1st Edition

The Law of Armed Conflict Constraints on the Contemporary Use of Military Force

Edited By Howard M. Hensel Copyright 2007

    Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.

    Contents: Introduction; Military necessity and the war against global terrorism, Gregory A. Raymond; Targeting regime leaders during armed hostilities: an effective way to achieve regime change?, Catherine Lotrionte; The protection of cultural objects during armed conflicts, Howard M. Hensel; The principle of civilian protection and contemporary armed conflict, Mika Nishimura Hayashi; Detention, the 'War on Terror' and international law, Françoise J. Hampson; The impact of the war on terror on the accountability of armed groups, George Andreopoulos; The war on terrorism: time for a new 'Wise War' framework, April Morgan; Conclusion: amid normative and conceptual crisis, Richard Falk; Index.


    Howard M. Hensel is Professor of Politico-Military Affairs at Air War College, Alabama, USA.

    'The right treatment, on the right topic, at the right time, The Law of Armed Conflict is thoughtful and thought-provoking, with broad coverage and deep analyses. Must reading for scholars and policymakers.' Charles W. Kegley, University of South Carolina, USA and President, International Studies Association (1993-1994) 'This volume is indispensable for all those interested in gaining greater insight into the changing role of the law of war, human rights and ethics in armed conflict. Special attention is placed on the "war on terrorism" but always within a historical context while simultaneously emphasizing the contemporary dilemmas. Significant issues are raised...' Professor Adamantia Pollis, New School University, USA '...a welcome addition to the body of literature on the Law of Armed Conflict, also known as International Humanitarian Law...The articles are preceded by an insightful introduction...' JustWarTheory.com 'All of the articles in the volume are thoroughly researched, and highly readable...this volume skillfully brings together a group of extraordinarily talented commentators...The articles, taken together, will contribute substantially to readers' understanding of this important set of issues.' The Law and Politics Book Review '...editor Howard Hensel has assembled a valuable collection of papers...the standard of writing is consistently high throughout the book. With meticulous attention to detail, each chapter is well-sourced and the authors' arguments based on clear reasoning...the book is an excellent contribution to the literature and one likely to inspire more analysis of this important dimension of international politics.' Australian Journal of Politics and History