The Liberal Way of War : Legal Perspectives book cover
1st Edition

The Liberal Way of War
Legal Perspectives

ISBN 9781138254671
Published October 31, 2016 by Routledge
326 Pages

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Book Description

Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and ’responsibility to protect,’ as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order. With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.



Dr Robert P. Barnidge, Jr is Associate Professor, Assistant Dean (Continuing and Executive Education) and Executive Director, Centre for International Legal Studies, at O.P. Jindal Global University. His educational achievements include: BA (Notre Dame), JD (Chapel Hill), LLM (Amsterdam), PhD (Queen’s Belfast). He is a licensed attorney in the state of Missouri, USA. His research interests are in the areas of: Public International Law, International Humanitarian Law, International Human Rights Law, United Nations Law, State Responsibility, Terrorism, and he has published widely in these and related areas.


’More than a decade after 9/11, this timely book explores the dilemmas faced by liberal states in confronting asymmetric warfare waged primarily by non-state actors. Legal experts offer lucid assessments at the intersection of human rights law, international humanitarian law and Islamic law that must be understood in order for liberal societies to maintain their core values while meeting dynamic security challenges.' William C. Banks, Syracuse University, USA ’The Liberal Way of War discards the tired practice of counterpoising human rights and humanitarian law in a normative turf war. Instead, using the touchstone of liberalism, it examines the synergistic relationship between these bodies of law and the nature of the conflicts that they govern. Robert P. Barnidge, Jr. is to be commended for bringing together such an accomplished group of original thinkers to examine this dynamic from different perspectives.’ Michael Schmitt, United States Naval War College, USA