Counterinsurgency Law: New Directions in Asymmetric Warfare
William Banks
Abstract
This book explores, from an interdisciplinary legal and policy perspective, the multiple challenges that counterinsurgency operations pose today to the rule of law—international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each chapter explores the premise that in counterinsurgency operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are e ... More
This book explores, from an interdisciplinary legal and policy perspective, the multiple challenges that counterinsurgency operations pose today to the rule of law—international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each chapter explores the premise that in counterinsurgency operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments—but they are matters of policy with implications for the international community and for global security more generally.
Keywords:
counterinsurgency,
rule of law,
human rights law,
armed conflict,
international humanitarian law,
international law,
national security,
9/11
Bibliographic Information
Print publication date: 2013 |
Print ISBN-13: 9780199941445 |
Published to Oxford Scholarship Online: April 2015 |
DOI:10.1093/acprof:osobl/9780199941445.001.0001 |
Authors
Affiliations are at time of print publication.
William Banks, author
Professor of Law, Syracuse University College of Law, Syracuse, NY, U.S.A.
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