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10 - New fields of battle

Published online by Cambridge University Press:  30 July 2009

Stephen C. Neff
Affiliation:
University of Edinburgh
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Summary

Support for freedom fighters is self-defense.

Ronald Reagan

The war on terror is not a figure of speech. It is an inescapable calling of our generation.

George W. Bush

Through much of history, lawyers have scrambled to adjust the fine points of the law to a crude and violent world. After 1945, the challenges were as severe as any that had ever been faced previously, largely because of important changes in the kinds of wars that commonly afflicted humankind. Two new kinds of challenge were especially noteworthy. The first was civil conflict, which attained unprecedented prominence, as compared to interstate conflict, in the post-1945 world. In this area, the inheritance of the nineteenth century remained very much in evidence, most notably in the retention of the traditional bias in favour of established governments and against insurgents. Recognition of belligerency and of insurgency were little in evidence, at least on the surface; but it was likely that they were merely sleeping and not dead. Most conspicuous in the way of change was the promotion of one particular category of insurgents from the humble level of rebels to fully fledged belligerents: persons carrying on what came to be called a national liberation struggle. Some regarded this as a welcome extension of just-war ideals. Others saw it as an unwelcome intrusion of ideological considerations into what should be the dispassionate realm of the rules of law.

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War and the Law of Nations
A General History
, pp. 357 - 394
Publisher: Cambridge University Press
Print publication year: 2005

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  • New fields of battle
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.016
Available formats
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  • New fields of battle
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.016
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • New fields of battle
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.016
Available formats
×