The War on Terror and the Laws of War: A Military Perspective

Terrorism and Global Justice

by Geoffrey S. Corn, Michael W. Lewis, Eric Jensen

When a soldier in the field of battle is under attack in a small village and comes upon a villager who could be a combatant or a civilian, what rules govern how that soldier should act? If the soldier detains the villager and determines that the villager is an unaffiliated combatant, what do the rules of detention require? In The War on Terror and the Laws of War, six legal scholars with experience as military officers bring practical wisdom to the contentious topic of applying international law to the battlefield. The authors apply their unique expertise to issues that have gained greater urgency during the United States' wars in Iraq and Afghanistan: including categorizing targets and properly detaining combatants. The modern battlefield has proven to be a difficult arena in which to apply traditional legal rules. The War on Terror and the Laws of War brings clarity to the subject with an insider's perspective.

Genres: Law

264 pages, Hardcover

First published September 11, 2009

Reviews

[Dr. Phoenix]

An outstanding text devoted to examining the the application of law in modern conflict, particularly those aspects of international humanitarian law. Much of the book revolves around the jus in bello constructs, as they relate to the conduct of war under IHL or the law of armed conflict as it is also referred to. The book proceeds in a rather chronological fashion beginning with the precepts of entering war or Jus ad bellum and contiued through to cover appropriate conduct on the battlefield as well as the conditions related to the taking and transfer of prisoners all the way up to and including the post conflict trail stages. Ideally the reader should have some basis in just war theory or the laws of war to fully appreciate this rather academic discourse. THat being said, the style adopted for its writing also make it readily available to the non-specialized, lay reader with an interest in war and how it is legally conducted and constrained. I would highly recommend this titles, albeit bearing in mind this previous minor concern.