The Liberal Way of War: Legal Perspectives

by Robert Barnidge jr

Overview

Examining some of the huge challenges that liberal States faced in the decade after 11 September 2001, the chapters in this book address three aspects of the impact of more than a decade of military action.This book begins by considering four different expressions of universalist moral aspirations, including the prohibition of torture, and discusses migration and ‘responsibility to protect,’ as well as the United Nations Human Rights Committee's Concluding Observations about security and liberty in the last decade. International humanitarian law and the problems posed by the territorial character of war and the effects of new technologies and child soldiers are also analysed. Finally, Islamic law and its interface with international law is considered from a new perspective, and contributions in this final part offer a different way of thinking about an authentically Islamic modernisation that would be compatible with Western models of political order.

With contributions from international lawyers from diverse backgrounds, this book fills an important gap in the literature on the themes of international human rights law, international humanitarian law and Islamic law.

Product Details

ISBN-13:	9781409467410
Publisher:	Ashgate Publishing Ltd
Publication date:	10/28/2013
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Dr Robert P. Barnidge, Jr is Associate Professor, Assistant Dean (Continuing and Executive Education) and Executive Director, Centre for International Legal Studies, at O.P. Jindal Global University. His educational achievements include: BA (Notre Dame), JD (Chapel Hill), LLM (Amsterdam), PhD (Queen’s Belfast). He is a licensed attorney in the state of Missouri, USA. His research interests are in the areas of: Public International Law, International Humanitarian Law, International Human Rights Law, United Nations Law, State Responsibility, Terrorism, and he has published widely in these and related areas.

Alan Cromartie, Robert P. Barnidge Jr, Malcolm D. Evans, Colin Harvey, J. Craig Barker, Sandy Ghandhi, Susan Breau, Noëlle Quénivet, Louise Arimatsu, Kalliopi Chainoglou, Niaz A. Shah, Anicée Van Engeland, John Strawson David Turns.

Table of Contents

Contents: Foreword, Alan Cromartie; Introduction, Robert P. Barnidge Jr; Part I Applying International Human Rights Law: How has the prohibition of torture survived 11 September 2001?, Malcolm D. Evans; The ‘global dance’ of humanity and legality: terror, migration and human rights, Colin Harvey; The responsibility to protect: lessons from Libya and Syria, J. Craig Barker; The United Nations Human Rights Committee and counter-terrorism measures of states parties to the International Covenant on Civil and Political Rights after 11 September 2001, Sandy Ghandhi. Part II International Humanitarian Law and Today’s ‘New Wars’: Civilian casualties and drone attacks: issues in international humanitarian law, Susan Breau; The ‘new wars’ of children or on children? International humanitarian law and the ‘underaged combatant’, Noëlle Quénivet; Spatial conceptions of the law of armed conflict, Louise Arimatsu; An assessment of cyber warfare issues in light of international humanitarian law, Kalliopi Chainoglou. Part III Islamic Law and Its Interface with International Law: The Islamic law of Qital and the law of armed conflict: a comparison, Niaz A. Shah; Islam as a religion of peace: an articulated reply to terrorism, Anicée Van Engeland; Islamic law after the Arab Spring: the challenges of Islamism and modernity, John Strawson; Afterword: a liberal way to war? International law and two centuries of ‘benevolent aggression’, David Turns; Index.