Law and War

Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey

• Publisher: Stanford Law Books
• Year: 2014
• Print ISBN: 9780804787420
• eBook ISBN: 9780804788861
• Edition: 1
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn.

In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?

Index

Abu Ghraib prison, 154, 210

Additional Protocol 1 (AP1), 30–31, 32, 34, 51, 56, 57

Additional Protocol 2, 51

Afghanistan War: civilians targeted by Taliban, 25, 43n4; compensation to civilians, 70; criminal acts of U.S. personnel, 47n52; war crimes trials during, 209, 210–11

Aggression: ambiguity, 178; crime of, 11, 62–63, 178, 181, 203, 205, 218; individual responsibility and, 62, 202; war crimes during wars of, 175, 200, 201

Air strikes: civilian casualties, 35–36; by drones, 1–3, 157; in Vietnam War, 165–66, 174, 175, 179–80, 190n52; in World War II, 179

Al-Awlaki, Anwar, 1–3

Al-Bashir, Omar, 215, 216

Alito, Samuel, 120

Allegiance school, 64, 65

Al Qaeda, 46n43, 72, 77, 85, 126–27n16

American Bar Association, 169

American Friends Service Committee, 176

American Revolution, 95–96

American Society of International Law, 172

Amnesty International, 39

Ancient Greece: rules of war, 7; war crimes trials, 198

Anthony, Henry B., 102

Anthrax, 84, 85, 126–27n16

Anticontagionists, 101

AP1, see Additional Protocol 1

Apocalypse Now, 166

Asymmetric tactics, 25

Atrocities: in colonial wars, 161; in Iraq War, 18, 40, 41, 157, 158, 182, 210–11; in Vietnam War, 159, 162–67, 168, 174–76. See also War crimes

AUMF, see Authorization for Use of Military Force

Aum Shinrikyo, 84

Australia, mousepox, 127n20

Authorization for Use of Military Force (AUMF), 2

Avian influenza, 85–86

Baez, Joan, 179, 195n99

Bales, Robert, 47n52

Bashir, Omar al-, see Al-Bashir, Omar

Baxter, Richard, 172, 191n63, 195–96n106

Belligerent reprisals, 52, 56

Benedict, Michael Les, 102

Bin Laden, Osama, 122

Biodefense: military role, 88–89, 90, 91; spending on, 121; state and federal roles, 90–91. See also Quarantine...

Table of contents

• Cover
• Copyright
• Title Page
• Series Page
• Dedication
• Acknowledgments
• Contents
• Contributors
• Law and War: An Introduction
• Limits of Law: Promoting Humanity in Armed Conflict
• The Individualization of War: From War to Policing in the Regulation of Armed Conflicts
• Pandemic Disease, Biological Weapons, and War
• From Antiwar Politics to Antitorture Politics
• War Crimes Trials during and after War
• Index
• Series List