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Civilian Immunity in War

Civilian Immunity in War
Author: Igor Primoratz
Publisher: Oxford University Press
Total Pages: 276
Release: 2007-10-04
Genre: Law
ISBN: 0199290741

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The protection of noncombatants from deadly violence is the centrepiece of any account of ethical and legal constraints on war. It was a major achievement of moral progress from early modern times to World War I. Yet it has been under constant attrition since - perhaps never more so than in our time, with its 'new wars', the spectre of weapons of mass destruction, and the global terrorism alert. Civilian Immunity in War presents eleven specially written essays on the main aspects of this highly topical subject. Written in a clear and non-technical style, this volume will appeal to students and researchers in philosophy, politics, and law, as well as anyone with an interest in the ethics and legality of war.


Civilian Immunity in War

Civilian Immunity in War
Author: Igor Primoratz
Publisher: OUP Oxford
Total Pages: 288
Release: 2007-10-04
Genre: Philosophy
ISBN: 0191537446

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The protection of noncombatants from deadly violence is the centrepiece of any account of ethical and legal constraints on war. It was a major achievement of moral progress from early modern times to World War I. Yet it has been under constant attrition since - perhaps never more so than in our time, with its 'new wars', the spectre of weapons of mass destruction, and the global terrorism alert. Civilian Immunity in War, written in collaboration by eleven authors, provides the first comprehensive analysis of all main aspects of this highly topical subject. It considers the arguments for rejection of civilian immunity and the main theories of the grounds and proper scope of this immunity, both deontological (just war theory) and consequentialist. Separate chapters examine the historical development of the idea of civilian immunity, its standing in current international law, and the problem of "collateral damage": of harming civilians without intent, as a side-effect of attacks on military targets. The volume also addresses a string of specific issues. Civilian immunity has undergone much attrition with the development of air warfare and the tendency of military conflict to degenerate into "total" war. On the other hand, modern military technology with its precision guidance missiles and "smart" bombs opens up the possibility of restricting deadly violence to its proper targets and staying clear of civilian life, limb, and property. Another pressing issue is the fate of women in war in light of mass rapes characteristic of some 'new wars'.


Protecting Civilians During Violent Conflict

Protecting Civilians During Violent Conflict
Author: Igor Primoratz
Publisher: Routledge
Total Pages: 367
Release: 2016-04-15
Genre: Social Science
ISBN: 1317074351

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There is almost unanimous agreement that civilians should be protected from the direct effects of violent conflict, and that the distinction between combatant and non-combatant should be respected. But what are the fundamental ethical questions about civilian immunity? Are new styles of conflict making this distinction redundant? Eloquently combining theory and practice, leading scholars from the fields of political science, law and philosophy have been brought together to provide an essential overview of some of the major ethical, legal and political issues with regard to protecting civilians caught up in modern inter- and intra-state conflicts. In doing so, they examine what is being done, and what can be done, to make soldiers more aware of their responsibilities in this area under international law and the ethics of war, and more able to respond appropriately to the challenges that will confront them in the field. 'Protecting Civilians During Violent Conflict' presents a clear-eyed look at the dilemmas facing regular combatants as they confront enemies in the modern battlespace, and especially the complications arising from the new styles of conflict where enemy and civilian populations merge.


Civilian Victims in War

Civilian Victims in War
Author: Alan L. Grey
Publisher: Routledge
Total Pages: 184
Release: 2017-10-02
Genre:
ISBN: 9781138520554

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The status of the civilian today is that of a calculated casualty, to die immediately or after agonizing suffering. The civilian is also a hostage in the political power struggle, since his continued safety depends upon the decision or even impulse of his leaders. This is true if he is a citizen of a major power, or if he lives elsewhere in unstable social and political environments. Hartigan's book is a unique effort to deal with a mass, but hidden problem: the status of the civilian non-combatant in conditions of armed conflict. Civilian Victims in War fills the gaps in our knowledge of the origins of civilian immunity, so that a full evaluation of the principle's continued worth may be made. The book reviews the concepts of noncombatants, civilian immunity, how it arose from need and intuition and developed into legal practice. The volume focuses on the development of this concept in the Western tradition, not because civilian immunity was absent in Asia or Africa, but because its present formulation owes its origin and elaboration to European custom, practice, and thought. Civilian Victims in War is the first book to deal with the central theme of the innocent non-combatant. Hartigan seeks to pursue this subject in greater depth, and asks the intelligent layman to reconsider his or her options in the face of modern warfare. He touches on many subjects in this work which will spark interest with the general public and policy personnel, those who should recognize themselves as civilians and see this book as their tragic history.


The Oxford Handbook of Ethics of War

The Oxford Handbook of Ethics of War
Author: Seth Lazar
Publisher: Oxford University Press
Total Pages: 496
Release: 2018-01-12
Genre: Philosophy
ISBN: 0199944393

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Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.


Non-Combatant Immunity as a Norm of International Humanitarian Law

Non-Combatant Immunity as a Norm of International Humanitarian Law
Author: Judith Gail Gardam
Publisher: BRILL
Total Pages: 213
Release: 2023-11-27
Genre: Law
ISBN: 9004632409

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Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.


Non-combatant Immunity as a Norma of International Humanitarian Law

Non-combatant Immunity as a Norma of International Humanitarian Law
Author: Judith Gail Gardam
Publisher: Martinus Nijhoff Publishers
Total Pages: 218
Release: 1993-04-08
Genre: Law
ISBN: 9780792322450

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Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.


Gender and Civilian Victimization in War

Gender and Civilian Victimization in War
Author: Jessica Peet
Publisher:
Total Pages: 208
Release: 2020-01-31
Genre: Civilians in war
ISBN: 9781138290846

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This book explores the role of gender in influencing war-fighting actors' strategies towards the attack or protection of civilians. Traditional narratives suggest that killing civilians intentionally in wars happens infrequently, and that the perpetration of civilian targeting is limited to aberrant actors. Recently, scholars have shown that both state and non-state actors target civilians, even while explicitly deferring to the civilian immunity principle. This book fills a gap in the accounts of how civilian targeting happens, and shows that these actors are in large part targeting women rather than some gender-neutral understanding of civilians. It presents a history of civilian victimization in wars and conflicts, and then lays out a feminist theoretical approach to understanding civilian victimization. It explores the British Blockade of Germany in World War I, the Soviet 'Rape of Berlin' in World War II, the Rwandan genocide, and the contemporary conflict in northeast Nigeria. Across these case studies, the authors lay out how gender is key to how war-fighting actors understand both themselves and their opponents, and therefore plays a role in shaping strategic and tactical choices. It makes the argument that seeing women in nationalist and war narratives is crucial to understanding when and how civilians come to be targeted in wars, and how that targeting can be reduced. This book will be of much interest to students of critical security, gender studies, war studies and IR in general.


Just War Theory and Civilian Casualties

Just War Theory and Civilian Casualties
Author: Marcus Schulzke
Publisher: Cambridge University Press
Total Pages: 251
Release: 2017-08-10
Genre: History
ISBN: 1107189691

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This book addresses the inadequacies of just war theory and international law regarding civilian rights, developing new principles of individual restorative justice.


Targeting Civilians in War

Targeting Civilians in War
Author: Alexander B. Downes
Publisher: Cornell University Press
Total Pages: 329
Release: 2011-05-15
Genre: Political Science
ISBN: 0801457297

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Accidental harm to civilians in warfare often becomes an occasion for public outrage, from citizens of both the victimized and the victimizing nation. In this vitally important book on a topic of acute concern for anyone interested in military strategy, international security, or human rights, Alexander B. Downes reminds readers that democratic and authoritarian governments alike will sometimes deliberately kill large numbers of civilians as a matter of military strategy. What leads governments to make such a choice? Downes examines several historical cases: British counterinsurgency tactics during the Boer War, the starvation blockade used by the Allies against Germany in World War I, Axis and Allied bombing campaigns in World War II, and ethnic cleansing in the Palestine War. He concludes that governments decide to target civilian populations for two main reasons—desperation to reduce their own military casualties or avert defeat, or a desire to seize and annex enemy territory. When a state's military fortunes take a turn for the worse, he finds, civilians are more likely to be declared legitimate targets to coerce the enemy state to give up. When territorial conquest and annexation are the aims of warfare, the population of the disputed land is viewed as a threat and the aggressor state may target those civilians to remove them. Democracies historically have proven especially likely to target civilians in desperate circumstances. In Targeting Civilians in War, Downes explores several major recent conflicts, including the 1991 Persian Gulf War and the American-led invasion of Iraq in 2003. Civilian casualties occurred in each campaign, but they were not the aim of military action. In these cases, Downes maintains, the achievement of quick and decisive victories against overmatched foes allowed democracies to win without abandoning their normative beliefs by intentionally targeting civilians. Whether such "restraint" can be guaranteed in future conflicts against more powerful adversaries is, however, uncertain. During times of war, democratic societies suffer tension between norms of humane conduct and pressures to win at the lowest possible costs. The painful lesson of Targeting Civilians in War is that when these two concerns clash, the latter usually prevails.