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Counterinsurgency Law

Counterinsurgency Law New Directions in Asymmetric Warfare

Author: William Banks
Publisher: Oxford University Press USA
ISBN: 9780199941445
Published In: February 2013
Format: Hardback , 416 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first interdisciplinary treatment by serious academics of the challenges of fitting COIN and other forms of irregular warfare into the legal and policy paradigms for armed conflicts in the 21st century.
An unbiased review of COIN and its variants, offered as the war in Afghanistan winds down and next conflicts emerge.
No other peer-reviewed collection assembles the breadth and depth of real-world and academic experience of the contributors to this volume.

In Counterinsurgency Law, William Banks and several distinguished contributors explore 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 contributor in the book explores the premise that in COIN 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 matters of policy with implications for the international community and for global security more generally.

Readership: Scholars, students, law libraries.

INTRODUCTION - William C. Banks, Shaping a Global Legal Framework for Counterinsurgency: Placing Postmodern War in Context

Part I: Converging Paradigms in Contemporary Armed Conflict: Framing Problems of COIN
Chapter 1 - Daphné Richemond-Barak, The Human Rights Council and the Convergence of Humanitarian Law and Human Rights Law
Chapter 2 - Evan J. Criddle, Proportionality in Counterinsurgency: Reconciling Human Rights and Humanitarian Law

Part II: Reunifying the Laws of Armed Conflict: Non-international Conflict and COIN Operations
Chapter 3 - Eric Talbot Jensen, Reunifying the Law of Armed Conflict in COIN Operations through a Sovereign Agency Theory
Chapter 4 - Geoffrey S. Corn, Two Sides of the Combatant Coin: Untangling Direct Participation from Belligerent Status in Non-international Armed Conflicts

Part III: Protecting Civilians and Risking the Force in COIN
Chapter 5- Peter Margulies, Valor's Vices: Against a State Duty to Risk Forces in Armed Conflict
Chapter 6 - Christopher Jenks, Agency of Risk: The Competing Balance between Protecting Military Forces and the Civilian Population During Counterinsurgency Operations in Afghanistan
Chapter 7 - Gregory S. McNeal, New Approaches to Reducing and Mitigating Harm to Civilians

Part IV: New Problems for Unconventional Battlefields
Chapter 8- Boaz Ganor, Terrorism and the Laws of Multi-Dimensional Warfare
Chapter 9 - Robert M. Chesney, The Use of Force Regime and Unconventional Threats: Anwar al-Awlaki as a Case Study
Chapter 10 - Corri Zoli, The Gaza Flotilla Incident: The Role of Maritime Law and Strategy in COIN Operations

William Banks, Professor of Law, Syracuse University College of Law, U.S.A.

William C. Banks is the Board of Advisors Distinguished Professor of Law at the Syracuse University College of Law, where he directs the Institute for National Security and Counterterrorism. He also serves as a Professor of Public Affairs and International Affairs at the Maxwell School of Citizenship & Public Affairs at Syracuse University and as the Editor-in-Chief of the Journal of National Security Law and Policy. With Stephen Dycus and Peter Raven-Hansen, he is also co-author of National Security Law, 5th edition, the leading text in the subject area.

Contributors:
Dr. Daphné Richemond-Barak, Chapter 1, The Human Rights Council and the Convergence of Humanitarian Law and Human Rights Law.

Evan J. Criddle, Associate Professor of Law, Syracuse University College of Law.

Eric Talbot Jensen, Associate Professor, Brigham Young University Law School. Previously Chief, International Law Branch, Office of The Judge Advocate General, U.S. Army; Military Legal Advisor to U.S. forces in Baghdad, Iraq and in Tuzla, Bosnia; Legal Advisor to the U.S. contingent of U.N. Forces in Macedonia.

Geoffrey Corn, Associate Professor of Law, South Texas College of Law. Formerly Special Assistant for Law of War Matters and Chief of the Law of War Branch, Office of The Judge Advocate General, United States Army; Chief of International Law, U.S. Army Europe; Professor of International and National Security Law, U.S. Army Judge Advocate General's School.

Chris Jenks, Lieutenant Colonel, U.S. Army Judge Advocate General's Corps. Presently serving as the Chief of the International Law Branch, Office of The Judge Advocate General, Washington, D.C.

Peter Margulies, Professor of Law, Roger Williams University School of Law. I thank Ken Anderson, Sam Estreicher, Monica Hakimi, Dick Jackson, Bill Kuebler, Mike Lewis, David Luban, Matt Waxman and participants at the 2012 National Security Law Conference at the South Texas College of Law for comments on earlier drafts.

Chris Jenks, Lieutenant Colonel, U.S. Army Judge Advocate General's Corps. Presently serving as the Chief of the International Law Branch, Office of The Judge Advocate General, Washington, D.C.

Gregory S. McNeal, Chapter 7, New Approaches to Reducing and Mitigating Harm to Civilians.

Dr. Boaz Ganor, Founder & Executive Director of the The International Policy Institute for Counter Terrorism (ICT), and Deputy Dean of the Lauder School of Government at The Interdisciplinary Center, Herzliya, Israel.

Robert Chesney, Charles I. Francis, Professor in Law, University of Texas School of Law.

Corri Zoli, Chapter 10, The Gaza Freedom Flotilla: Politicizing Maritime Law in Asymmetric Contexts.