses not only traditional law of war topics, such as land and naval warfare and the treatment of prisoners of war, but also more recent and controversial developments, such as the law governing detention at Guantanamo Bay and the law of cyber warfare.The Manual was originally issued in electronic format by the Department of Defense Office of General Counsel in June 2015. This first paperback edition is designed with the researcher, practitioner, and student in mind. It contains the full, original text of the Manual reformatted for print publication in full color with a handy thumb index keyed to the back cover for ease of locating relevant chapters and cross-references. Published in soft cover - allowing it to lie flat for continuous reference - and in perfect manual size, the Department of Defense Law of War Manual is ready for the library, the office, or the ruck sack. |
| department of defence law of war manual: Oslo Manual on Select Topics of the Law of Armed Conflict Yoram Dinstein, Arne Willy Dahl, 2020-01-01 This open access book provides a valuable restatement of the current law of armed conflict regarding hostilities in a diverse range of contexts: outer space, cyber operations, remote and autonomous weapons, undersea systems and devices, submarine cables, civilians participating in unmanned operations, military objectives by nature, civilian airliners, destruction of property, surrender, search and rescue, humanitarian assistance, cultural property, the natural environment, and more. The book was prepared by a group of experts after consultation with a number of key governments. It is intended to offer guidance for practitioners (mainly commanding officers); facilitate training at military colleges; and inform both instructors and graduate students of international law on the current state of the law. |
| department of defence law of war manual: The Oxford Guide to International Humanitarian Law Ben Saul, Dapo Akande, 2020-05-07 International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law. |
| department of defence law of war manual: National Military Manuals on the Law of Armed Conflict Nobuo Hayashi, 2010-07-23 |
| department of defence law of war manual: NATO Rules of Engagement Camilla Guldahl Cooper, 2019-12-02 In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict. |
| department of defence law of war manual: Unofficial United States Guide to the First Additional Protocol to the Geneva Conventions of 12 August 1949 Theodore Richard, Air University Press, 2019-05 The First Additional Protocol to the Geneva Conventions (AP I) is central to the modern law of war, widely referred to as international humanitarian law outside the United States. It updates the Geneva Conventions for protection of war victims and combines them with new or updated rules governing hostilities and the use of weapons found in the Hague Regulations Respecting the Laws and Customs of War. Due to its comprehensive nature and adoption by a majority of States, AP I is frequently cited as the source for law of war rules by attorneys and others interested in protecting humanitarian interests. The challenge for United States attorneys, however, is that their country is not a party to AP I and has been a persistent objector to many of its new rules.While the United States signed the First Additional Protocol to the Geneva Conventions in 1977, it determined, after 10 years of analysis, that it would not ratify the protocol. President Reagan called AP I fundamentally and irreconcilably flawed.1 Yet, as will be detailed throughout this guide, United States officials have declared that aspects of AP I are customary international law. Forty years after signing AP I, and 30 years after rejecting it, the United States has never presented a comprehensive, systematic, official position on the protocol. Officials from the United States Departments of Defense and State have taken positions on particular portions of it. This guide attempts to bring those sources together in one location. |
| department of defence law of war manual: Weapons and the Law of Armed Conflict William H. Boothby, 2016-03-10 Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities. |
| department of defence law of war manual: The Handbook of International Humanitarian Law Michael Bothe, 2013-08-29 The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. |
| department of defence law of war manual: Military Necessity in International Cultural Heritage Law Berenika Drazewska, 2021-12-13 Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts. |
| department of defence law of war manual: The Handbook of the International Law of Military Operations Terry D. Gill, Dieter Fleck, 2015 Based on best-practice rules of global importance, this handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force. |
| department of defence law of war manual: Tallinn Manual on the International Law Applicable to Cyber Warfare Michael N. Schmitt, 2013-03-07 The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare. |
| department of defence law of war manual: Conceptual and Contextual Perspectives on the Modern Law of Treaties Michael J. Bowman, Dino Kritsiotis, 2018-10-25 In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives. |
| department of defence law of war manual: New Technologies and the Law of Armed Conflict Hitoshi Nasu, Robert McLaughlin, 2013-12-23 Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace. |
| department of defence law of war manual: Handbook on international rules governing military operations , 2013 |
| department of defence law of war manual: HPCR Manual on International Law Applicable to Air and Missile Warfare Harvard School of Public Health. Program on Humanitarian Policy and Conflict Research, 2013-07-08 This Manual provides an up-to-date restatement of existing international law applicable to the conduct of air and missile warfare. |
| department of defence law of war manual: Department of Defense Law of War Manual , 2015 |
| department of defence law of war manual: The Contemporary Law of Armed Conflict Leslie C. Green, 1993 |
| department of defence law of war manual: An Introduction to the International Law of Armed Conflicts Robert Kolb, Richard Hyde, 2008-09-17 This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL. |
| department of defence law of war manual: International Law and the Classification of Conflicts Elizabeth Wilmshurst, 2012-08-02 This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification. |
| department of defence law of war manual: Department of Defense Dictionary of Military and Associated Terms United States. Joint Chiefs of Staff, 1979 |
| department of defence law of war manual: Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations Michael N. Schmitt, 2017-02-02 The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations. |
| department of defence law of war manual: Department of Defense Law of War Manual (2017) Office of Gen. Counse Dep't of Defense, 2017-01-31 The Department of Defense Law of War Manual belongs on the shelf of every researcher, journalist, lawyer, historian, and individual interested in foreign affairs, international law, human rights, or national security. The Manual provides a comprehensive, authoritative interpretation of the law of war for the U.S. Department of Defense. |
| department of defence law of war manual: Cyber Operations and International Law François Delerue, 2020-03-19 This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations. |
| department of defence law of war manual: The Armed Forces Officer Richard Moody Swain, Albert C. Pierce, 2017 In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that American military officers, of whatever service, should share common ground ethically and morally. In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution. |
| department of defence law of war manual: The Handbook of the Law of Visiting Forces Dieter Fleck, 2018 The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict, before offering conclusions on the current state of the law and its likely future development. |
| department of defence law of war manual: The International Law of Belligerent Occupation Yoram Dinstein, 2009-02-19 The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population. |
| department of defence law of war manual: Human Rights in War Damien Rogers, 2022-03-20 This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike. |
| department of defence law of war manual: Protection of Civilians Haidi Willmot, Ralph Mamiya, Scott Sheeran, Marc Weller, 2016 The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse. |
| department of defence law of war manual: The Handbook of Humanitarian Law in Armed Conflicts Dieter Fleck, Michael Bothe, 1999 This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide. |
| department of defence law of war manual: Proportionality in International Law Michael A. Newton, Larry May, 2014 1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of Cyberwar 12. Thresholds of Jus in Bello Proportionality Bibliography Index. |
| department of defence law of war manual: National Security Law John Norton Moore, Robert F. Turner, 2005 |
| department of defence law of war manual: Human Shields Dr. Neve Gordon, Nicola Perugini, 2020-08-25 A chilling global history of the human shield phenomenon. From Syrian civilians locked in iron cages to veterans joining peaceful indigenous water protectors at the Standing Rock Sioux Reservation, from Sri Lanka to Iraq and from Yemen to the United States, human beings have been used as shields for protection, coercion, or deterrence. Over the past decade, human shields have also appeared with increasing frequency in antinuclear struggles, civil and environmental protests, and even computer games. The phenomenon, however, is by no means a new one. Describing the use of human shields in key historical and contemporary moments across the globe, Neve Gordon and Nicola Perugini demonstrate how the increasing weaponization of human beings has made the position of civilians trapped in theaters of violence more precarious and their lives more expendable. They show how the law facilitates the use of lethal violence against vulnerable people while portraying it as humane, but they also reveal how people can and do use their own vulnerability to resist violence and denounce forms of dehumanization. Ultimately, Human Shields unsettles our common ethical assumptions about violence and the law and urges us to imagine entirely new forms of humane politics. |
| department of defence law of war manual: International Law and New Wars Christine Chinkin, Mary Kaldor, 2017-04-27 Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'. |
| department of defence law of war manual: Intelligence Community Legal Reference Book , 2012 |
| department of defence law of war manual: The Military Commander's Necessity Sigrid Redse Johansen, 2019-10-03 A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict. |
| department of defence law of war manual: Warfighting United States. Marine Corps, 2018 Warfighting should help the Marine Commander and troop prepare mentally, physically, both externally, and internally for combat action. It covers the distinct levels of war -- strategic, operational, and tactical, conduct of war, and types of warfare. Every Marine Corps officer should understand and apply the principles to understand the demands of war, theory of war, including the foundations, preparation and actively engagin within war. This guide provides authoritative guidance for the completion of this war task as a key method to instill successful outcomes and strategic battlefield dynamic development within the nature of the war environment. Related products: Legacy of Belleau Wood: 100 Years of Making Marines and Winning Battles, An Anthology can be found here: https://bookstore.gpo.gov/products/legacy-belleau-wood-100-years-making-marines-and-winning-battles-anthology How we Fight: Handbook for the Naval Warfighter is available here: http://Marine Corps Doctrinal Publication 1, MCDP-1, Warfighting, foundational document, keystone philosophy for the Marine Corps, Department of the Navy, Headquarters United States Marine Corps Marine Corps History print subscription can be found here: https://bookstore.gpo.gov/products/marine-corps-history |
| department of defence law of war manual: U.S. Department of Defense Civilian Casualty Policies and Procedures Michael J. McNerney, Gabrielle Tarini, Karen M. Sudkamp, Larry Lewis, Michelle Grisé, 2022-01-28 The U.S. Department of Defense (DoD), from its most-senior leaders to military operators in the field, has expressed a strong commitment to complying with the law of war and to mitigating civilian harm for legal, moral, and strategic reasons and for reasons related to mission-effectiveness. But above and beyond its law of war obligations, DoD implements policies and procedures at multiple levels to mitigate civilian harm during armed conflict. In this report, researchers from the RAND Corporation and the Center for Naval Analyses (CNA) conduct an independent assessment of DoD standards, processes, procedures, and policies relating to civilian casualties resulting from U.S. military operations. In particular, the researchers examine DoD's efforts to assess, investigate, and respond to civilian harm, as well as DoD's resourcing and structure to address such issues. The researchers outline their findings and recommendations for how DoD can improve in these areas. |
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