Counterinsurgency Law: New Directions in Asymmetric Warfare

Hardcover | February 13, 2013

byWilliam Banks

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In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, anddomestic.Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legaland policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments - but matters of policy with implications for the international community and forglobal security more generally.

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In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, anddomestic.Addressing the considerable challenges f...

William Banks is the Board of Advisors Distinguished Professor of Law at the Syracuse University College of Law, where he directs the Institute for National Security and Counterterrorism. He also serves as a Professor of Public Affairs and International Affairs at the Maxwell School of Citizenship and Public Affairs at Syracuse Univer...

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Format:HardcoverDimensions:416 pages, 9.25 × 6.12 × 0.98 inPublished:February 13, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199941440

ISBN - 13:9780199941445

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Table of Contents

William C. Banks: Introduction - Shaping a Global Legal Framework for Counterinsurgency: Placing Postmodern War in ContextPart I: Converging Paradigms in Contemporary Armed Conflict: Framing Problems of COIN1. Daphne Richemond-Barak: The Human Rights Council and the Convergence of Humanitarian Law and Human Rights Law2. Evan J. Criddle: Proportionality in Counterinsurgency: Reconciling Human Rights and Humanitarian LawPart II: Reunifying the Laws of Armed Conflict: Non-international Conflict and COIN Operations3. Eric Talbot Jensen: Reunifying the Law of Armed Conflict in COIN Operations through a Sovereign Agency Theory4. Geoffrey S. Corn: Two Sides of the Combatant Coin: Untangling Direct Participation from Belligerent Status in Non-international Armed ConflictsPart III: Protecting Civilians and Risking the Force in COIN5. Peter Margulies: Valor's Vices: Against a State Duty to Risk Forces in Armed Conflict6. Christopher Jenks: Agency of Risk: The Competing Balance between Protecting Military Forces and the Civilian Population During Counterinsurgency Operations in Afghanistan7. Gregory S. McNeal: New Approaches to Reducing and Mitigating Harm to CiviliansPart IV: New Problems for Unconventional Battlefields8. Boaz Ganor: Terrorism and the Laws of Multi-Dimensional Warfare9. Robert M. Chesney: The Use of Force Regime and Unconventional Threats: Anwar al-Awlaki as a Case Study10. Corri Zoli: The Gaza Flotilla Incident: The Role of Maritime Law and Strategy in COIN Operations