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Between Crime and War: Hybrid Legal Frameworks for Asymmetric Conflict

Between Crime and War: Hybrid Legal Frameworks for Asymmetric Conflict

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780197638798
  • 出版时间 February 2023
  • 规格: Hardback
  • 适应领域:  ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: RM662.63

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  • 描述 
  • 大纲 
  • 详细

    The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The civilian paradigm focuses on the interception of demonstrable immediate threats to the safety of others. The military paradigm focuses on threats posed by collective actors who pose a danger to the state's ability to maintain basic social order and, at times, the very existence of the state. While the United States has responded to the threat posed by non-state armed groups by using tools from both paradigms, it has placed substantially more emphasis on the military paradigm than have other states. While several reasons may contribute to this approach, one may be the assumption that a state must use each set of tools strictly according in accordance with the principles that underlie each paradigm. Implicit in this assumption may be the sense that the only alternative to the civilian paradigm is the unqualified military one.

    The chapters in this book suggest, however that we need not see the options as confined to this binary choice. It may be profitable to consider borrowing elements from each paradigm on some occasions to act more expansively than the conventional civilian paradigm allows, but less expansively than the conventional military paradigm would permit. At the same time, the mixing of the categories comes with its own ethical and legal risks that should be scrutinized.

  • Foreword
    Lieutenant General Charles N. Pede
    Introduction
    Jens David Ohlin & Mitt Regan
    Part I: The Framework Problem in Modern Conflict: Can we Still Distinguish War From Crime?
    Chapter 1. Non-State Actors, Terrorism, and the War Paradigm Revisited
    Seth Cantey
    Chapter 2. The Limits of Law and the Value of Rights in Addressing Terrorism: A Study of the UN Counter-Terrorism Architecture
    Fionnuala Ní Aoláin
    Chapter 3. The Paradox of Discrimination: When More Violence Triggers Fewer Legal Constraints
    Jens David Ohlin
    Chapter 4. Fighting Terrorism under All Applicable Law
    Joshua Andresen
    Chapter 5. When Conflict Recurs: Classification of Conflict when Hostilities Break Out Anew
    Laurie Blank
    Part II: War as Criminal Enforcement
    Chapter 6. Non-State Actors in a Post-War World: Conceptualizing War as Criminal Enforcement
    Claire Finkelstein
    Chapter 7. Urban Warfare: Policing Conflict
    Ken Watkin
    Chapter 8. Ratchet Down or Ramp Up? Contemporary Threats, Armed Conflict, and Tailored Authority
    Geoff Corn
    Chapter 9. Using Law as a Weapon Against Nuclear Proliferation and Terrorism: The U.S. Government's Financial Lawfare Against Iran
    Orde F. Kittrie
    Chapter 10. Human Rights Law as an Alternative to Jus in Bello
    Christopher J. Fuller
    Part III: Fighting Crime as War
    Chapter 11. National Security Policymaking in the Shadow of International Law
    Laura Dickinson
    Chapter 12. Emerging Transnational Self-Defense Norms and Unrealized Liberal Values
    John Dehn
    Chapter 13. Finding Peace in the Law of War
    Lieutenant Colonel Bailey Brown
    Chapter 14. From Armed Conflict to Countering Threat Networks: Counterterrorism and Social Network Analysis
    Todd Huntley & Mitt Regan
    Part IV: crime and war: prosecuting terrorism and war crimes
    Chapter 15. Counting the Ripples: The Challenge of Extraterritorial Jurisdiction to Prosecute Non-State Actors
    Evan R. Seamone
    Chapter 16. Diversifying the Sources of Evidence in Terrorism Cases Before Criminal Courts in (Post-)Conflict and High-Risk Situations: The Role of The Military
    Bibi Van Ginkel, Christophe Paulussen, & Tanya Mehra
    Chapter 17. U.S. Military Prosecutions During Non-International Armed Conflict
    Chris Jenks

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