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"This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.
This new edition has been revised and updated to take account of the many diplomatic, legal and military developments of the last ten years. Conflicts in the Persian Gulf, the Balkans and Rwanda have ensured that the laws of war remain relevant.
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.
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.
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
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.

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