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Military Professionalism and Humanitarian Law: The Struggle to Reduce the Hazards of War

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en Limba Engleză Carte Hardback – 31 May 2018
This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian thresholdby replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, moreimportant aim of reducing human suffering.Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military inany given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modusvivendi for a military, while allowing substantial new space for the humanitarian mission of the law.
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Specificații

ISBN-13: 9780190881146
ISBN-10: 0190881143
Pagini: 240
Dimensiuni: 164 x 238 x 23 mm
Greutate: 0.47 kg
Editura: Oxford University Press
Colecția OUP USA
Locul publicării: New York, United States

Recenzii

Yishai Beer's Military Professionalism and Humanitarian Law: The Struggle to Reduce the Hazards of War is a well-written book which will certainly appeal to established international lawyers, academics, researchers and students who have interest in international humanitarian law. The author has been successful in drawing a broad overview of military strategy as a reflection of professionalism in armed conflicts from a humanitarian law perspective.
the great virtue of the book is the manner in which Beer suggests the professional instincts of the military, their own generated norms of professionalism and pride in such - somewhat like chivalry of yore - can be leveraged to achieve a far greater measure of internalization of humanitarian standards, and thus a higher compliance pull.
Yishai Beer's Military Professionalism and Humanitarian Law: The Struggle to Reduce the Hazards of War is an outstanding study in which the author aims to contextualize and examine the gap between the positive rules of humanitarian law and actual State practice in armed conflicts and the damages caused by this gap.
Yishai Beer's insightful and erudite scholarship on war is perpetually informed by his longtime service as a combat officer. This book is bold and thought-provoking, exposing some uneasy truths about the regulation of warfare and calling for a fresh look at the complicated relationship between law and strategy.
Yishai Beer's attempt to bridge the gap between military professionalism and humanitarian concerns in war is an immensely important contribution to the ongoing discussion on laws of war. Grounded in his vast experience and wisdom, Beers leveraging of military necessity to diminish the horrible human costs of war is both compelling and fascinating.
With States, humanitarian groups, human rights activists, academics, and military professionals too often speaking past one another when discussing the regulation of war, Yishai Beer presents a novel approach: reliance on 'military professionalism' to bridge law and reality. As both a former senior combat commander and academic he is uniquely situated to present this paradigm shifting analysis, which ultimately places the onus on the 'profession of arms' to reducesuffering in war.
Professor Beer brings to the table his rich experience as a commander in one of the elite fighting units of the Israeli army. He invites lawyers to learn from military professionalism about the promise and limits of the law. His approach is not only intellectually stimulating and indeed refreshing, but it is also promising in its quest to identify new paths through which law could further promote its traditional goals - the elimination of unnecessary use of force andthe reduction of harm and suffering.

Notă biografică

Yishai Beer is Professor of Law at Radzyner Law School at the Interdisciplinary Center at Herzliya, and was recently a Visiting Professor of Law at Columbia Law School. He is a retired Major General in the Israel Defense Forces, where his last position was in command of an Army corps. Previously he served as President of the Israeli Military Court of Appeals and as a division commander. In parallel to his long military career, he was on the lawfaculty at the Hebrew University where he taught courses and seminars in taxation. At different times, he was a visiting Scholar at Harvard Law School, and a research fellow at NYU Law School. Professor Beer received his LLB from the Hebrew University of Jerusalem, LLM from the London School of Economics, and PhD from theHebrew University.