The Laws of War in History and Contemporary History..Ius ad Bellum and Ius in Bello

174 TUTOR: Christopher Barder

The rules of states' behaviour matter.Witness Russia and North Korea flouting expected and required 'legal' norms. How did such norms occur and how effective are they at restraining rogues and outlaws? Are the post World War II arrangements to be subject to revision for security and economic purposes or is such transformation a major set of threats to peace and mutual regard alongside dictatorships and authoritarian rule? Contemporary and recent events shed much light on many of international law's principles, importance and on its application.

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Course Notes

This important topic has received a lot of misleading coverage and is in the media regularly, with some wars being reported upon intensively, some not. Within the portrayals some emphasise the 'laws of war' and some wars seemingly are less worthy of such assessment, being without such restraints. Why this is so needs looking at closely and so also why 'bias' seems prevalent in some reportage; some wars are considered less worthy even of regular coverage.

DAY 1:Are there laws or rules which have created principles to govern behaviour and legality? Are these merely 'Western' attempts to introduce limitations and controls over behaviour and for how long have they existed? Why are they so little taught at school or even at newspaper levels? From where do they come, either ad bellum or in bello? Antecedent history is important.

Day 2: From 19th century to World War II: attempts at definitions. These are the essence of much that has come after the Nuremberg trials. The impact of these and of the Eichman trial.

Day 3: Behaviour of armies; and entering into wars and ending them; ad bellum. Modern warfare in bello.

Day 4: Wars and laws at Sea, international rules for the sea long standing essentials for an island as also in the Air. Submarines, cables, missile boats, gunboats; drones and missiles, space and satellites, and more.

Day 5: Wars and terrorism, judicial assassination, proportionality, espionage and other specialised fields.

Select bibliography: (Not in any order of importance, richly varied!)

Klaus Dodds, Border wars

Peter Bergen, Drone Wars

Michael Howard, War and the Liberal Conscience

Michael Howard, The Laws of war - Constraints on Warfare in the western World

Ben Tippett, The Laws of War

Geoffrey Corn, James Schoettler Jr., et mult al., The war on Terror and the Laws of War: A Military Perspective

Ingrid Detter, The Laws of War

Adam Roberts, Documents on the Laws of War (3rd ed.)

Michael Walzer, Just and Unjust Wars: A Moral Argument with Historical Illustrations

Michael Walzer, Arguing About war

Alan Dershowitzz, Terror Tunnels: The case for Israel's Just war Against Hamas

Stephen Grey, The New Spymasters: Inside Espionage from the Cold War to Global Terror

Darrell Cole, When God Says war is Right: The Christian's Perspective on When and How to Fight

Lawrence Freedman, Deterrence

 

 

Course Tutor

Christopher Barder

About Christopher

Christopher Barder, a sometime History Foundation Scholar at Pembroke College Cambridge and researcher, has had various articles published on British politics and international relations. He has had books published and in-depth analyses of Israeli security affairs; and has a pronounced understanding of matters pertaining to terrorism and policy. He has not stood on the fence too often!

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