New Books in Intellectual History

Andrew Clapham, "War" (Oxford UP, 2021)


Listen Later

This book poses the question: How relevant is the concept of war today? Professor Andrew Clapham of the Graduate Institute of International and Development Studies in Geneva examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It considers the role international law plays in limiting what is forbidden and what is legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institutions, sates nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects that are said to be part of a war-sustaining economy. Professor Clapham argues that, while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. In other words, simply claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people’s property or territory.

In this podcast, we begin by exploring Professor Clapham’s motivation for writing the book and the central arguments challenging traditional ideas of war, law, and state power. We discuss how historical, and outdated, ideas of ‘prize’ or war booty continue to influence modern conflict, and explore how rhetorical usages of the words ‘war’ and ‘armed conflict’ exert a particular influence on populations and even on the soldiers themselves. Professor Clapham argues that human rights law should play a bigger role in limiting actions of states in armed conflict, and looks to the future legal challenges posed by cyber warfare, drones and AI / autonomous weapons. We also touch on accountability for war crimes and other international crimes, both at the level of international state responsibility as seen at the International Court of Justice, and at the individual criminal liability as seen in the International Criminal Court. We end with an intriguing insight into how Professor Clapham is looking to further develop his thinking for his next book.

This book is available OPEN ACCESS here.

Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion.

His University of Leeds profile page can be found here

Bluesky: @batesmith.bsky.social

LinkedIn

Learn more about your ad choices. Visit megaphone.fm/adchoices

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/intellectual-history

...more
View all episodesView all episodes
Download on the App Store

New Books in Intellectual HistoryBy New Books Network

  • 3.9
  • 3.9
  • 3.9
  • 3.9
  • 3.9

3.9

59 ratings


More shows like New Books in Intellectual History

View all
In Our Time by BBC Radio 4

In Our Time

5,404 Listeners

Entitled Opinions (about Life and Literature) by Robert Harrison

Entitled Opinions (about Life and Literature)

492 Listeners

Arts & Ideas by BBC Radio 4

Arts & Ideas

294 Listeners

Philosophy Bites by Edmonds and Warburton

Philosophy Bites

1,528 Listeners

New Books in History by Marshall Poe

New Books in History

210 Listeners

The Partially Examined Life Philosophy Podcast by Mark Linsenmayer, Wes Alwan, Seth Paskin, Dylan Casey

The Partially Examined Life Philosophy Podcast

2,084 Listeners

New Books in Psychoanalysis by Marshall Poe

New Books in Psychoanalysis

188 Listeners

New Books in Military History by Marshall Poe

New Books in Military History

162 Listeners

New Books in Economics by Marshall Poe

New Books in Economics

26 Listeners

New Books in African American Studies by New Books Network

New Books in African American Studies

160 Listeners

New Books in Political Science by New Books Network

New Books in Political Science

62 Listeners

New Books in Sociology by New Books Network

New Books in Sociology

46 Listeners

New Books in Literary Studies by New Books Network

New Books in Literary Studies

23 Listeners

The LRB Podcast by The London Review of Books

The LRB Podcast

288 Listeners

New Books in Critical Theory by Marshall Poe

New Books in Critical Theory

142 Listeners

New Books in American Studies by New Books Network

New Books in American Studies

29 Listeners

Philosophy For Our Times by IAI

Philosophy For Our Times

307 Listeners

Why Theory by Why Theory

Why Theory

555 Listeners

Theory & Philosophy by David Guignion

Theory & Philosophy

339 Listeners

Acid Horizon by Acid Horizon

Acid Horizon

176 Listeners

What's Left of Philosophy by Lillian Cicerchia, Owen Glyn-Williams, Gil Morejón, and William Paris

What's Left of Philosophy

261 Listeners

Close Readings by London Review of Books

Close Readings

58 Listeners

Past Present Future by David Runciman

Past Present Future

315 Listeners