Law and War

International Law & American History

Author: Peter Maguire

Publisher: Columbia University Press

ISBN: 0231146477

Category: Law

Page: 349

View: 4893

"This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.
Posted in Law

A Documentary History of the American Civil War Era

Volume 2, Political Arguments

Author: Thomas C. Mackey

Publisher: Univ. of Tennessee Press

ISBN: 1621900215

Category: History

Page: 440

View: 6407

A Documentary History of the American Civil War Era is the first comprehensive collection of public policy actions, political speeches, and judicial decisions related to the American Civil War. This three-volume set gives scholars and students easy access to the full texts of both the most important, fundamental documents as well as hard-to-find, rarely published primary sources on this critical period in U.S. history. Volume 2 in the series, Political Arguments, presents the words of politicians, political party platforms, and administrative speeches. It is divided into two sections. The first, Voices of the Politicians and Political Parties, comprises the platforms of the major (and some minor) parties from1856 to 1876. Also included are such pieces as Robert E. Lee’s letter of resignation from the U.S. Army, a few key speeches by that rising politician from Illinois, Abraham Lincoln, and a letter on the “American Question” written by a European observer, Karl Marx. Other items include examples of the 1860–1861 state ordinances of secession and addresses on emancipation and Reconstruction by Jefferson Davis and by the Republican leader in the House of Representatives, Thaddeus Stevens. Section two, Voices of the Administrations, contains records from the presidencies of James Buchanan, Abraham Lincoln, Andrew Johnson, Ulysses S. Grant, and Rutherford B. Hayes as well as a message from Confederate President Jefferson Davis telling his congress that the Southern cause was “just and holy.” Classic documents such as Lincoln’s announcement of forthcoming emancipation and the Emancipation Proclamation are here, as are lesser-known but important documents such as Francis Lieber’s 1863 revised law code for war, General Order 100, and Attorney General James Speed’s 1865 opinion supporting the Johnson administration’s decision to try the Lincoln murder conspirators by special military commission and not in the civilian courts. Each of the selections in Political Arguments is preceded by editor Thomas Mackey’s introductory headnotes that explain the document’s historical significance and trace its lasting impact. These commentaries provide insight into not just law and public policy but also the broad sweep of issues important to Civil War– era Americans. A Documentary History of the American Civil War Era is an essential acquisition for academic and public libraries in addition to being a valuable resource for courses on the War and Reconstruction, legal history, political history, and nineteenth- century American history. Thomas C. Mackey is professor of history at the University of Louisville and adjunct professor of law at the Brandeis School of Law. He is the author of Red Lights Out: A Legal History of Prostitution, Disorderly Houses, and Vice Districts, 1870–1917 and Pornography on Trial: A Handbook with Cases, Laws, and Documents.
Posted in History

A History of the Laws of War: Volume 1

The Customs and Laws of War with Regards to Combatants and Captives

Author: Alexander Gillespie

Publisher: Bloomsbury Publishing

ISBN: 1847318614

Category: Law

Page: 278

View: 2066

This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BCE, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and regulating the treatment of captives. This first book on warfare deals with the broad question of whether the patterns of dealing with combatants and captives have changed over the last 5,000 years, and if so, how? In terms of context, the first part of the book is about combatants and those who can 'lawfully' take part in combat. In many regards, this part of the first volume is a series of 'less than ideal' pathways. This is because in an ideal world there would be no combatants because there would be no fighting. Yet as a species we do not live in such a place or even anywhere near it, either historically or in contemporary times. This being so, a second-best alternative has been to attempt to control the size of military forces and, therefore, the bloodshed. This is also not the case by which humanity has worked over the previous centuries. Rather, the clear assumption for thousands of years has been that authorities are allowed to build the size of their armed forces as large as they wish. The restraints that have been applied are in terms of the quality and methods by which combatants are taken. The considerations pertain to questions of biology such as age and sex, geographical considerations such as nationality, and the multiple nuances of informal or formal combatants. These questions have also overlapped with ones of compulsion and whether citizens within a country can be compelled to fight without their consent. Accordingly, for the previous 3,000 years, the question has not been whether there should be a limit on the number of soldiers, but rather who is or is not a lawful combatant. It has rarely been a question of numbers. It has been, and remains, one of type. The second part of this book is about people, typically combatants, captured in battle. It is about what happens to their status as prisoners, about the possibilities of torture, assistance if they are wounded and what happens to their remains should they be killed and their bodies fall into enemy hands. The theme that ties all of these considerations together is that all of the acts befall those who are, to one degree or another, captives of their enemies. As such, they are no longer masters of their own fate. As a work of reference this first volume, as part of a set of three, is unrivalled, and will be of immense benefit to scholars and practitioners researching and advising on the laws of warfare. It also tells a story which throws fascinating new light on the history of international law and on the history of warfare itself. 'The law impacts on modern military operations at all levels. The importance of understanding the influence of international law, and the constraints, which it places upon the conduct of armed conflict, is an essential area of study. Dr Alexander Gillespie's three volume work traces the development and scope of this law from the earliest times through the modern day. In doing so he identifies constant themes and common principles in the law, as well, unfortunately, as all too common breaches. Commanders and historians, as well as lawyers, will find this book of great value. It is written in a practical and useful style and brings to light many fascinating examples of the law at work in times of war from which contemporary lessons can be learned'. Brigadier Kevin Riordan, Director General of Defence Legal Services for the New Zealand Defence Forces. 'The span of scholarship on offer in these volumes is astonishingÂ?an extraordinary gathering of historical and legal materials many of which record the most sombre and tragic events of human history - war in all its terrible forms.' Rt Hon Sir Geoffrey Palmer, Former Prime Minister of New Zealand 'At a time of real challenge, Alexander Gillespie is to be commended for his monumental and significant contribution to our understanding of the context, practice and principles that govern war and armed conflict. This vital book is an indispensable part of any library, and will be a necessary resource for governments, NGOs, international organisers, academics and lawyers involved in the issues.' Professor Philippe Sands QC, University College London ''This is a comprehensive and comprehensible account of the laws of, against and about war. It is both authoritative and accessible - Alexander Gillespie's great achievement is to provide a map for a better future, in which the inevitable horrors of armed conflict are recognised and minimised, and those
Posted in Law

War Crimes, Genocide, and Justice

A Global History

Author: D. Crowe

Publisher: Springer

ISBN: 1137037016

Category: Political Science

Page: 501

View: 7512

In this sweeping, definitive work, historian David Crowe offers an unflinching account of the long and troubled history of genocide and war crimes. From ancient atrocities to more recent horrors, he traces their disturbing consistency but also the heroic efforts made to break seemingly intractable patterns of violence and retribution.
Posted in Political Science

A World History of War Crimes

From Antiquity to the Present

Author: Michael Bryant

Publisher: Bloomsbury Publishing

ISBN: 1472505026

Category: History

Page: 304

View: 5943

A World History of War Crimes provides a truly global history of war crimes and the involvement of the legal systems faced with these acts. Documenting the long historical arc traced by human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal norms, this book provides a comprehensive one-volume account of war and the laws that have governed conflict since the dawn of world civilizations. Throughout his narrative, Michael Bryant locates the origin and evolution of the law of war in the interplay between different cultures. While showing that no single philosophical idea underlay the law of war in world history, this volume also proves that war in global civilization has rarely been an anarchic free-for-all. Rather, from its beginnings warfare has been subject to certain constraints defined by the unique needs and cosmological understandings of the cultures that produce them. Only in late modernity has law assumed its current international humanitarian form. The criminalization of war crimes in international courts today is only the most recent development of the ancient theme of constraining when and how war may be fought.
Posted in History

Decoding International Law

Semiotics and the Humanities

Author: Susan Tiefenbrun

Publisher: Oxford University Press

ISBN: 0199749566

Category: Political Science

Page: 588

View: 2079

Violations of international law and human rights laws are the plague of the twentieth and twenty-first centuries. Violence and the flagrant violation of human rights have a naturally dramatic effect that inspires writers, film makers, artists, philosophers, historians, and legal scholars to represent these horrors in their work. In Decoding International Law: Semiotics and the Humanities, Professor Tiefenbrun helps readers understand international law as represented indirectly in the humanities.
Posted in Political Science

Changes in Law and Society During the Civil War and Reconstruction

A Legal History Documentary Reader

Author: Christian G. Samito

Publisher: SIU Press

ISBN: 9780809328895

Category: History

Page: 336

View: 1079

The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.
Posted in History

A Documentary History of the Civil War Era

Volume 1, Legislative Achievements

Author: Thomas C. Mackey

Publisher: Univ. of Tennessee Press

ISBN: 1572339276

Category: History

Page: 328

View: 5324

A Documentary History of the American Civil War Era is the first comprehensive collection of public policy actions, political speeches, and judicial decisions related to the American Civil War. This three-volume set gives scholars, teachers, and students easy access to the full texts of the most important, fundamental documents as well as hard-to-find, rarely published primary sources on this critical period in U.S. history. The first volume of the series, Legislative Achievements, contains legislation passed in response to the turmoil seizing the country on the brink of, during, and in the wake of the Civil War. Forthcoming are volume 2, Political Arguments, which contains voices of politicians, political party platforms, and administrative speeches, and volume 3, Judicial Decisions, which provides judicial opinions and decisions as the Civil War raged in the courtrooms as well as on the battlefields. Organized chronologically, each of the selections is preceded by an introductory headnote that explains the document’s historical significance and traces its lasting impact. These headnotes provide insight into not only law and public policy but also the broad sweep of issues that engaged Civil War–era America. Legislative Achievements features some of the most momentous and enduring public policy documents from the time, beginning with the controversial September 15, 1850, Fugitive Slave Act and concluding with the June 18, 1878, Posse Comitatus Act. Both military and nonmilitary legislation constitute this part, including the April 19, 1861, proclamation by President Abraham Lincoln declaring a naval blockade on Southern ports and Confederate President Jefferson Davis’s proclamation authorizing blockade runners to attack Northern shipping, both issued on the same day. Nonmilitary legislation includes statutes affecting the postwar period, such as the 1862 Homestead Act, the Civil Rights Act of 1866, and all four of the Reconstruction Acts. Also in this section are the three constitutional amendments, the Habeas Corpus Acts of 1863 and 1867, the Freedman’s Bureau Acts of 1865 and 1866, and the 1867 Tenure of Office Act together with President Andrew Johnson’s message vetoing the Act. A Documentary History of the American Civil War Era is an essential acquisition for academic and public libraries in addition to being a valuable resource for students of the Civil War and Reconstruction, legal history, public policy, and nineteenth-century American history. THOMAS C. MACKEY is a professor of history at the University of Louisville and adjunct Professor of Law at Brandeis School of Law. He is the author of Pornography on Trial (2002) and Pursuing Johns (2005).
Posted in History

Crimes against Humanity

Historical Evolution and Contemporary Application

Author: M. Cherif Bassiouni

Publisher: Cambridge University Press

ISBN: 1139498932

Category: Law

Page: N.A

View: 5375

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
Posted in Law

All the Missing Souls

A Personal History of the War Crimes Tribunals

Author: David Scheffer

Publisher: Princeton University Press

ISBN: 0691157847

Category: Biography & Autobiography

Page: 533

View: 4391

This title is Scheffer's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.
Posted in Biography & Autobiography

Prisoners in War

Author: Sibylle Scheipers

Publisher: OUP Oxford

ISBN: 0191610380

Category: Political Science

Page: 342

View: 3431

The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ensuing legal and political problems concerning detainees in those conflicts. This book analyses these contemporary problems and challenges against the background of their historical development. It provides a multidisciplinary yet highly coherent perspective on the historical trajectory of legal and ethical norms in this field by integrating the historical analysis of war with a study of the emergence of the modern legal regime of prisoners in war. In doing so, it provides the first comprehensive study of prisoners, detainees and internees in war, covering a broad range of both regular and irregular wars from the crusades to contemporary counterinsurgency campaigns. The book revolves around two major developments: First, there has been a continuous increase in the political relevance of prisoners in war, in particular since the emergence of POW camps in the nineteenth century. Secondly, and related, the growth in the legal regime pertaining to prisoners had contradictory consequences. Whilst it enhanced the protection of prisoners in regular conflicts, its state-centric bias tends to exclude combatants who do not fit the template of regular inter-state war. Detainees in the 'war on terror' embody both tendencies, the development of which, however, is by no means a novel phenomenon. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
Posted in Political Science

The Color of Law: A Forgotten History of How Our Government Segregated America

Author: Richard Rothstein

Publisher: Liveright Publishing

ISBN: 1631492861

Category: Social Science

Page: 336

View: 2562

"Rothstein has presented what I consider to be the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation." —William Julius Wilson In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation—that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day. Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north. As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods. The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.
Posted in Social Science

Guantanamo and the Abuse of Presidential Power

Author: Joseph Margulies

Publisher: Simon and Schuster

ISBN: 0743286863

Category: Law

Page: 338

View: 3653

Argues that the Bush administration is abusing the law to give unlimited legal power to the president, citing the author's fight to win prisoners at Guantâanamo Bay the right to a judicial review.
Posted in Law

Justice Older Than the Law

The Life of Dovey Johnson Roundtree

Author: Katie McCabe,Dovey Johnson Roundtree

Publisher: Univ. Press of Mississippi

ISBN: 9781604737745

Category: Biography & Autobiography

Page: 259

View: 7429

From the streets of Charlotte, North Carolina, to the segregated courtrooms of the nation's capital, from the white male bastion of the World War II Army to the male stronghold of Howard University Law School, from the pulpits of churches where women had waited years for the right to minister--in all these places Dovey Johnson Roundtree (b. 1914) sought justice. Though she is a legendary African American figure in the legal community of Washington, D.C., she remains largely unknown to the American public. "Justice Older than the Law" is her story, the product of a remarkable, ten-year collaboration with National Magazine Award-winner Katie McCabe. As a protege of Mary McLeod Bethune, Roundtree became one of the first women to break the gender and color barriers in the United States military. Inspired by Thurgood Marshall and James Madison Nabrit, Jr., Roundtree went on to make history by winning a 1955 bus desegregation case, "Sarah Keys v. Carolina Coach Company." That decision demolished "separate but equal" in the realm of interstate transportation and enabled Attorney General Robert F. Kennedy to combat southern resistance to the Freedom Riders' campaign in 1961. At a time when black attorneys had to leave the courthouses to use the bathrooms, Roundtree took on Washington's white legal establishment and prevailed. She led the vanguard of women ordained to the ministry in the African Methodist Episcopal Church in 1961 and merged her law practice with her ministry to fight for families and children being destroyed by urban violence. Hers is a vision of biblical and social justice older by far than the law, and her life story speaks movingly and urgently to our racially troubled times."
Posted in Biography & Autobiography

A Scrap of Paper

Breaking and Making International Law during the Great War

Author: Isabel V. Hull

Publisher: Cornell University Press

ISBN: 0801470641

Category: History

Page: 352

View: 521

A century after the outbreak of the Great War, we have forgotten the central role that international law and the dramatically different interpretations of it played in the conflict’s origins and conduct. In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. Throughout, she emphasizes the profound tension between international law and military necessity in time of war, and demonstrates how differences in state structures and legal traditions shaped the way in which each of the three belligerents fought the war Hull focuses on seven cases in which each government’s response was shaped by its understanding of and respect for the law: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry (including poison gas and the zeppelin), and reprisals. Drawing on voluminous research in German, British, and French archives, the author reconstructs the debates over military decision making and clarifies the role played by law—where it constrained action, where it was manipulated to serve military need, where it was simply ignored, and how it developed in the crucible of combat. She concludes that Germany did not speak the same legal language as the two liberal democracies, with disastrous and far-reaching consequences. The first book on international law and the Great War published since 1920, A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Posted in History

The Law of War

A Detailed Assessment of the US Department of Defense Law of War Manual

Author: William H. Boothby,Wolff Heintschel von Heinegg

Publisher: Cambridge University Press

ISBN: 1108427588

Category: History

Page: N.A

View: 2699

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Posted in History

Prelude to Nuremberg

Allied War Crimes Policy and the Question of Punishment

Author: Arieh J. Kochavi

Publisher: Univ of North Carolina Press

ISBN: 0807866873

Category: History

Page: 328

View: 5614

Between November 1945 and October 1946, the International Military Tribunal in Nuremberg tried some of the most notorious political and military figures of Nazi Germany. The issue of punishing war criminals was widely discussed by the leaders of the Allied nations, however, well before the end of the war. As Arieh Kochavi demonstrates, the policies finally adopted, including the institution of the Nuremberg trials, represented the culmination of a complicated process rooted in the domestic and international politics of the war years. Drawing on extensive research, Kochavi painstakingly reconstructs the deliberations that went on in Washington and London at a time when the Germans were perpetrating their worst crimes. He also examines the roles of the Polish and Czech governments-in-exile, the Soviets, and the United Nations War Crimes Commission in the formulation of a joint policy on war crimes, as well as the neutral governments' stand on the question of asylum for war criminals. This compelling account thereby sheds new light on one of the most important and least understood aspects of World War II.
Posted in History