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Military Medical Ethics in Contemporary Armed Conflict: Mobilizing Medicine in the Pursuit of Just War

Beleaguered countries struggling against aggression or powerful nations defending others from brutal regimes mobilize medicine to wage just war. As states funnel medical resources to maintain unit readiness and conserve military capabilities, numerous ethical challenges foreign to peacetime medicine result. Force conservation drives combat hospitals to prioritize warfighter care over all others. Civilians find themselves bereft of medical attention; prison officials force feed hunger-striking detainees; policymakers manage healthcare to win the hearts and minds of local nationals; and scientists develop neuro-technologies or nanosurgery to create super soldiers. When the fighting ends, intractable moral dilemmas rebound. Post-war justice demands enormous investments of time, resources and personnel. But losing interest and no longer zealous, war-weary nations forget their duties to rebuild ravaged countries abroad and rehabilitate their war-torn veterans at home. Addressing these incendiary issues, Military Medical Ethics in Contemporary Armed Conflict integrates the ethics of medicine and the ethics of war. Medical ethics in times of war is not identical to medical ethics in times of peace, but a unique discipline. Without war, there is no military medicine, and without just war there is no military medical ethics. Military Medical Ethics in Contemporary Armed Conflict revises, defends, and rebuts wartime medical practices, just as it lays the moral foundation for casualty care in future conflicts.

Military Missions in Democratic Latin America (Politics, Economics, and Inclusive Development)

This book demonstrates through country case studies that, contrary to received wisdom, Latin American militaries can contribute productively, but under select conditions, to non-traditional missions of internal security, disaster relief, and social programs. Latin American soldiers are rarely at war, but have been called upon to perform these missions in both lethal and non-lethal ways. Is this beneficial to their societies or should the armed forces be left in the barracks? As inherently conservative institutions, they are at their best, the author demonstrates, when tasked with missions that draw on pre-existing organizational strengths that can be utilized in appropriate and humane ways. They are at a disadvantage when forced to reinvent themselves. Ultimately, it is governments that must choose whether or not to deploy soldiers, and they should do so, based on a pragmatic assessment of the severity and urgency of the problem, the capacity of the military to effectively respond, and the availability of alternative solutions.

Military Necessity and Just War Statecraft: The Principle of National Security Stewardship (War, Conflict and Ethics)

This book analyses the concept of military necessity and just war thinking, and argues that it should be seen as a vital moral principle for leaders. The principle of military necessity is well-understood in the manuals of modern militaries and is recognized in the war convention. It is the idea that battlefield commanders should make every effort to win on a local battlefield, within legal means, and using proportionate and discriminating weapons and tactics. Every legal textbook on war includes military necessity as a foundational principle within the jus in bello (ethics of fighting war) alongside principles of proportionality and distinction, and it is taught in every Western military academy. Even the International Committee of the Red Cross lauds the concept as a cardinal principle of warfare. However, unlike legal scholarship, pick up a book by almost any just war thinker in philosophy, theology, or the social sciences, and the concept is missing altogether. This volume returns military necessity to just war thinking and lays out the argument for doing so. Each contributor taps into one of the many dimensions of military necessity, such as its relationship to jus ad bellum (ethics of going to war) categories (e.g. right intention), its relationship to jus in bello categories, or its application in foreign policy and military doctrine. Case studies in the book point out the practical moral dimensions of military necessity in cases from the targeted killing of terrorists to battlefield decisions that led to the use of the atomic bomb at Hiroshima. This book will be of interest to students of just war theory, military ethics, statecraft and International Relations.

Military Necessity and Just War Statecraft: The Principle of National Security Stewardship (War, Conflict and Ethics)

This book analyses the concept of military necessity and just war thinking, and argues that it should be seen as a vital moral principle for leaders. The principle of military necessity is well-understood in the manuals of modern militaries and is recognized in the war convention. It is the idea that battlefield commanders should make every effort to win on a local battlefield, within legal means, and using proportionate and discriminating weapons and tactics. Every legal textbook on war includes military necessity as a foundational principle within the jus in bello (ethics of fighting war) alongside principles of proportionality and distinction, and it is taught in every Western military academy. Even the International Committee of the Red Cross lauds the concept as a cardinal principle of warfare. However, unlike legal scholarship, pick up a book by almost any just war thinker in philosophy, theology, or the social sciences, and the concept is missing altogether. This volume returns military necessity to just war thinking and lays out the argument for doing so. Each contributor taps into one of the many dimensions of military necessity, such as its relationship to jus ad bellum (ethics of going to war) categories (e.g. right intention), its relationship to jus in bello categories, or its application in foreign policy and military doctrine. Case studies in the book point out the practical moral dimensions of military necessity in cases from the targeted killing of terrorists to battlefield decisions that led to the use of the atomic bomb at Hiroshima. This book will be of interest to students of just war theory, military ethics, statecraft and International Relations.

Military Operational Planning and Strategic Moves (Contributions to Economics)

This book employs game theory to warfare and in particular to military operations. It aims at scrutinizing the validity of the two ideas that have governed the literature on war and warfighting: One is the Clausewitzian Fog of War, which suggests that he who is able to "see" through the gunsmoke and observe his opponent’s moves before he has to commit to some strategy himself, should be able to gain an advantage over that enemy; the other is the tradition of understanding military conflict as a zero-sum game. Combined, these ideas seem to imply that war always gives rise to a second-mover advantage. This book questions the validity of this presumption at the operational level of military planning. It provides a simple but rigorous game-theoretic framework in order to analyse operational alternatives for a whole range of typical conflicts Western military forces are facing, including the most recent ones such as Anti-Access/Area-Denial and supporting host nations' counterinsurgency campaigns.

Military Operations and the Notion of Control Under International Law: Liber Amicorum Terry D. Gill

This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO).ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces.Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems.The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.

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

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 threshold by 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, more important 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 in any 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 modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.

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

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 threshold by 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, more important 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 in any 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 modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.

Military Robots: Mapping the Moral Landscape (Military and Defence Ethics)

Philosophers have wrestled over the morality and ethics of war for nearly as long as human beings have been waging it. The death and destruction that unmanned warfare entails magnifies the moral and ethical challenges we face in conventional warfare and everyday society. Intrinsically linked are questions and perennial problems concerning what justifies the initial resort to war, who may be legitimately targeted in warfare, who should be permitted to serve the military, the collateral effects of military weaponry and the methods of determining and dealing with violations of the laws of war. This book provides a comprehensive and unifying analysis of the moral, political and social questions concerning the rise of drone warfare.

Military Robots: Mapping the Moral Landscape (Military and Defence Ethics)

Philosophers have wrestled over the morality and ethics of war for nearly as long as human beings have been waging it. The death and destruction that unmanned warfare entails magnifies the moral and ethical challenges we face in conventional warfare and everyday society. Intrinsically linked are questions and perennial problems concerning what justifies the initial resort to war, who may be legitimately targeted in warfare, who should be permitted to serve the military, the collateral effects of military weaponry and the methods of determining and dealing with violations of the laws of war. This book provides a comprehensive and unifying analysis of the moral, political and social questions concerning the rise of drone warfare.

Military Technology, Armaments Dynamics and Disarmament: ABC Weapons, Military Use of Nuclear Energy and of Outer Space and Implications for International Law

Military Trials of War Criminals in the Netherlands East Indies 1946-1949

From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.

Military Trials of War Criminals in the Netherlands East Indies 1946-1949

From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.

Mill on Justice (Philosophers in Depth)

John Stuart Mill was one of the most important figures in political philosophy but little has been published on his ideas on justice. This impressive collection by renowned Mill scholars addresses this gap in Mill studies and theories of justice.

Millennium Development Goals and Community Initiatives in the Asia Pacific

The book brings together implementation studies from the Asia Pacific countries in the context of the deadline of 2015 for achieving the Millennium Development Goals. The contributors to this volume are scholars belonging to the Network of Asia Pacific Schools and Institutes of Public Administration and Governance (NAPSIPAG). NAPSIPAG is the only non-West governance research network presently located at Jawaharlal Nehru University, New Delhi after having shifted from its original location at INTAN (Government of Malaysia) at Kuala Lumpur in 2009. ‘Implementation’ is a less understood but a much debated area of governance research. It requires micro-level analysis of government agencies, service delivery departments and stakeholders on one hand and its national and global policy level connections on the other. Implementation studies are above disciplinary divides and subsequent disjunctions which inhibit explorations on policy downslides or failures. The studies relate to the new initiatives which governments across the region have undertaken to reach out to the MDG targets agreed upon in 2000. The focus of analysis is the policy framework, local capacities of both the government agencies and people in drawing partnerships with relevant expert groups, ability to bring transparency and accountability measures in transactions for cost-effective results, leadership and sustainability dimensions which influence the functioning of local agencies. The book is especially important in the background of 15 voluminous Administrative Reforms Commission Reports accumulating dust in India and similar efforts lying unattended in many other countries of this region as well. Countries like Malaysia, which has focused upon ‘implementation strategies’ combined with timely evaluation and supervision of administrative agencies has almost achieved most of their committed MDGs. A special report of Malaysian efforts, initiates the debate of moving beyond the ‘best practice research’ in implementation arena. The central idea of this book is to demonstrate the role of communities in making governance effective and government responsive to the needs of people.

Miller on Contempt of Court

Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings. Professor Miller's classic work Contempt of Court gives a comprehensive treatment of the issues in this broad subject area including contempt in the face of the court, publication contempt, and civil contempt when orders are breached. This new and updated edition has been written against the backdrop of transformations to the media and mass communication technology. Social media has changed day-to-day life almost beyond recognition, and its potential to prejudice criminal proceedings in particular has quickly become apparent. The High Court and the Court of Appeal are considering with increasing frequency what steps might be appropriate to safeguard criminal trials in this context, these can include injunctions, orders made under the Contempt of Court Act 1981, and severe sanctions when members of the public find themselves in contempt. This edition incorporates the most recent case law in this area. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this vital topic.

Miller on Contempt of Court

Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings. Professor Miller's classic work Contempt of Court gives a comprehensive treatment of the issues in this broad subject area including contempt in the face of the court, publication contempt, and civil contempt when orders are breached. This new and updated edition has been written against the backdrop of transformations to the media and mass communication technology. Social media has changed day-to-day life almost beyond recognition, and its potential to prejudice criminal proceedings in particular has quickly become apparent. The High Court and the Court of Appeal are considering with increasing frequency what steps might be appropriate to safeguard criminal trials in this context, these can include injunctions, orders made under the Contempt of Court Act 1981, and severe sanctions when members of the public find themselves in contempt. This edition incorporates the most recent case law in this area. Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this vital topic.

Miller's Marine War Risks (Lloyd's Shipping Law Library)

Miller's Marine War Risks is the only book devoted to drawing together and analysing the insurance of commercial shipping against war risks. It merges analysis of the legal principles, case law, and legislation with the practice of the insurance market in order to provide commentary on difficult questions concerning liabilities, claims, and coverage. With global events becoming more uncertain in the Gulf and elsewhere, the updating of Michael Miller’s classic text will be of great use to legal practitioners, the insurance market, and the shipping industry throughout the world.

Miller's Marine War Risks (Lloyd's Shipping Law Library)

Miller's Marine War Risks is the only book devoted to drawing together and analysing the insurance of commercial shipping against war risks. It merges analysis of the legal principles, case law, and legislation with the practice of the insurance market in order to provide commentary on difficult questions concerning liabilities, claims, and coverage. With global events becoming more uncertain in the Gulf and elsewhere, the updating of Michael Miller’s classic text will be of great use to legal practitioners, the insurance market, and the shipping industry throughout the world.

Millington and Sutherland Williams on The Proceeds of Crime

Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. This new edition has been fully updated to include all important legislative changes since the publication of the fourth edition. It includes a new chapter on bribery and corruption and covers all significant case law, including discussion on the ongoing inpact of R v Waya. The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Serious Crime Act 2015 which gives effect to a number of legislative proposals set out in the Serious and Organised Crime Strategy published in October 2013 and, in doing so, expands the powers that the National Crime Agency, the police and other law enforcement agencies have to pursue, disrupt and bring to justice those engaged in organised crime. The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.

Millington and Sutherland Williams on the Proceeds of Crime

The proceeds of crime field continues to be one of the fastest moving areas of the law within the criminal justice system. New cases are reported on a weekly, sometimes daily, basis as well as frequently in the major law reports. Millington and Sutherland Williams on the Proceeds of Crime offers an extensive, authorative examination of proceeds of crime and confiscation legislation. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. The newest edition has been fully updated to include all important legislative changes since the publication of the fifth edition. A chapter dedicated to sanctions has been added, the impact of crypto currencies is examined, analysis is provided of Law Commission reports on Supicious Activity Reports and the Proceeds of Crime Act (POCA), and there is a new chapter focusing on part six of POCA. Previous editions have been recognised by governments, both national and international, for their focus on the importance of asset recovery as a vital weapon in the fight against organised crime and corruption. Millington and Sutherland Williams on The Proceeds of Crime is used in the Academy of European Law (ERA) as well as the libraries of the Chief Justices of Jamaica, Barbados, and Papua New Guinea. The book serves as an international guide, assisting barristers, solicitors, practitioners, and academics in navigating this often-complex area of the law.

Million Dollar Women: The Essential Guide to Taking Your Business Further, Faster

Are you the next million dollar woman? Women run an increasing number of businesses, but female entrepreneurs still tend to think small, and their companies rarely reach the heights of those of their male counterparts. Most are stuck running kitchen-table businesses, just getting by, or in many cases, running out of cash. Julia Pimsleur aims to change that with Million Dollar Women, which will show you how to take your business to that million-dollar mark and beyond.Million Dollar Women is a fun, accessible business guide combining Pimsleur's own story with the experiences of seven other women who have raised capital, developed powerful networks, and built multimillion-dollar companies from scratch. It teaches you the concepts and the vocabulary you need to secure funding and scale up. It explains how to make the right connections, when to delegate, and when to seek coaching and support. Drawing on her own experience of becoming a CEO, Pimsleur also provides help for overcoming the hurdles you have to clear to leap to that next level. Million Dollar Women will provide a clear path for getting out of your own way, dreaming big, and reaching your most ambitious goals.

Mill's 'Utilitarianism': A Reader's Guide (Reader's Guides)

In Mill's 'Utilitarianism': A Reader's Guide, Henry R. West offers a clear, thorough and detailed review of the key themes and a lucid commentary that will enable readers to rapidly navigate the text. Geared towards the specific requirements of students who need to reach a sound understanding of the text as a whole, the guide explores the complex and important ideas inherent in the text and provides a cogent survey of the reception and influence of Mill's seminal work.Â

The Milosevic Trial: An Autopsy

The Milo%sević Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milo%sević, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milo%sević died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create. The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milo%sević Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.

The Milosevic Trial: An Autopsy

The Milo%sević Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milo%sević, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milo%sević died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create. The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milo%sević Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.