1st Edition
International Law, Security, and Military Power US and Brazilian Perspectives
This book contributes to our understanding and appreciation of the contemporary relevance of international humanitarian law and international human rights law by analyzing and assessing the foundational norms, principles, and provisions contained within these bodies. It also explores the ways in which they inform and condition military doctrine and the planning and the execution of military operations in the land, air, cyber, and space domains as perceived through the lens of two of the most important military establishments in the Western Hemisphere – the United States and Brazilian military. The expert contributors promote a better awareness and comparative understanding of the rapidly changing, diverse traditional and non-traditional challenges and demands of the 21st century. This volume will be useful to both scholars whose research focuses on international law and military professionals.
List of Figures
List of Tables
List of Contributors
Forewords
Lieutenant General Andrew Croft
Lieutenant General Stefan Egon Gracza
Introduction
Howard M. Hensel
PART I
THE DEVELOPMENT OF HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
Chapter 1: The Moral Heritage: The Just War Tradition and the Concept of Human Rights by James Turner Johnson
Chapter 2: International Human Rights Law: Advancing Human Security? A Complex and Uneven Trajectory by George J. Andreopoulos
Chapter 3: International Humanitarian Law and Aerial Bombardment: Pre-World War II by Howard M. Hensel
Chapter 4: International Humanitarian Law and Aerial Bombardment: Post-World War II by Howard M. Hensel
PART II
NEW DOMAINS – NEW INTERNATIONAL LAW
Chapter 5: Cyber Law by Jeffrey Biller
Chapter 6: Space Law by Tatiana Ribeiro Viana
PART III
INTERNATIONAL LAW, REGIONAL SECURITY CHALLENGES, AND THE APPLICATION OF MILITARY POWER
Chapter 7: International Humanitarian Law and Theory of Aerospace Power by Carlos Eduardo Valle Rosa
Chapter 8: International Humanitarian Law, Human Rights Law, and the US Armed Force’s Role in Responding to Contemporary “Traditional” and “Non-Traditional” Security Challenges in South America by Michael Raming and David Lee
Chapter 9: Refugees, Humanitarian Issues and Aerospace Power: Application of Air Power in Brazil by Carlos Alberto Leite da Silva and Gustavo Simões
Chapter 10: International Law, the Brazilian Armed Forces, the Response to Natural and Man-Made Disasters by Natasha da Silva Terres and Rodrigo Antônio Silveira dos Santos
Chapter 11: Toward the Institutionalization of an Expanded Protection of Human Rights by Carlos Alberto Leite da Silva and Guilherme Sandoval Góes
PART IV
INTERNATIONAL LAW AND THE APPLICATION OF POWER IN NEW DOMAINS
Chapter 12: New Frontiers for the US Armed Forces: International Law and Operations in the Cyber Domain by Timothy Goines
Chapter 13: Cyber Law and the Role of the Brazilian Air Force in the Cyber Domain by Pedro Arthur Linhares Lima and Constança Maia
Chapter 14: New Frontiers for the US Armed Forces: International Law and Operations in Space by Theodore Richard
CONCLUSION: The Future of International Law and Air, Space, and Cyber Defense by Julia Grignon
Biography
Howard M. Hensel is the Henry H. Arnold Professor of International Relations and Strategic Studies at the U.S. Air Force Air War College. His publications include: The Law of Armed Conflict; The Legitimate Use of Military Force; and The Prism of Just War.
Carlos Alberto Leite da Silva, a retired Brazilian Air Force Colonel, is Professor in the Postgraduate Program in Aerospace Science at the Brazilian Air Force University (UNIFA) and Vice-Dean of Postgraduate Studies and Research.
