Defensive Deterrence

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Practical Problem ◽  
Strategic Thinking ◽  
National Defense ◽  
Global Security ◽  
Defense Strategy ◽  
Essential Component ◽  
The Law ◽  
Compliance With The Law ◽  
The Military

This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.

Is the Good News About Law Compliance Good News About Norm Compliance? The Case of Racial Equality

2018 ◽  
Vol 72 (2) ◽  
pp. 351-385 ◽  
Author(s):  
Zoltán I. Búzás
Keyword(s):  
Human Rights ◽  
International Law ◽  
Racial Equality ◽  
Good News ◽  
Norm Violations ◽  
Norm Compliance ◽  
Human Rights Advocacy ◽  
The Law ◽  
Compliance With The Law ◽  
Human Rights Norms

AbstractThe most important international human rights norms are legalized or codified in international treaty law. Yet pernicious practices at odds with these norms endure and sometimes even increase after legalization. According to conventional wisdom, this is because agents commit to but do not comply with international law and the underlying norms. I develop a theory of evasion to explain why norm violations persist even when states technically comply with the law. Because legalization transposes social norms into international law imperfectly, it creates gaps between laws and underlying norms. Because of these norm-law gaps, legality and normative appropriateness will diverge. States caught between opposing pressures from pro-violation and pro-compliance groups exploit this gap through what I call evasion—the intentional minimization of normative obligations that technically complies with international law but violates underlying norms. I demonstrate the theory's empirical purchase in the cases of the French expulsion of Roma immigrants and the Czech school segregation of Roma children. Under the cover of technical compliance with the law, these states violated the norm of racial equality. The argument cautions that the good news about law compliance is not necessarily good news about norm compliance, broadens our understanding of norm violators' agency, and has practical implications for human rights advocacy.

scholarly journals International law and the military use of unmanned maritime systems

2016 ◽  
Vol 98 (902) ◽  
pp. 567-592 ◽  
Author(s):  
Michael N. Schmitt ◽  
David S. Goddard
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Status ◽  
State Of The Art ◽  
Law Of The Sea ◽  
Naval Warfare ◽  
The Law ◽  
The Military

AbstractUnmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.

Classifying the conflict: a soldier's dilemma

2009 ◽  
Vol 91 (873) ◽  
pp. 143-161 ◽  
Author(s):  
Andrew J. Carswell
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Forces ◽  
Military Leadership ◽  
The Political ◽  
Decision Making Process ◽  
Political Factors ◽  
The Law ◽  
Riot Control ◽  
The Military

AbstractModern armed forces are employed in a wide array of operations that range from peacetime riot control to outright international armed conflict. Classifying these various scenarios to determine the applicable international law is rendered difficult by both the lack of clarity inherent in the law and the political factors that tend to enter the decision-making process. The author describes the major challenges of legal classification facing the military leadership, and proposes a solution to ensure that the intended beneficiaries of the law – from soldiers to civilians – do indeed receive its protection.

scholarly journals MODERN PROBLEMS RELATED TO THE OBSERVANCE OF HUMAN RIGHTS IN THE MILITARY CONFLICT ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 34 (2) ◽  
pp. 93-99
Author(s):  
V.V. Goncharov ◽  
◽  
N.N. Berzeova ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
International Justice ◽  
The South ◽  
Military Conflict ◽  
The Law ◽  
The Military

The article deals with the problems of human rights in the context of armed conflict and the actions of the anti-terrorist operation in the South-East of Ukraine. The analyzes the fundamental documents of international law and the law of Ukraine in the field of basic human rights and freedoms and identifies violations of regulations in the field of ensuring the security of citizens, the use of the army and prohibited weapons against civilians and civilian infrastructure. Based on the research carried out in the article, the author identifies and justifies the following ways to resolve the conflict: the introduction of troops of peacekeepers in the zone of military conflict; resolving issues of actual compensation for victims and relatives of victims; the implementation of international justice against those responsible for unleashing the conflict and war crimes against citizens.

The Rulings of the Israeli Military Courts and International Law

2019 ◽  
Vol 25 (1) ◽  
pp. 149-169
Author(s):  
Nery Ramati
Keyword(s):  
International Law ◽  
Humanitarian Law ◽  
Court System ◽  
Law System ◽  
Court Of Appeals ◽  
Military Commander ◽  
Occupied Territories ◽  
The Law ◽  
Military Law ◽  
The Military

Abstract International humanitarian law (IHL) provides the occupying power extensive legal tools in order to allow it to control and govern the local occupied population, with the possibility of establishing a military law system being one of the most influential. The military law system gives the Military Commander of the occupied area an immense power as a potential legislator and judicial authority, but what happens when this legal system encounters the limitations placed by IHL in general and Occupation Law in particular? To examine this question, this article will present the case of the Israeli Military Court system in the Palestinian Occupied Territories and its use, abuse and misuse of international law norms. Based on the 5565 published rulings of the Military Court of Appeals, this research identifies all of the cases that refer to international law. This article suggests that the evolving approaches of the courts to international law are, in fact, a tool to justify and advance Israeli interests over the rights of the Palestinian defendants. Moreover, the article presents the potential impact these rulings have on the law in Palestine, the law in Israel and customary international law.

scholarly journals Good Medicine for Bad Politics? New Realism in the International Rule of Law

2018 ◽  
Vol 112 ◽  
pp. 255-258
Author(s):  
Ian Hurd
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Crisis ◽  
New Realism ◽  
Legal Obligations ◽  
Good Medicine ◽  
Law Of Nations ◽  
The Law ◽  
Compliance With The Law ◽  
International Rule

When an international crisis erupts it is common to hear experts say that the situation would be improved if all parties uphold their international legal obligations. From the Syrian war to Burma's massacres to Guantánamo torture, faithful compliance with the law of nations is often prescribed as part of the cure for policies gone wrong. My work is motivated by curiosity about how international law comes to be seen as a universal good and its effects when invoked as “good medicine for bad policies.” Compliance with international law often appears in policy and scholarly analyses like a magical machine that transforms hot disagreements about what should be done into cool solutions that serve the interests of everyone. My work examines this idea with a degree of skepticism and holds it up against some empirical cases. I suggest a return to pragmatic realism regarding the politics behind the international rule of law.

Jihād, Gender, and Religious Minorities in the Siyar Literature: the Diachronic View

2019 ◽  
Vol 114 (1) ◽  
pp. 1-26
Author(s):  
Asma Afsaruddin
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Religious Minorities ◽  
Law Of Nations ◽  
The Law ◽  
The Military

Abstract Siyar in Islamic law refers to the law of nations or international law. This study focuses on five siyar works composed between the 2nd/8th and 7th/13th centuries in order to compare and analyze their content diachronically in connection with two specific topics. The first topic is concerned with changing juridical conceptualizations of the role of the combative or military jihād in the Muslim polity’s relations with non-Muslim ones during this period. The second has to do with the evolution of siyar rules governing the treatment of non-Muslim and female participants in the military jihād, especially in the matter of the division of spoils. Four of these works represent the four major Sunnī madhāhib while the fifth is an early work predating the formation of these schools of law. Comparison of the content of these works allows us to draw certain conclusions about the nature and purview of the military jihād, as progressively articulated by jurists during the period under discussion. One of the major conclusions to be drawn from this study is that the combative jihād became an exclusively masculine and Muslim activity and effectively excluded women and non-Muslims from participation in it after the 2nd/8th century.

scholarly journals Optimization of Sea Defense Strategy Through Operation of the Hospital Auxiliary Vessel to Support National Defense

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Setyawan Widiarto ◽  
◽  
Sudibyo Sudibyo ◽  
Lukman Yudho Prakoso ◽  
Suhirwan Suhirwan ◽  
...  
Keyword(s):  
Operating Time ◽  
Phenomenological Approach ◽  
Strategy Development ◽  
National Defense ◽  
Military Operations ◽  
Public Health Services ◽  
Defense Strategy ◽  
Material Transportation ◽  
Operations Other Than War ◽  
The Military

The dynamics of the strategic environment at the global, regional and national levels give rise to various types of threats, both military and non-military threats, encouraging to optimize the Indonesian Sea Defense Strategy (SDS) which has the characteristics of an archipelagic country. In accordance with peaceful conditions, the optimization of SDS is more appropriate if it is directed at the military operations other than war, which in this study focuses on the operation of Hospital Auxiliary Vessel (HAV). There were problems related to the ineffective HAV operation, because it was used for material transportation and border operations. Its operation doesn’t provide public health services in isolated, frontier and outermost areas. The purpose of this study is to analyze and explain the implementation and to formulate strategies to optimize SDS through the operation of HAV in order to support national defense. The research used is descriptive qualitative with a phenomenological approach. The data were obtained from interviews at the Ministry of Defense, Ministry of Health and Indonesian Navy Headquarters. The results of the studied that SDS through the operation of HAV was implemented quite well, but the operating time often exceeded the initial plan due to the limited number of HAV and their crew. The conclusion from this research is necessary for optimization of SDS which is emphasized on the Sea Control Strategy in accordance with the strategy development on the ends, ways and means components.

scholarly journals Metaphor Power of Military Doctrines in Russian, Chinese and American English

2021 ◽  
Vol 19 (3) ◽  
pp. 110-121
Author(s):  
O. I. Kalinin
Keyword(s):  
American English ◽  
White Paper ◽  
Emotional Impact ◽  
Military Doctrine ◽  
National Defense ◽  
Cognitive Effect ◽  
Defense Strategy ◽  
The Us ◽  
Different Types ◽  
The Military

Metaphor in modern linguistics is understood not only as a means of decorating speech, but also as a means of structuring, transforming and creating new knowledge, evoking emotions, influencing the perception. The article aims to estimate the potential speech impact of the military doctrines’ texts with the help of the metaphor power quantitative index. The methodology is based on calculating the indices of metaphor density (MDI), intensity (MII) and functionality of metaphors in the text (MfPI). The theoretical basis of the research is the conceptual metaphor theory by J. Lakoff and M. Johnson, as well as ideas about the metaphor power and the potential persuasiveness of metaphors in the text and discourse, most fully presented in the works on meta-analysis of the metaphor speech impact by P. Sopory and S. van Stee. Thus, we assume that the higher the density of metaphors in the text, the higher is the per-suasiveness of the given speech message. Metaphors of different intensity are based on two different cognitive mechanisms, namely, categorization and comparison, and affect the recipient in different ways, since they are perceived differently by him. Conventional metaphors tend to have a so-called cognitive effect, and new “creative” metaphors, in turn, may have a considerable emotional impact. Different types of metaphors also have different functions: orientational metaphors perform a descriptive function, ontological metaphors are used to explain (translate) complex objects and phenomena, identifying them in the mind of recipients, structural metaphors serve the purpose of restructuring the signified (le signifié in terms of Saussure) of an object or phenomenon, changing the recipient’s point of view on the subject. The material under study includes the latest published doctrinal military documents – the Military Doctrine of the Russian Federation (2014), the White Paper “China’s Defense in the New Era” (2019), and a Summary of the US National Defense Strategy (2020). The empiric results of the study show that the metaphor power of the Chinese text in comparison with American English and Russian is higher in terms of the density and intensity of the metaphors used, which indicates the intention to make the White Paper more convincing and emotionally affecting. “The US National Defense Strategy” is less saturated with novel metaphors, but at the same time it uses a greater number of structural metaphors, which indicates the intention to produce a cognitive declarative impact rather than emotional effect. The text of the Russian Military Doctrine has the lowest indices of the density and intensity of metaphors; the number of structural metaphors found in it was also the smallest, which leads us to conclude that this document highlights the informative function, having the identifying nature. The method of metaphor power analysis proposed and tested in this study allows us to single out two different types of speech impact – emotional and cognitive –, as well as makes it possible to express quantitatively their degree. In addition, the values of the metaphorical indices can be used to specify the genre and style of texts under study.

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