Cantitate/Preț
Produs
Total produse
Vezi coșul
Juridification of Warfare and Limits of Accountability: An Ethnomethodological Investigation into the Production and Assessment of Legal Targeting de Martina Kolanoski

Juridification of Warfare and Limits of Accountability: An Ethnomethodological Investigation into the Production and Assessment of Legal Targeting: International Humanitarian Law Series, cartea 62

Autor Martina Kolanoski
en Limba Engleză Hardback – 20 iul 2022
The book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.
Citește tot Restrânge

Din seria International Humanitarian Law Series

Preț: 64502 lei

Preț vechi: 78661 lei
-18% Nou

Puncte Express: 968
Preț estimativ în valută:
12344€ • 12809$ • 10317£

Carte indisponibilă temporar


Wish list
Gift list
Am citit!
Adaugă în listă
Doresc să fiu notificat când acest titlu va fi disponibil:
Trimite
Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9789004472433
ISBN-10: 9004472436
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Humanitarian Law Series

Notă biografică

Martina Kolanoski, Dr.phil., is a research associate and lecturer at the Faculty of Social Sciences, Goethe University Frankfurt/Main. She is also a Visiting Fellow at the German Institute for Human Rights, Berlin, where she is part of the working group Climate Change and Human Rights. Between 2016 and 2020, Martina was a Visiting Fellow at the University of Liverpool, School of Law and Social Justice, where she collaborated on topics related to this publication.

Cuprins

Abbreviations

List of Figures and Tables

Acknowledgements

1Introduction
1.1 The Juridification of Warfare as an Empirical Phenomenon
1.1.1Post-Cold War Developments

1.1.2Civil Law and Victims’ Rights to Compensation

1.1.3Relations of War and Law

1.1.4Analysing and Assessing Scenes of Combat


1.2 Overview of the Chapters


2Civilian Deaths and Legal Responsibility
2.1 The Kunduz-Airstrike
2.1.1Military, Political and Legal Investigations

2.1.2Enduringly Contested Details: Defensive-Offensive Strike

2.1.3Unjustifiable at First Sight
2.1.3.1 Scandalisation: The Airstrike as a Turning Point in the National Afghanistan Debate

2.1.3.2 From Non-War to War: Redefinition of Military Engagement


2.1.4Mistakes and Violation of Rules


2.2 Knowing Civilians
2.2.1Combat(ed) Categorisation: The Colonel’s Account
2.2.1.1 The Setting

2.2.1.2 Decision-Making as Mental Process and Categorial Certainty

2.2.1.3 Correlation of Word and Image: The Video Material as a Telling Source

2.2.1.4 Auxiliary Collections and Translations

2.2.1.5 Visible Signs of Taliban and Everyday Performance of Distinction

2.2.1.6 Errors as Normal Part of Work


2.2.2Criminal Investigations


3Legal Assessments and the Study of Organised Action
3.1 Law and Action
3.1.1The Home of Law and Motivated Compliance

3.1.2Ethnomethodology: Rules and Situated Sense-Making

3.1.3Law and Categories


3.2 Rule-Following in/of Organisations
3.2.1Accountability of (Organised) State Action


3.3 Procedurally-Organised Work and Procedural Cultures
3.3.1Procedural Decision-Making

3.3.2Funnelling and Procedural Cultures


3.4 From Object Fromation to Organised Action
3.4.1The Co-Structuring Object

3.4.2Organised Action as a Turn in Law/War


3.5 Studying Procedural Work
3.5.1Two Temporal Orders

3.5.2Discursive Materials in Document-Based Environments

3.5.3tsa as a Methodological Sensitising Device


4Judging Military Action
4.1 Studying Court Work

4.2 Cross-Procedural Turn-Taking: The Civil Lawsuit
4.2.1Complaint: The Video Material Evidence against Klein
4.2.1.1 Recognition of the Reconstructed Events on the Sandbank

4.2.1.2 Visible Categories

4.2.1.3 Careful Average Soldier


4.2.2Defence Brief: Interpretative Restraint

4.2.3Hierarchy of Issues


4.3 Seeing Like the Military
4.3.1Analytic Approaches to the “Military Viewer”

4.3.2Hearing: The Staging of Competence
4.3.2.1 What Everyone Can See

4.3.2.2 The Military Experts

4.3.2.3 The Afghanistan Expert


4.3.3The Military Viewer and His Special Competences: Professional Vision


4.4 Military Situation and Legal Significance
4.4.1Undoing the Legal Capacity of the Military Object

4.4.2The Subsequent Turns: Preferences within the Viewer’s Maxims
4.4.2.1 Plaintiffs: Viewer’s Maxim of Caution

4.4.2.2 Court: Viewer’s Maxim of Hostility


4.4.3Standards of Military Reconnaissance


4.5 Constellating Dispute


5Collaborative Accountability of Legal Targeting
5.1 Cohesion and Rule-Following
5.1.1Fighting for Precision

5.1.2Precision and Legality as Collaborative Achievement


5.2 Data and Research
5.2.1The Transcribed Situation and the Process of Target Development

5.2.2Transcript and Process


5.3 Collaborating in Targeting
5.3.1Audio-Video Material and the Transcript

5.3.2Target Handover

5.3.3Identification Work

5.3.4Work on Open Issues upon Arrival – Business as Usual
5.3.4.1 Friendlies: Opening Issue by Standard Procedure

5.3.4.2 Show of Force: Not Now but Later?

5.3.4.3 The Drivers: Settled or Open Issue?


5.3.5Responding to Developments on the Ground
5.3.5.1 New People: Adjustment of the Target

5.3.5.2 Declaring Target to Be Time-Sensitive


5.3.6Pilot Seeking Clarification on Two Issues
5.3.6.1 Target Definition

5.3.6.2 Drivers


5.3.7Problem Solving Activities for “RoE Issues”
5.3.7.1 In Accordance with RoE: Target Category and Clearance Authority

5.3.7.2 Show of Force and Target Selection: This Is What We Like to Do

5.3.7.3 Show of Force and Target Selection: Working with Some RoE Issues

5.3.7.4 Situation on the Ground


5.3.8Switch of Interaction System


5.4 Legal Targeting and the Suspension of Doubts
5.4.1Disobedience and the (In)Capacity to Know What Is Wrong

5.4.2Funnelling: Working the Temporal Order of Targeting

5.4.3Between “collaborating for precision” and “authoritarian positing”


6Conclusions Organised Action and the Assessment of Legality
6.1 Legal Action Unlimited

6.2 Members’ and Researchers’ Analysis of Action

6.3 Producing Legality
6.3.1Neutralising Alternatives

6.3.2Radical Ways of Producing Certainty


6.4 The Reproducibility of Assessments

6.5 Re-Assessing Legal Targeting
6.5.1Collaborative Accountability

6.5.2The Legal Capacity of the Target


6.6 Progressing Law


Appendix 1Map Kunduz Area with German Camp and Place of Bombing

Appendix 2Redacted Transcript of Cockpit Communication Recorded in One of the F-15 Fighters

References

Index