Law and Armed Conflict: Exploring the Legal Aspects of Warfare
In the complex world of law and war, understanding the historical and contemporary aspects is crucial. Here are some key books recommended to delve into this intersection, as curated by the War Books series by the Lieber Institute for Law & Warfare.
The "Laws of Yesterday’s Wars" series stands out as the essential recommended text collection for those seeking a foundational and advanced understanding of law and war. Edited by Samuel White and Sean Watts, this series, published by Brill Nijhoff, offers multi-volume, detailed explorations of historical and contemporary laws of war. The series covers diverse legal traditions such as Mongol laws of war, South Sudanese laws of war, and Iban laws of war, providing a broad perspective on how law and warfare have been shaped across different times and cultures.
The series is connected with symposia and expert workshops convened by the Lieber Institute, often in partnership with institutions like Harvard Law School’s Program on International Law and Armed Conflict and the International Committee of the Red Cross. This collaboration contributes to the depth and scholarly quality of the discussion on legal considerations before and during large-scale combat and counterterrorism operations.
While specific titles beyond "Laws of Yesterday’s Wars" are not detailed in the search results, the emphasis is clearly on this series as a comprehensive resource bridging historical legal norms with modern conflict law. For deep constitutional and political legal perspectives on related issues of war and law, scholars like Mark Graber and their works (though outside the direct Lieber series) are also relevant.
In addition to the "Laws of Yesterday’s Wars" series, other notable books include "Lincoln's Code" by John Fabian Witt, which examines the United States' contributions to the international laws of war during the 18th and 19th centuries. The book "Power Wars" by Charlie Savage explores in detail the wide array of national security law issues arising from the September 11 attack and the US and international legal response to it, with a focus on US domestic legal issues related to the rise in presidential authority.
"Power Wars" offers an examination of some of the most important national security law issues of our time, including capture and detention of suspected terrorists, constitutional war powers, torture, and domestic and international surveillance. It is written in clear and comprehensive detail, showing the influence of international legal and security issues on legal-policy terrain at home.
Another book worth mentioning is "Habeas Corpus in Wartime" by Amanda L. Tyler, which surveys the history of habeas corpus during US armed conflicts, including its use during the post-9/11 counterterrorism era. This book demonstrates how international legal issues surrounding a "global" counterterrorism war against a nonstate armed group impact important US domestic issues in constitutional and national security law.
Gary D. Solis' book, "The Law of Armed Conflict," is a law-of-war textbook that provides an overview of the international law governing warfare. The book includes historical case studies, news reports, and personal narratives from service members who fought on the front lines.
Lastly, it's important to note the influence of historical codes of conduct in shaping modern laws of war. The Lieber Code, written by Francis Lieber, has influenced various laws of war including the Hague Regulations and the Geneva Conventions. The Lieber Code was promulgated 160 years ago as a code of conduct for Union Army soldiers, and its publication in 1863 by Abraham Lincoln is included in John Fabian Witt's book "Lincoln's Code."
In the field of academia, Robert Lawless, an assistant professor in the Department of Law at the United States Military Academy at West Point, is a key figure. He teaches courses on constitutional and military law and the law of armed conflict. He is also the director of research for the Lieber Institute for Law & Warfare. However, it's important to note that his current role does not reflect the official position of the United States Military Academy, Department of the Army, or Department of Defense.
Dr. Beth Van Schaack, the US State Department's ambassador-at-large for global criminal justice, has written a book titled "Imagining Justice for Syria" that examines the conflict, the failures of the international legal system in addressing the atrocities, and the prospects for international legal justice in Syria. This book provides a valuable perspective on the challenges faced by the international legal system in addressing complex conflicts like the one in Syria.
In summary, for those interested in understanding the intersection of law and war, the books mentioned above offer a comprehensive and insightful journey through historical and contemporary legal norms, case studies, and perspectives from leading scholars and practitioners in the field.
- The "Laws of Yesterday’s Wars" series, edited by Samuel White and Sean Watts, offers a comprehensive resource for understanding historical and contemporary laws of war, bridging legal norms with modern conflict law.
- To delve deeper into constitutional and political legal perspectives related to war and law, Mark Graber's works are also relevant, though outside the direct Lieber series.
- In addition to "Laws of Yesterday’s Wars," notable books include John Fabian Witt's "Lincoln's Code," which examines the US's contributions to international laws of war during the 18th and 19th centuries.
- Charlie Savage's "Power Wars" explores national security law issues arising post-9/11, focusing on the impact of international legal and security issues on US constitutional and legal-policy terrain.
- Amanda L. Tyler's "Habeas Corpus in Wartime" surveys the history of habeas corpus during US armed conflicts, including its use during the post-9/11 counterterrorism era.
- Gary D. Solis' "The Law of Armed Conflict" provides an overview of the international law governing warfare, with historical case studies, news reports, and personal narratives from service members. The Lieber Code, which has influenced various laws of war, is also discussed in this book.
