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Full-Text Articles in Military, War, and Peace
Humanitarian Regulation Of Hostiles: The Decisive Element Of Context, Geoffrey S. Corn
Humanitarian Regulation Of Hostiles: The Decisive Element Of Context, Geoffrey S. Corn
Vanderbilt Journal of Transnational Law
Today, isolated force-on-force battles are considered a relic of the past. Instead, armed forces must expect to conduct combined arms maneuver operations in and around civilians and civilian population centers. And this expectation is only increased when anticipating operations against enemies who see embedding their vital assets in densely populated areas as a force multiplier. This perception is based on not only the inherent tactical advantages of embedding assets among civilian population centers (such as ready access to logistics and lines of communication), but also their recognition that the complexity of conducting operations against these assets in a legally compliant …
Proportionality In Military Force At War's Multiple Levels: Averting Civilian Casualties Vs. Safeguarding Soldiers, Ziv Bohrer, Mark Osiel
Proportionality In Military Force At War's Multiple Levels: Averting Civilian Casualties Vs. Safeguarding Soldiers, Ziv Bohrer, Mark Osiel
Vanderbilt Journal of Transnational Law
To what lengths may a state go to protect its soldiers in war? May it design its military operations to further that goal if this significantly increases civilian casualties? International law currently offers no clear answers. Because recent wars have seen many states prioritize soldier safety over avoiding civilian casualties, spirited debate has arisen over the legal defensibility of this practice. This debate currently focuses on an ethics code proposed by two influential Israeli thinkers and allegedly embodied in Israel's conduct of its 2008-2009 Gaza war with Hamas. This Article shows that current discussion fails to appreciate how judgments about …
Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro
Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro
Vanderbilt Journal of Transnational Law
Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …