The Law of Land Warfare
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Nationalism; *Peace; Political Attitudes; Slvery; Terrorism; Violence; War; World Problems IDENTIFIERS *Africa; *Peace Education
DOCUMENT RESUME ED 396 074 CE 070 196 AUTHOR Kisembo, Paul TITLE A Popular Version of Yash Tandon's Militarism and Peace Education in Africa. INSTITUTION African Association for Literacy and Adult Education. Nairobi (Kenya). PUB DATE 93 NOTE 52p. PUB TYPE Viewpoints (Opinion/Position Papers, Essays, etc.) (120) EDRS PRICE MF01/PC03 Plhs Postage. DESCRIPTORS Adult Education; *Civil Liberties; Civil Rights; *Colonialisn; Community Education; Conflict Resolution; Developing Nations; Economic Development; Foreign Countries; *Freedom; International Relations; *Nationalism; *Peace; Political Attitudes; Slvery; Terrorism; Violence; War; World Problems IDENTIFIERS *Africa; *Peace Education ABSTRACT This book is a briefer, simpler popular edition of "Militarism and Peace Education in Africa." It is intended to interest the African peoples in the problems of peace and allow them to discuss and debate the issues of militarism and peace for Africa and to suggest solutions. It is also intended to interest leading organizations and people working at the grassroots level in urban and rural areas in problems of militarism and peace education. The first two chapters show hoW, in former times, militarism was brought to Africa by the Europeans through slave trade and colonialism. Chapter 3 shows how militarism continued after independence under neocolonialism in these forms: state terrorism, militarism based on ethnic nationality/conflicts, militarism resulting from "pastoralist conflicts," militarism resulting from cultural and religious conflicts, and militarism based on ideological conflicts. Chapter 4 explores how militarism is still connected to the exploitation and oppression of Africa with the new strategy called "low intensity conflict" or "low intensity war." Chapter 5 considers developing types of peace education and proposed content of peace education. -
Counter-Insurgency, Human Rights, and the Law of Armed Conflict Federico Sperotto
Human Rights Brief Volume 17 | Issue 1 Article 3 2009 Counter-Insurgency, Human Rights, and the Law of Armed Conflict Federico Sperotto Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Sperotto, Federico. "Counter-Insurgency, Human Rights, and the Law of Armed Conflict." Human Rights Brief 17, no. 1 (2009): 19-23. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Sperotto: Counter-Insurgency, Human Rights, and the Law of Armed Conflict Counter-Insurgency, Human Rights, and the Law of Armed Conflict by Federico Sperotto* introduCtion ounter-insurgency is the dominant aspect in the United States-led Operation Enduring Freedom (OEF) in CAfghanistan, and, since the NATO-led International Security Assistance Force (ISAF) has assumed growing respon- sibility throughout insurgents’ sanctuaries, also a mission for Europeans. According to the U.S. military, insurgency represents an intermediate step in the spectrum of conflict, which ranges from stable peace to general war.1 The frame in which military opera- tions are conducted is known as irregular warfare, a violent struggle among state and non-state actors for legitimacy and influence over a population.2 This form of conflict is charac- terized by three principle activities: insurgency, counter-insur- gency, and unconventional warfare, referring to the avoidance of Association of the Courtesy of the Revolutionary Afghanistan. -
Montesquieu on Commerce, Conquest, War and Peace Robert Howse
Brooklyn Journal of International Law Volume 31 | Issue 3 Article 3 2006 Montesquieu on Commerce, Conquest, War and Peace Robert Howse Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Robert Howse, Montesquieu on Commerce, Conquest, War and Peace, 31 Brook. J. Int'l L. (2006). Available at: https://brooklynworks.brooklaw.edu/bjil/vol31/iss3/3 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. MONTESQUIEU ON COMMERCE, CONQUEST, WAR, AND PEACE * Robert Howse I. INTRODUCTION: COMMERCE AS THE AGENT OF PEACE: MONTESQUIEU AND THE IDEOLOGY OF LIBERALISM n the history of liberalism, Montesquieu, who died two hundred and I fifty years ago, is an iconic figure. Montesquieu is cited as the source of the idea of checks and balances, or separation of powers, and thus as an intellectual inspiration of the American founding.1 Among liberal internationalists, Montesquieu is known above all for the notion that international trade leads to peace among nation-states. When liberal international relations theorists such as Michael Doyle attribute this posi- tion to Montesquieu,2 they cite Book XX of the Spirit of the Laws,3 in which Montesquieu claims: “The natural effect of commerce is to bring peace. Two nations that negotiate between themselves become recipro- cally dependent, if one has an interest in buying and the other in selling. And all unions are based on mutual needs.”4 On its own, Montesquieu’s claim raises many issues. -
The Strategy of Conquest
The Strategy of Conquest Marcin Dziubi´nski∗ Sanjeev Goyaly David E. N. Minarschz January 13, 2017 Abstract In the study of war, a recurring observation is that conflict between two opponents is shaped by third parties. The actions of these parties are in turn influenced by other proximate players. These considerations lead us to propose a model with multiple inter- connected opponents. We study the influence of resources, technology, and the network of connections, on the dynamics of war and on the prospects of peace. Keywords Hegemony, preventive war, buffer states, imperial overreach, offensive and defensive realism ∗Institute of Informatics, Faculty of Mathematics, Informatics and Mechanics, University of Warsaw, Email: [email protected] yFaculty of Economics and Christ's College, University of Cambridge. Email: [email protected] zFaculty of Economics and Girton College, University of Cambridge, Email: [email protected]. We are grateful to Leonie Baumann, Sihua Ding, Matt Elliott, Edoardo Gallo, Gustavo Nicolas Paez and Bryony Reich for detailed comments on an earlier draft of the paper. The authors are also indebted to Francis Bloch, Vince Crawford, Bhaskar Dutta, Joan Esteban, Dan Kovenock, Dunia Lopez-Pintado, Kai Konrad, Meg Meyer, Herve Moulin, Wojciech Olszewski, Robert Powell, Debraj Ray, Stefano Recchia, Phil Reny, Bruno Strulovici, Ayse Zarakol, and participants at a number of seminars for suggestions and encouragement. Dziubi´nskiacknowledges support from Polish National Science Centre through Grant 2014/13/B/ST6/01807. Goyal acknowledges support from a Keynes Fellowship. Goyal and Minarsch acknowledge support from the Cambridge-INET Institute. 1 Introduction The study of the causes of wars and their implications dates back to antiquity; today, it is an active subject of research across the social sciences, and also in history and political philosophy. -
Law of Armed Conflict
Lesson 1 THE LAW OF ARMED CONFLICT Basic knowledge International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org Original: English – June 2002 INTRODUCTION TO THE LAW OF ARMED CONFLICT BASIC KNOWLEDGE LESSON 1 [ Slide 2] AIM [ Slide 3] The aim of this lesson is to introduce the topic to the class, covering the following main points: 1. Background: setting the scene. 2. The need for compliance. 3. How the law evolved and its main components. 4. When does the law apply? 5. The basic principles of the law. INTRODUCTION TO THE LAW OF ARMED CONFLICT 1. BACKGROUND: SETTING THE SCENE Today we begin a series of lectures on the law of armed conflict, which is also known as the law of war, international humanitarian law, or simply IHL. To begin, I’d like to take a guess at what you’re thinking right now. Some of you are probably thinking that this is an ideal opportunity to catch up on some well-earned rest. “Thank goodness I’m not on the assault course or on manoeuvres. This is absolutely marvellous. I can switch off and let this instructor ramble on for 45 minutes. I know all about the Geneva Conventions anyway – the law is part of my culture and our military traditions. I really don't need to listen to all this legal ‘mumbo jumbo’.” The more sceptical and cynical among you might well be thinking along the lines of a very famous orator of ancient Rome – Cicero. -
Military Strategy: the Blind Spot of International Humanitarian Law
Harvard National Security Journal / Vol. 8 333 ARTICLE Military Strategy: The Blind Spot of International Humanitarian Law Yishai Beer* * Professor of Law, Herzliya Interdisciplinary Center, Herzliya, Israel. The author would like to thank Eyal Benvenisti, Gabriella Blum, Moshe Halbertal, Eliav Lieblich, David Kretzmer, and Kenneth Watkin for their useful comments, and Ohad Abrahami for his research assistance. © 2017 by the President and Fellows of Harvard College and Yishai Beer. 334 2017 / Military Strategy: The Blind Spot of International Humanitarian Law Abstract The stated agenda of international humanitarian law (IHL) is to humanize war’s arena. Since it is the strategic level of war that primarily affects war’s conduct, one might have expected that the law would focus upon it. Paradoxically, the current law generally ignores the strategic discourse and prefers to scrutinize the conduct of war through a tactical lens. This disregard of military strategy has a price that is demonstrated in the prevailing law of targeting. This Article challenges the current blind spot of IHL: its disregard of the direct consequences of war strategy and the war aims deriving from it. It asks those who want to comprehensively reduce war’s hazards to think strategically and to leverage military strategy as a constraining tool. The effect of the suggested approach is demonstrated through an analysis of targeting rules, where the restrictive attributes of military strategy, which could play a significant role in limiting targeting, have been overlooked. Harvard National Security Journal / Vol. 8 335 Table of Contents Introduction ........................................................................................................336 I. Strategy Determines War’s Patterns and Scope .........................................340 II. -
Interdisiplinary Perspectives on the Conquest of Mexico
CONTENTS List of Illustrations vii Acknowledgments xi Introduction 1 PART I. REMEMBERING THE LEGENDS: MOTEUCZOMA, CORTÉS, AND MALINCHE 1. Meeting the Enemy: Moteuczoma and Cortés, Herod and the Magi 11 Louise M. Burkhart 2. Blaming Moteuczoma: Anthropomorphizing the Aztec Conquest 25 Susan D. Gillespie v vi Contents 3. The Hero as Rhetor: Hernán Cortés’s Second and Third Letters to Charles V 57 Viviana Díaz Balsera 4. Now You See Her, Now You Don’t: Memory and the Politics of Identity Construction in Representations of Malinche 75 Constance Cortez PART II. THE TRANSFORMATION OF HISTORY: PAINTING THE CONQUEST OF MEXicO 5. Spanish Creation of the Conquest of Mexico 93 Matthew Restall 6. The Conquest of Mexico and the Representation of Imperial Power in Baroque New Spain 103 Michael J. Schreffler 7. Painting a New Era: Conquest, Prophecy, and the World to Come 125 Diana Magaloni-Kerpel PART III. EFFECTS OF INVASION: DEATH AND CONQUEST 8. Indian Autopsy and Epidemic Disease in Early Colonial Mexico 153 Martha Few 9. Death During the Conquest Era 167 Ximena Chávez Balderas PART IV: CONQUEST OF MEXicO PAINTINGS, THE KISLAK COLLECTION, LIBRARY OF CONGRESS 10. The Kislak Paintings and the Conquest of Mexico 187 Rebecca P. Brienen and Margaret A. Jackson Works Cited 207 Index 225 INTRODUCTION In the fall of 2001, the Jay I. Kislak Foundation invited a small group of schol- ars to view a series of eight seventeenth-century paintings depicting events from the Conquest of Mexico.1 As the paintings were removed from their crates, they revealed a vivid and highly detailed visual history of the Conquest distilled into eight key moments, including the meeting of Cortés and Moteuczoma, the Noche triste, and finally the siege of Tenochtitlan. -
Three Theories of Just War: Understanding Warfare As a Social Tool Through Comparative Analysis of Western, Chinese, and Islamic Classical Theories of War
THREE THEORIES OF JUST WAR: UNDERSTANDING WARFARE AS A SOCIAL TOOL THROUGH COMPARATIVE ANALYSIS OF WESTERN, CHINESE, AND ISLAMIC CLASSICAL THEORIES OF WAR A THESIS SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI‘I AT MĀNOA IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE DEGREE OF MASTER OF ARTS IN PHILOSOPHY MAY 2012 By Faruk Rahmanović Thesis Committee: Tamara Albertini, Chairperson Roger T. Ames James D. Frankel Brien Hallett Keywords: War, Just War, Augustine, Sunzi, Sun Bin, Jihad, Qur’an DEDICATION To my parents, Ahmet and Nidžara Rahmanović. To my wife, Majda, who continues to put up with me. To Professor Keith W. Krasemann, for teaching me to ask the right questions. And to Professor Martin J. Tracey, for his tireless commitment to my success. 1 ABSTRACT The purpose of this analysis was to discover the extent to which dictates of war theory ideals can be considered universal, by comparing the Western (European), Classical Chinese, and Islamic models. It also examined the contextual elements that drove war theory development within each civilization, and the impact of such elements on the differences arising in war theory comparison. These theories were chosen for their differences in major contextual elements, in order to limit the impact of contextual similarities on the war theories. The results revealed a great degree of similarities in the conception of warfare as a social tool of the state, utilized as a sometimes necessary, albeit tragic, means of establishing peace justice and harmony. What differences did arise, were relatively minor, and came primarily from the differing conceptions of morality and justice within each civilization – thus indicating a great degree of universality to the conception of warfare. -
Civilians in Cyberwarfare: Conscripts
Civilians in Cyberwarfare: Conscripts Susan W. Brenner* with Leo L. Clarke** ABSTRACT Civilian-owned and -operated entities will almost certainly be a target in cyberwarfare because cyberattackers are likely to be more focused on undermining the viability of the targeted state than on invading its territory. Cyberattackers will probably target military computer systems, at least to some extent, but in a departure from traditional warfare, they will also target companies that operate aspects of the victim nation’s infrastructure. Cyberwarfare, in other words, will penetrate the territorial borders of the attacked state and target high-value civilian businesses. Nation-states will therefore need to integrate the civilian employees of these (and perhaps other) companies into their cyberwarfare response structures if a state is to be able to respond effectively to cyberattacks. While many companies may voluntarily elect to participate in such an effort, others may decline to do so, which creates a need, in effect, to conscript companies for this purpose. This Article explores how the U.S. government can go about compelling civilian cooperation in cyberwarfare without violating constitutional guarantees and limitations on the power of the Legislature and the Executive. * NCR Distinguished Professor of Law and Technology, University of Dayton School of Law. ** Associate, Drew, Cooper & Anding, P.C., Grand Rapids, Michigan. 1011 1012 Vanderbilt Journal of Transnational Law [Vol. 43:1011 TABLE OF CONTENTS I. INTRODUCTION ............................................................. -
Aggression As a Contextual War Crime Rachel E
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Case Western Reserve University School of Law Case Western Reserve Journal of International Law Volume 48 | Issue 1 2016 Criminally Disproportionate Warfare: Aggression as a Contextual War Crime Rachel E. VanLandingham Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Rachel E. VanLandingham, Criminally Disproportionate Warfare: Aggression as a Contextual War Crime, 48 Case W. Res. J. Int'l L. 215 (2016) Available at: https://scholarlycommons.law.case.edu/jil/vol48/iss1/13 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Journal of International Law 48 (2016) Criminally Disproportionate Warfare: Aggression As A Contextual War Crime Rachel E. VanLandingham* International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. -
"The Laws of Nature and Nations
The Laws of Nature and Nations: War, conquest, and power in early modern political and legal theory Draft Syllabus (NOTE: This syllabus is built upon Anthony Pagden’s course on the Laws of War and Peace but has been significantly adapted and expanded. This syllabus was drafted with the permission of Professor Pagden) Instructor: Mack Eason Email: [email protected] Class Time: _____________________ Class Location: _____________________ Office: _____________________ Office Hours: _____________________ Moodle Website: _____________________ Course Description: This course will look at the development and evolution of the political theories which attempted to define and control the international sphere from the sixteenth to the twentieth centuries. Since the main concern of states in the modern world has been to regulate conflict, we will be concentrating on the struggle to create international agreements on how to control and, if possible, end warfare, define and establish peace. These in turn depend upon an interpretation of the ‘natural law’ and of the ‘law of nations’, which would eventually be transformed into modern ‘international law’. We will begin with the debates in Europe the over the justification of the conquest of America – which were the beginning of the concept of an international order and of international law. We will end with a look at where we stand now, with the emergence of so-called ‘rogue states’, with terrorism as a new mode of international conflict and the concept of ‘human rights’ as a new mode of universalism. -
Law of War Handbook 2005
LAW OF WAR HANDBOOK (2005) MAJ Keith E. Puls Editor 'Contributing Authors Maj Derek Grimes, USAF Lt Col Thomas Hamilton, USMC MAJ Eric Jensen LCDR William O'Brien, USN MAJ Keith Puls NIAJ Randolph Swansiger LTC Daria Wollschlaeger All of the faculty who have served before us and contributed to the literature in the field of operational law. Technical Support CDR Brian J. Bill, USN Ms. Janice D. Prince, Secretary JA 423 International and Operational Law Department The Judge Advocate General's Legal Center and School Charlottesville, Virginia 22903 PREFACE The Law of War Handbook should be a start point for Judge Advocates looking for information on the Law of War. It is the second volume of a three volume set and is to be used in conjunction with the Operational Law Handbook (JA422) and the Documentary Supplement (JA424). The Operational Law Handbook covers the myriad of non-Law of War issues a deployed Judge Advocate may face and the Documentary Supplement reproduces many of the primary source documents referred to in either of the other two volumes. The Law of War Handbook is not a substitute for official references. Like operational law itself, the Handbook is a focused collection of diverse legal and practical information. The handbook is not intended to provide "the school solution" to a particular problem, but to help Judge Advocates recognize, analyze, and resolve the problems they will encounter when dealing with the Law of War. The Handbook was designed and written for the Judge Advocates practicing the Law of War. This body of law is known by several names including the Law of War, the Law of Armed Conflict and International Humanitarian Law.