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Author: Nobuo Hayashi Publisher: T.M.C. Asser Press ISBN: 9789462656109 Category : Law Languages : en Pages : 0
Book Description
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author: Nobuo Hayashi Publisher: T.M.C. Asser Press ISBN: 9789462656109 Category : Law Languages : en Pages : 0
Book Description
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author: Nobuo Hayashi Publisher: Springer Nature ISBN: 9462656118 Category : Law Languages : en Pages : 307
Book Description
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author: Nobuo Hayashi Publisher: Cambridge University Press ISBN: 1108662080 Category : Law Languages : en Pages : 453
Book Description
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
Author: Jean-Marie Henckaerts Publisher: Cambridge University Press ISBN: 0521808995 Category : Law Languages : en Pages : 610
Book Description
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author: Tom Nichols Publisher: Oxford University Press ISBN: 0197763839 Category : Computers Languages : en Pages : 337
Book Description
"In the early 1990s, a small group of "AIDS denialists," including a University of California professor named Peter Duesberg, argued against virtually the entire medical establishment's consensus that the human immunodeficiency virus (HIV) was the cause of Acquired Immune Deficiency Syndrome. Science thrives on such counterintuitive challenges, but there was no evidence for Duesberg's beliefs, which turned out to be baseless. Once researchers found HIV, doctors and public health officials were able to save countless lives through measures aimed at preventing its transmission"--
Author: Thomas P Odom Publisher: www.Militarybookshop.CompanyUK ISBN: 9781780390024 Category : History Languages : en Pages : 238
Book Description
In August 1964, thousands of Simba rebels attacked and captured the city of Stanleyville in the newly independent Republic of the Congo and took more than 1,600 European and American residents as hostages, threatening to kill them if any attempt was made to recapture the city. In November of that year, after months of increasingly tense and complex discussions among the governments whose nationals were being held, an airborne assault by Belgian paracommandos dropped by American Air Force planes, combined with a CIA-piloted air strike against the Stanleyville airport, liberated most of the hostages, but only after a Simba-initiated massacre. "Dragon Operations: Hostage Rescues in the Congo, 1964-1965" provides both the political background to these events and a detailed account of the actual operations: Dragon Rouge, the operations in Stanleyville, and Dragon Noir, focused on the city of Paulis, several hundred miles away. The book highlights the difficulties in organizing an international rescue effort with insufficient joint planning and inadequate command and control among the Belgian and American forces, as well as their differing political ideas and goals. The ad hoc nature of the planning was exemplified by an initial American Special Forces plan to air drop its forces east of Stanleyville and float down the river to Stanleyville. This plan was aborted when it was pointed out that the existence of Stanley Falls between the drop zone and the city was an insuperable obstacle. The operation also suffered from the Belgian commander's colonial-era contempt for the numerical strength of the Simbas and American fears of what was in reality a non-existent Communist element in the rebel movement."Dragon Operations" demonstrates that, despite the slapdash nature of their planning and communications aspects, as well as the distance involved, the austere support, the large number of hostages, and a lack of intelligence data, they were remarkably successful in rescuing most of the hostages. Although less than ideal, the operations worked better than expected, given the conditions under which they were conducted. This important study of an almost forgotten episode of the Cold War has much to offer to military strategists and tacticians, political scientists and students of contemporary history alike. Orginally published in 1988: 236 p. maps. ill.
Author: United States. President's Commission on Law Enforcement and Administration of Justice Publisher: ISBN: Category : Crime Languages : en Pages : 368
Book Description
This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.
Author: Nobuo Hayashi
Author: Nobuo Hayashi
Author: Nobuo Hayashi
Author: Nobuo Hayashi
Author: Sigrid Redse Johansen
Author: Jean-Marie Henckaerts
Author: David Traven
Author: Tom Nichols
Author: Rose McDermott
Author: Thomas P Odom
Author: United States. President's Commission on Law Enforcement and Administration of Justice