LEADER 04849nam 2200613 a 450 001 9910808140203321 005 20200520144314.0 010 $a0-8014-6126-X 010 $a0-8014-6078-6 024 7 $a10.7591/9780801460784 035 $a(CKB)2550000000035315 035 $a(OCoLC)732957099 035 $a(CaPaEBR)ebrary10468019 035 $a(SSID)ssj0000537797 035 $a(PQKBManifestationID)11344977 035 $a(PQKBTitleCode)TC0000537797 035 $a(PQKBWorkID)10554319 035 $a(PQKB)10146237 035 $a(StDuBDS)EDZ0001495750 035 $a(MiAaPQ)EBC3138140 035 $a(MdBmJHUP)muse28831 035 $a(DE-B1597)478590 035 $a(OCoLC)979630550 035 $a(DE-B1597)9780801460784 035 $a(Au-PeEL)EBL3138140 035 $a(CaPaEBR)ebr10468019 035 $a(CaONFJC)MIL769571 035 $a(EXLCZ)992550000000035315 100 $a20101215d2011 uy 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt 182 $cc 183 $acr 200 14$aThe image before the weapon$b[electronic resource] $ea critical history of the distinction between combatant and civilian /$fHelen M. Kinsella 210 $aIthaca $cCornell University Press$d2011 215 $a1 online resource (272 p.) 300 $aBibliographic Level Mode of Issuance: Monograph 311 0 $a1-5017-0067-7 311 0 $a0-8014-4903-0 320 $aIncludes bibliographical references and index. 327 $aGender, innocence, and civilization -- Martial piety in the medieval and chivalric codes of war -- Civilization and empire: Francisco de Vitoria and Hugo Grotius -- General orders 100, Union General Sherman's March to Atlanta, and the Sand Creek Massacre -- The 1899 Martens Clause and the 1949 IV Geneva Convention -- The Algerian Civil War and the 1977 Protocols Additional -- The civil wars of Guatemala and El Salvador -- Responsibility. 330 $aSince at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses-including gender, innocence, and civilization- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980's. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations. 606 $aCombatants and noncombatants (International law) 615 0$aCombatants and noncombatants (International law) 676 $a341.6/7 700 $aKinsella$b Helen$01654181 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910808140203321 996 $aThe image before the weapon$94005860 997 $aUNINA