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Identifying the Enemy: Civilian Participation in Armed Conflict, by Emily Crawford
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Over the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are.
Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.
- Sales Rank: #2867082 in Books
- Published on: 2015-09-23
- Original language: English
- Number of items: 1
- Dimensions: 6.40" h x 1.00" w x 9.30" l, .0 pounds
- Binding: Hardcover
- 288 pages
About the Author
Emily Crawford, Lecturer and Co-Director, Sydney Centre for International Law, University of Sydney
Emily Crawford is a Lecturer at the Sydney Law School at the University of Sydney, and the Co-Director of the Sydney Centre for International Law. She is a member of the ILA Committee on Non-State Actors, a Co-Rapporteur for the ILA Study Group on Cyber-Terrorism, and a member of the Australian Red Cross IHL Committee for New South Wales.
Most helpful customer reviews
0 of 0 people found the following review helpful.
A different kind of warfare....
By Phillip Taylor MBE
A DIFFERENT KIND OF WARFARE:
THE LEGAL REALITIES
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This book is not only timely, it is anticipatory. The world in general and the West in particular are now at war with the forces of militant extremism. We are, in other words, in a different kind of war.
Published early in 2015 by the Oxford University Press, this title was launched just before the much mentioned ‘war on terror’ became precisely that, having escalated into what now amounts to a global conflict. The author, Emily Crawford, deals with the major concerns and challenges of modern warfare. The term ‘civilians’ mentioned in the subtitle refers to those caught in arenas of conflict who are not direct participants.
But what, asks Crawford, is ‘direct participation’ in hostilities in war zones where there is little of no distinction between ‘civilians’ and ‘military participants’? And also what about private security personnel… and what about cyber attacks? Clearly, the law of armed conflict, which largely pivots round the traditional distinction between ‘civilian’ and ‘military’, needs to be thoroughly re-examined, which is what Crawford has set out to do in this book, particularly in the first chapter.
Reference is made, of course, to the Geneva Convention and there are numerous references, for example, to such theorists as Jean Jacques Rousseau, who argued that ‘the other side has the right to kill its (the hostile state’s) defenders while they are bearing arms. But as soon as they lay them down and surrender, they cease to be enemies or instruments of the enemy and become once more merely men, whose life no one has any right to take.’
It is interesting here, that the relevant Protocol of the Geneva Convention states in effect, that if there is any doubt as to the status of a person, the parties to the conflict are obliged to designate such a person as a civilian. But even with all this in mind, it is unarguable that as the author states, ‘the process of correctly and lawful identifying the enemy and observing (these) principles… has become remarkably difficult.’
The issues tackled particularly in the second part of the book have become all too urgent of late and therefore terrifyingly relevant, i.e. targeted killing… remote warfare… drones… cyber warfare… private security contractors and the especially difficult problem of organized criminal activities ‘indistinguishable from armed conflict in scope and intensity.’
This book is a thoughtful, penetrating, rationally argued and carefully researched examination of the largely intractable problems pertaining to the legalities of modern warfare. Anyone professionally involved in these and related matters, be they in the law, the military, or in government will find this book singularly enlightening and useful.
The research in this book is current to January 2015.
0 of 0 people found the following review helpful.
One can only applaud the conclusion in the final chapter that developing and reaffirming the law on civilian participation
By Amazon Customer
A sober, informed and thorough evaluation of where the principle of distinction stands in the second decade of the 21st Century is of critical legal importance. In her new book Emily Crawford provides that evaluation, analysing the complex legal issues arising from the ever-expanding involvement of civilians in armed conflict in a clear, logical manner. This concise text will be of value to policy makers, strategic thinkers, academics, students and others with an interest in these matters.
After considering the legal and philosophical foundations of the principle, the evolution of norms that have incrementally extended combatant protection to certain irregular participants in armed conflict is charted. At this stage, the notion of direct participation in hostilities is addressed with clarity and commendable objectivity. The book then considers three contentious issues arising from civilian involvement in armed conflict, namely targeted killings, remote warfare and private military and security companies. The next chapter tackles notions of ‘criminal’ armed conflict by reference to situations in Mexico and Colombia.
One can only applaud the conclusion in the final chapter that developing and reaffirming the law on civilian participation through a variety of soft law options would seem to constitute the best way of addressing the legal issues that have been identified in the text.
This book tackles complex issues with admirable simplicity and accuracy. It is eminently readable for lawyers and non-lawyers alike. It should feature on the shelves of all who have an interest in the developing role of civilians in armed conflict, should be widely read, and its analysis should provoke careful thought.
William H Boothby
9 October 2015
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