Civilian or Combatant?: A Challenge for the 21st Century (Terrorism and Global Justice Series)

Hardcover

ISBN 10: 019974324X ISBN 13: 9780199743247

Publisher: Oxford University Press, 2011

In Civilian or Combatant?: A Challenge for the 21st Century, Anicée Van Engeland describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon.

The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as well as how international humanitarian has been stretched to meet these challenges.

About the Author:

Anicée Van Engeland is a lecturer in law at the University of Exeter, UK and a research associate at SOAS. She is an international human rights jurist and a political analyst. She is also a consultant and a trainer for several universities, research centers and think tanks worldwide.

Van Engeland's fields of expertise are international human rights, human rights in Iran, international humanitarian law, Islamic humanitarian law, refugees' issues, terrorism, and torture.

Van Engeland has published articles in each of these research fields. Her most recent publications include an article "Islam and the Protection of Civilians in the Conduct of Hostilities: The Asymmetrical war from the Transnational Terrorist Groups' Viewpoint and from the Muslim Modernists' Viewpoint."
She holds a PhD Islamic World from the Institut d'Etudes Politiques de Paris, an LLM from Harvard Law School, an M.A. in Iranian Studies from Paris III Sorbonne, an M.A. in International Relations from Paris II Assas.

Review:

"The distinction between combatants and non-combatants has been reflected upon by scholars and military strategists throughout the history of warfare, and plays a particularly pertinent role in today's age. This book constitutes a provocative and courageous tour de force of the issue from the perspective of international humanitarian law, and will appeal to all those- in academia and beyond- trying to make sense of our troubling times." --Oliver Jutersonke Head of Research, Centre on Conflict, Development and Peacebuilding (CCDP), Graduate Institute of International and Development Studies, Geneva "