Overview
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 has assembled international teams of scholars and practitioners to address the considerable challenges for the future of armed conflict.
Recent conflicts underscore the continuing shortcomings of international law and policy in responding to asymmetric warfare mounted by non-state terrorist groups in the 21st century. Neither The Hague Rules, the customary law of war, nor the post-1949 law of armed conflict and accompanying international humanitarian law, account for non-state groups waging prolonged campaigns of terrorism—and, in some cases, more conventional military attacks— 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 (and to a lesser extent the attackers) are criticized for violating norms that do not accommodate the nature of the conflict being waged. At the same time, the defending state lacks adequate guidance in shaping the parameters and details of its response. Apart from legal and normative understandings, the tendencies of terrorists or insurgent groups to operate from within civilian communities present significant and unanticipated strategic and tactical challenges for states and citizens that are the victims of such attacks.
New Battlefields/Old Laws is made possible through the generous support of the Paul Greenberg Foundation.
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Beginning in 2007, the work-
shop series examines a
series of legal and policy
lacunae that arise
when traditional rules of international humanitarian
law and human rights law
are applied to asymmetric
warfare between states and nonstate armed groups.
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This project seeks to illuminate
the debate on the legality of the use of drones to target enemies,
including al-Qa'ida and Taliban
operatives, in various locations
around the world.
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This project seeks first and
foremost to review and analyze
rule of law efforts in postconflict
environments undertaken by the
U.S., where such initiatives are
playing a role in broader
posctonflict, peacebuilding, and
reconstruction initiatives,
particularly in regions recovering
from political crisis and violence.
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New Publication!
An internationally-recognized authority on constitutional
law, national security law, and counterterrorism,
William C. Banks believes changing patterns of global
conflict are forcing a reexamination of the traditional laws
of war. The Hague Rules, the customary laws of war, and
the post-1949 law of armed conflict no longer account
for nonstate groups waging prolonged campaigns of
terrorism— or even more conventional insurgent attacks.
Order your copy here
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Interview with William C. Banks on New Battlefields Old Laws Project
ICT Conference, Herzliya, Sept. 2011
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Contact