The Law of Armed Conflict: Constraints on the Contemporary Use of Military Force, 1st Edition (Paperback) book cover

The Law of Armed Conflict

Constraints on the Contemporary Use of Military Force, 1st Edition

Edited by Howard M. Hensel


280 pages

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Paperback: 9780754671138
pub: 2007-02-23
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eBook (VitalSource) : 9781315238753
pub: 2017-09-29
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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.


'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…' '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

Table of Contents

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.

About the Editor

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

About the Series

Global Interdisciplinary Studies Series

Global Interdisciplinary Studies Series
The Global Interdisciplinary Studies Series reflects a recognition that globalization is leading to fundamental changes in the world order, creating new imperatives and requiring new ways of understanding the international system. It is increasingly clear that the next century will be characterized by issues that transcend national and cultural boundaries, shaped by competitive forces and features of economic globalization yet to be fully evaluated and understood. Comparative and comprehensive in concept, this series explores the relationship between transnational and regional issues through the lens of widely applicable interdisciplinary methodologies and analytic models. The series consists of innovative monographs and collections of essays representing the best of contemporary research, designed to transcend disciplinary boundaries in seeking to better understand a globalizing world.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW / International
LAW / Military