War as Protection and Punishment

War as Protection and Punishment PDF

Author: Teresa Degenhardt

Publisher:

Published: 2024

Total Pages: 0

ISBN-13: 9781032563190

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"This book provides an analysis of how penal discourses are used to legitimate post-Cold-War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers' violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of the punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimise military conventions"--

War as Protection and Punishment

War as Protection and Punishment PDF

Author: Teresa Degenhardt

Publisher: Taylor & Francis

Published: 2023-09-15

Total Pages: 179

ISBN-13: 1135107386

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This book provides an analysis of how penal discourses are used to legitimate post-Cold War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers’ violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimize military conventions.

The Oxford Handbook of International Criminal Law

The Oxford Handbook of International Criminal Law PDF

Author: Darryl Robinson

Publisher: Oxford University Press

Published: 2020-02-24

Total Pages: 896

ISBN-13: 0192558889

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In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

A History of the Laws of War: Volume 2

A History of the Laws of War: Volume 2 PDF

Author: Alexander Gillespie

Publisher: Bloomsbury Publishing

Published: 2011-10-07

Total Pages: 324

ISBN-13: 1847318622

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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 ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: Volume 1 on the laws affecting combatants and captives; Volume 2 on civilians; and Volume 3 on the law of arms control. This second book on civilians examines four different topics. The first topic deals with the targetting of civilians in times of war. This discussion is one which has been largely governed by the developments of technologies which have allowed projectiles to be discharged over ever greater areas, and attempts to prevent their indiscriminate utilisation have struggled to keep pace. The second topic concerns the destruction of the natural environment, with particular regard to the utilisation of starvation as a method of warfare, and unlike the first topic, this one has rarely changed over thousands of years, although contemporary practices are beginning to represent a clear break from tradition. The third topic is concerned with the long-standing problems of civilians under the occupation of opposing military forces, where the practices of genocide, collective punishments and/or reprisals, and rape have occurred. The final topic in this volume is about the theft or destruction of the property of the enemy, in terms of either pillage or the intentional devastation of the cultural property of the opposition. As a work of reference this set of three books 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.

War and Punishment

War and Punishment PDF

Author: H. E. Goemans

Publisher: Princeton University Press

Published: 2012-01-06

Total Pages: 366

ISBN-13: 1400823951

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What makes wars drag on and why do they end when they do? Here H. E. Goemans brings theoretical rigor and empirical depth to a long-standing question of securities studies. He explores how various government leaders assess the cost of war in terms of domestic politics and their own postwar fates. Goemans first develops the argument that two sides will wage war until both gain sufficient knowledge of the other's strengths and weaknesses so as to agree on the probable outcome of continued war. Yet the incentives that motivate leaders to then terminate war, Goemans maintains, can vary greatly depending on the type of government they represent. The author looks at democracies, dictatorships, and mixed regimes and compares the willingness among leaders to back out of wars or risk the costs of continued warfare. Democracies, according to Goemans, will prefer to withdraw quickly from a war they are not winning in order to appease the populace. Autocracies will do likewise so as not to be overthrown by their internal enemies. Mixed regimes, which are made up of several competing groups and which exclude a substantial proportion of the people from access to power, will likely see little risk in continuing a losing war in the hope of turning the tide. Goemans explores the conditions and the reasoning behind this "gamble for resurrection" as well as other strategies, using rational choice theory, statistical analysis, and detailed case studies of Germany, Britain, France, and Russia during World War I. In so doing, he offers a new perspective of the Great War that integrates domestic politics, international politics, and battlefield developments.

War Crimes

War Crimes PDF

Author: Matthew Talbert

Publisher: Oxford University Press, USA

Published: 2018-11

Total Pages: 185

ISBN-13: 019067587X

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In 2005, US Marines killed 24 unarmed Iraqi civilians in the town of Haditha, including several children. How should we assess the perpetrators of this and other war crimes? Is it unfair to blame the Marines because they were subject to situational pressures such as combat stress (and had lost one of their own in combat)? Or should they be held responsible for their actions, since they intentionally chose to kill civilians? In this book, Matthew Talbert and Jessica Wolfendale take up these moral questions and propose an original theory of the causes of war crimes and the responsibility of war crimes perpetrators. In the first half of the book, they challenge accounts that explain war crimes by reference to the situational pressures endured by military personnel, including peer pressure, combat stress, and propaganda. The authors propose an alternative theory that explains how military personnel make sense of their participation in war crimes through their self-conceptions, goals, and values. In the second half of the book, the authors consider and reject theories of responsibility that excuse perpetrators on the grounds that situational pressures often encourage them to believe that their behavior is permissible. Such theories of responsibility are unacceptably exculpatory, implying it is unreasonable for victims of war crimes to blame their attackers. By contrast, Talbert and Wolfendale argue that perpetrators of war crimes may be blameworthy if their actions express objectionable attitudes towards their victims, even if they sincerely believe that what they are doing is right.

Encyclopedia of War Crimes and Genocide

Encyclopedia of War Crimes and Genocide PDF

Author: Leslie Alan Horvitz

Publisher: Infobase Publishing

Published: 2014-05-14

Total Pages: 593

ISBN-13: 1438110294

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Entries address topics related to genocide, crimes against humanity and peace, and human rights violations; profile perpetrators including Joseph Stalin, Pol Pot, and Idi Amin; and discuss institutions set up to prosecute these crimes in countries around the world.

The Laws of War in International Thought

The Laws of War in International Thought PDF

Author: Pablo Kalmanovitz

Publisher: Oxford University Press, USA

Published: 2020-09-14

Total Pages: 209

ISBN-13: 0198790252

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Two broad competing normative conceptions of war can be distinguished in the history of legal and political thought. The first and nowadays more familiar belongs to the tradition of "just war." It sees war as an instrument of justice, indeed the most extreme form of supra-national lawenforcement, justified only in the most serious cases of violation of right. The second conception has been labelled "lawful", "legitimate", or "regular war", where war is not enforcement of justice, but a legally regulated procedure governing the pursuit of conflicting legitimate claims amongequal and autonomous political entities.This book sheds light on the relationship between law and morals in armed conflict, and can be read as a historical argument against the disappearance of the regular war concept. Kalmanovitz highlights three important contemporary challenges: the juridification of aggression and the "turn to ethics"in international law; the progressive individualization of war; and the predominance of asymmetrical warfare and armed nonstate actors.This study of the regular war tradition brings historical and theoretical perspective to these recent conceptual transformations, which undermine the fundamental and long-standing distinction between war and police action. It contributes to clarify the stakes in the erosion of internationalpluralism and the normative depoliticization of war. In revisiting the regular war tradition, a clearer sense of these ongoing transformations is realised, inspiring fresh perspectives on the justifiability of war.

The War on Neighborhoods

The War on Neighborhoods PDF

Author: Ryan Lugalia-Hollon

Publisher: Beacon Press

Published: 2018-04-17

Total Pages: 264

ISBN-13: 0807084662

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A narrative-driven exploration of policing and the punishment of disadvantage in Chicago, and a new vision for repairing urban neighborhoods For people of color who live in segregated urban neighborhoods, surviving crime and violence is a generational reality. As violence in cities like New York and Los Angeles has fallen in recent years, in many Chicago communities, it has continued at alarming rates. Meanwhile, residents of these same communities have endured decades of some of the highest rates of arrest, incarceration, and police abuse in the nation. The War on Neighborhoods argues that these trends are connected. Crime in Chicago, as in many other US cities, has been fueled by a broken approach to public safety in disadvantaged neighborhoods. For nearly forty years, public leaders have attempted to create peace through punishment, misinvesting billions of dollars toward the suppression of crime, largely into a small subset of neighborhoods on the city’s West and South Sides. Meanwhile, these neighborhoods have struggled to sustain investments into basic needs such as jobs, housing, education, and mental healthcare. When the main investment in a community is policing and incarceration, rather than human and community development, that amounts to a “war on neighborhoods,” which ultimately furthers poverty and disadvantage. Longtime Chicago scholars Ryan Lugalia-Hollon and Daniel Cooper tell the story of one of those communities, a neighborhood on Chicago’s West Side that is emblematic of many majority-black neighborhoods in US cities. Sharing both rigorous data and powerful stories, the authors explain why punishment will never create peace and why we must rethink the ways that public dollars are invested into making places safe. The War on Neighborhoods makes the case for a revolutionary reformation of our public-safety model that focuses on shoring up neighborhood institutions and addressing the effects of trauma and poverty. The authors call for a profound transformation in how we think about investing in urban communities—away from the perverse misinvestment of policing and incarceration and toward a model that invests in human and community development.

The Feminist War on Crime

The Feminist War on Crime PDF

Author: Aya Gruber

Publisher: Univ of California Press

Published: 2020-05-26

Total Pages: 302

ISBN-13: 0520973143

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Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.