Title Page, Copyright, Dedication

pdf iconDownload PDF

pp. i-vi

Contents

pdf iconDownload PDF

pp. vii-viii

read more

Acknowledgments

pdf iconDownload PDF

pp. ix-x

...Friends and family are a solace and a delight, a formidable redoubt against the common miseries and elations of writing. This first book is a testament to their fortitude and patience, as well as to their admonitions and stern encouragements. It would be folly to believe I can thank them sufficiently for their interest in and support of this book, or for the love and kindness they have shared...

Abbreviations

pdf iconDownload PDF

pp. xi-xiv

read more

1. Gender, Innocence, and Civilization

pdf iconDownload PDF

pp. 1-23

...Since the start of the ground wars in Afghanistan (2001) and in Iraq (2003), the distinction between combatant and civilian has remained a significant referent of engagement and standard of judgment guiding the operational strategy of the U.S. military and allies. In 2001, referring to operations...

read more

2. Martial Piety in the Medieval and Chivalric Codes of War

pdf iconDownload PDF

pp. 24-52

...How does this series of discourses on gender, innocence, and civilization inform the conventional narrative of the development of the principle of distinction? I begin with the conventional narrative as presented by three of its most formidable authors: Theodor Meron, an international humanitarian lawyer...

read more

3. Civilization and Empire: Francisco de Vitoria and Hugo Grotius

pdf iconDownload PDF

pp. 53-81

...The period between the late fifteenth and seventeenth centuries was a tumultuous time of discovery, conquest, travel, and transformation. As one commentator noted, “even more than other history the Age of Discovery is men come upon strangeness and traveling it mostly in dream...

read more

4. General Orders 100, Union General Sherman’s March to Atlanta, and the Sand Creek Massacre

pdf iconDownload PDF

pp. 82-103

...In 1863, President Abraham Lincoln observed that “civilized belligerents . . . do all in their power to help themselves or hurt the enemy . . . except things regarded as barbarous or cruel . . . the massacre of vanquished foes, and of non-combatants male and female...

read more

5. The 1899 Martens Clause and the 1949 IV Geneva Convention

pdf iconDownload PDF

pp. 104-126

...Although the particular purpose of the 1949 Geneva Convention was to rectify, in light of the past world wars, the neglect of the situation and status of the civilian in the laws of war, perhaps its avowed model, General Orders 100, was the wrong place to start...

read more

6. The Algerian Civil War and the 1977 Protocols Additional

pdf iconDownload PDF

pp. 127-154

...The 1954–1962 French-Algerian War—its methods, its debates, and its consequences—altered the way in which wars of national liberation and decolonization were identified and understood, and introduced a new category of combatant (as well as a new category of war) into international humanitarian law. It occupies a “seminal place in the history of European decolonization...

read more

7. The Civil Wars of Guatemala and El Salvador

pdf iconDownload PDF

pp. 155-186

...The civil wars of Guatemala and El Salvador tell us much about the effects of the discourses of gender, innocence, and civilization and their roles in defining exactly who should be considered a civilian and who should be considered a combatant. These conflicts raise all the issues that were debated during the codification...

read more

8. Responsibility

pdf iconDownload PDF

pp. 187-198

...In 2003, voicing the concerns of some scholars and practitioners of the laws of war, Colonel Kenneth Watkin argued that, in a post-9/11 world, what “remains to be seen is whether the [principle of distinction] . . . provides an accurate, relevant, and ultimately credible basis upon which to regulate modern armed conflict...

Notes

pdf iconDownload PDF

pp. 199-254

Index

pdf iconDownload PDF

pp. 255-260