One of INSCT’s signature projects, New Battlefields/Old Laws (NBOL) began with a 2007 symposium to commemorate the 100th anniversary of The Hague Convention of 1907. The project has since grown into an ongoing series of interdisciplinary workshops and publications that reexamine the application of centuries-old customs and laws of armed conflict in the age of asymmetric warfare.
It has become increasingly clear that a re-examination of the policies and laws for the conduct of armed conflict is required. Toward that end, INSCT—working with the Institute for Counter-Terrorism in Herzliya, Israel—has assembled international teams of scholars and practitioners to address the considerable challenges for the future of humanitarian law.
Recent conflicts underscore the shortcomings of international law and policy in responding to asymmetric warfare. The tendencies of terrorists or insurgent groups to operate within civilian communities present significant and unanticipated strategic and tactical challenges for victimized states and citizens.
Neither The Hague Rules, the customary laws of war, nor the post-1949 law of armed conflict and accompanying international humanitarian law, account for non-state groups waging prolonged, “fourth generation” campaigns of terrorism that leave the defending state with little choice but to respond in ways that inflict heavy civilian casualties. The result is that the defending state is often criticized for violating norms that do not accommodate the conflict being waged. At the same time, the defending state lacks adequate guidance in shaping the parameters and details of its response.
NBOL 2018—When Disaster Hits: Threats, Preparedness, and Legal Gaps
NBOL Scholarship: Critical Contributions to the Study of Asymmetric Warfare
|New Battlefields/Old Laws: Critical Debates from the Hague Convention to Asymmetric Warfare
William C. Banks, editor (Columbia University Press, 2011)Recognizing that many of today’s conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks’ collection analyzes nonstate armed groups and irregular forces (such as terrorists, insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Contributions by: Robert P. Barnidge Jr., Geoffrey S. Corn, David M. Crane, Hilly Moodrick-Even Khen, Renée de Nevers, Daniel Reisner, Daphné Richemond-Barak, Gregory Rose, Eric Talbot Jensen, and Corri Zoli.
|Counterinsurgency Law: New Directions in Asymmetric Warfare
William C. Banks, editor (Oxford University Press, 2013)In Counterinsurgency Law, William C. Banks and several distinguished contributors explore, from an interdisciplinary legal and policy perspective, the multiple challenges that counterinsurgency operations pose to the rule of international, humanitarian, human rights, criminal, and domestic laws.Contributions by: Robert M. Chesney, Geoffrey S. Corn, Evan J. Criddle, Boaz Ganor, Christopher Jenks, Peter Margulies, Gregory S. McNeal, Daphné Richemond-Barak, Eric Talbot Jensen, and Corri Zoli.
Previous NBOL Workshops
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