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Tort Liability in Warfare: States' Wrongs and Civilians' Rights

Tort Liability in Warfare: States' Wrongs and Civilians' Rights

Author: Haim Abraham
Publisher: Oxford University Press
ISBN: 9780198893356
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

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Description
Contents

Details

In the turbulent arena of armed conflicts, Tort Liability in Warfare: States' Wrongs and Civilians' Rights emerges as a groundbreaking exploration of civilians' legal recourse against states for losses to life, bodily integrity, and property.

With a fresh perspective informed by corrective justice, the law of war, and substantive rule of law principles, Haim Abraham constructs a novel framework for understanding the moral and legal obligation of states to civilians in the aftermath of combat, and proposes that existing domestic tort law could and should address wrongful losses in this context. This book boldly confronts the prevailing academic and legal orthodoxy which dismisses the application of tort law in times of war, and offers a framework that empowers individuals to vindicate their rights and acts as a bulwark against abuse of public power.

By reviewing and analyzing the applicability of tort law to peacekeeping, urban warfare, counter-terrorism activities, and long-range warfare in Australia, Canada, England, Israel, and the United States, the book offers real world insights on how tort liability can serve as a mechanism for reparations and accountability.

Tort Liability in Warfare is a clarion call for a shift in legal paradigms, urging a path towards effective remedies for civilians caught in the crossfire of nations at war. It is an essential read for legal scholars, practitioners, and anyone invested in the pursuit of justice in the complex landscape of armed conflict.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.

Introduction

Defining Rights, Wrongs, and Duties

The Combatant Activities Exception and the Rule of Law

Intentional Torts in War

Negligent Warfare

Unpacking States’ Vicarious and Direct Liabilities

The Comparative Merits of Tort Liability and Its Alternatives

Conclusions: A Case for Tort Liability for Belligerent Wrongs