The Blurred Battlefield: The Perplexing Conflation of Humanitarian and Criminal Law in Contemporary Conflicts

Authored by:
Patrick Paterson
Published on 3/1/2021
Digital Only

This monograph is a serious and well-researched investigation into crucial factors of contemporary warfare. Readers will learn lessons on the distinctions between the Law of Armed Conflict and criminal law, particularly on important issues like lethal force, escalation of force tactics, and security detention. Professor Paterson makes a strong argument that the stated policy of respect and promotion of human rights (HR)—that has long been a guiding principle of the U.S. military—does not translate into specific and mandatory directives at the tactical and operational levels. Indeed, he asserts that at those levels there is no formal attention to HR, only ad hoc efforts by operational units that don’t receive guiding policy. This monograph will be essential reading for policymakers and those whose task is the development of granular precepts to guide implementation and execution of policy on the ground.