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This book is about how distinctions are drawn between civilians and combatants in modern warfare and how the legal principle of distinction depends on the technical means through which combatants make themselves visibly distinguishable from civilians. The author demonstrates that technologies of visualisation have always been part of the operation of the principle of distinction, arguing that the military uniform sustained the legal categories of civilian and combatant and actively set the boundaries of permissible and prohibited targeting, and so legal and illegal killing. Drawing upon insights from the theory of legal materiality, visual studies, critical fashion studies, and a dozen of military manuals he shows that far from being passive objects of regulation, these technologies help to draw the boundaries of the legitimate target. With its attention to the co-productive relationship between law, technologies of visualisation and legitimation of violence, this book will be relevant to a large community of researchers in international law, international relations, critical military studies, contemporary counterinsurgency operations and the sociology of law.
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This book makes the case for eliminating the distinction between types of armed conflict under international humanitarian law (IHL), specifically as they apply to persons taking a direct part in the hostilities - be they soldiers or insurgents. Currently, IHL makes a distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. The regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This bifurcation of the law was logical at the time the Geneva Conventions of 1949 were drafted and adopted, as the majority of armed conflicts prior to that point had been international in character. However, in the years following the adoption of the Conventions, there has been a proliferation of non-international armed conflicts, which presents challenges to a body of law that has few tools to adequately address such occurrences. The adoption of the Additional Protocols in 1977 went some way to addressing the legal lacunae that existed, but significant gaps still remain. Mindful of this history, this book tracks the growth and evolution of the laws of armed conflict in the modern era, since the first document of the laws of war produced for the American Civil War. In doing so, this book demonstrates how the law of armed conflict has become increasingly harmonized in its application, with more rules of IHL being generally applicable in all instances of armed conflict, regardless of characterization. [...] [...] This book then makes the argument that the time has come for the final step to be taken, the elimination of the distinction between types of armed conflict, and the complete harmonization of the laws of war. Focusing specifically on the issue of combatants and POWs in armed conflicts, and drawing on the recent US treatment of detainees in Guantanamo Bay in the "War on Terror", this book draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied.
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During the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have become victims of their own story. In this book, the author provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, the author explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law.
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Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses-including gender, innocence, and civilization- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980's. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.
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Combatants and noncombatants (International law). --- Prisoners of war --- War --- Legal status, laws, etc. --- Protection of civilians.
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How military commanders interpret the rules of targeting impacts not only on whether civilians and civilian objects are harmed in the course of a military operation, but also on the scale of harm that ensues. Commentators have queried whether military commanders observed the law even when parties to a conflict acted in accordance with mandates to protect civilians, as was the case when a coalition of states bombed targets in Libya in 2011. However, limited guidance is publicly available on how military commanders apply these rules on the battlefield. In order to allow military commanders to ex
Combatants and noncombatants (International law) --- Noncombatants (International law) --- Armed Forces --- Belligerency --- Military law --- International law --- War (International law). --- Targeted killing (International law). --- Military weapons --- Combatants and noncombatants (International law). --- War --- Law and legislation. --- Protection of civilians.
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War (International law) --- Combatants and noncombatants (International law) --- History. --- Philosophy. --- Bezette gebieden. --- Combatants and noncombatants (International law). --- Humanitäres Völkerrecht. --- Krieg. --- Krijgshandelingen. --- Oorlog. --- Politisches Denken. --- War (International law). --- -War (International law) --- -Combatants and noncombatants (International law) --- Noncombatants (International law) --- Belligerency --- Combatants and noncombatants (International law) -- History. --- War (International law) -- History. --- War (International law) -- Philosophy. --- Underground movements --- Guerre (Droit international) --- Combattants et non-combattants (Droit international) --- Mouvements de résistance --- History --- Philosophy --- Histoire --- Philosophie --- Combatants and noncombatants (International law) - History. --- War (International law) - Philosophy. --- Hostilities --- Underground movements, War --- International law --- Neutrality --- Armed Forces --- Military law --- War (International law) - History.
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Combatants and noncombatants (International law) --- Children (International law) --- Combattants et non-combattants (Droit international) --- Enfants --- Droit international --- Children --- Sociale agogiek --- Legal status, laws, etc. --- jeugdbescherming en kinderrechten --- Combatants and noncombatants (International law). --- jeugdbescherming en kinderrechten. --- Noncombatants (International law) --- Child welfare --- Legal status, laws, etc --- Law and legislation --- Law --- Armed Forces --- Belligerency --- Military law --- International law
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