Sibylle Scheipers

The issue of prisoners in war is a highly timely topic that has received much attention from both scholars and practitioners since the start of the military operations in Afghanistan and Iraq and the ensuing legal and political problems concerning detainees in those conflicts. This book analyses these contemporary problems and challenges against the background of their historical development. It provides a multidisciplinary yet highly coherent perspective on the historical trajectory of legal and ethical norms in this field by integrating the historical analysis of war with a study of the emergence of the modern legal regime of prisoners in war. In doing so, it provides the first comprehensive study of prisoners, detainees and internees in war, covering a broad range of both regular and irregular wars from the crusades to contemporary counterinsurgency campaigns. The book revolves around two major developments: First, there has been a continuous increase in the political relevance of prisoners in war, in particular since the emergence of POW camps in the nineteenth century. Secondly, and related, the growth in the legal regime pertaining to prisoners had contradictory consequences. Whilst it enhanced the protection of prisoners in regular conflicts, its state-centric bias tends to exclude combatants who do not fit the template of regular inter-state war. Detainees in the 'war on terror' embody both tendencies, the development of which, however, is by no means a novel phenomenon. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

Prisoners in War

Carl von Clausewitz has long been interpreted as the paradigmatic thinker of major interstate war. This book challenges this assumption by showing that Clausewitz was an ardent analyst of small war and integrated many aspects of his early writings on partisan warfare and people's war into his magnum opus, On War. It reconstructs Clausewitz's intellectual development by placing it in the context of his engagement with the political and philosophical currents of his own times - German Idealism, Romanticism, and Humanism. The central question that Clausewitz and his contemporaries faced was how to defend Prussia and Europe against Napoleon's expansionist strategy. On the one hand, the nationalization of war that had occurred as a result of the French Revolution could only be countered by drawing the people into the defence of their own countries. On the other, this risked a descent into anarchy and unchecked terror, as the years 1793 and 1794 in France had shown. Throughout his life Clausewitz remained optimistic that the institution of the Prussian Landwehr could achieve both an effective defence of Prussia and a social and political integration of its citizens. Far from leaving behind his early advocacy of people's war, Clausewitz integrated it systematically into his mature theory of war. People's war was war in its existential form; it risked escalating into 'absolute war'. However, if the threat of defensive people's war had become a standard option of last resort in early-nineteenth century Europe, it could also function as a safeguard of the balance of power.

Carl Von Clausewitz and People's War

On Small War

The book investigates the emergence and the development of irregular fighters, such as guerrillas, rebels, insurgents, and terrorists throughout the history of modern war. It presents a historically based critique of the twenty-first century notion of the irregular fighter as an 'unlawful combatant'.

A Genealogy of the Irregular Fighter

Unlawful Combatants

Hew Strachan

Over the last decade (and indeed ever since the Cold War), the rise of insurgents and non-state actors in war, and their readiness to use terror and other irregular methods of fighting, have led commentators to speak of 'new wars'. They have assumed that the 'old wars' were waged solely between states, and were accordingly fought between comparable and 'symmetrical' armed forces. Much of this commentary has lacked context or sophistication. It has been bounded by norms and theories more than the messiness of reality. Fed by the impact of the 9/11 attacks, it has privileged some wars and certain trends over others. Most obviously it has been historically unaware. But it has also failed to consider many of the other dimensions which help us to define what war is - legal, ethical, religious, and social. The Changing Character of War, the fruit of a five-year interdisciplinary programme at Oxford of the same name, draws together all these themes, in order to distinguish between what is really changing about war and what only seems to be changing. Self-evidently, as the product of its own times, the character of each war is always changing. But if war's character is in flux, its underlying nature contains its own internal consistency. Each war is an adversarial business, capable of generating its own dynamic, and therefore of spiralling in directions that are never totally predictable. War is both utilitarian, the tool of policy, and dysfunctional. This book brings together scholars with world-wide reputations, drawn from a clutch of different disciplines, but united by a common intellectual goal: that of understanding a problem of extraordinary importance for our times. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

Sibylle Scheipers

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