Civilian protection in counterinsurgency warfare
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This paper investigates how democracies protect the lives of enemy civilians incounterinsurgency warfare. A theoretical model is developed where the elected leaders’decisions are influenced by what is known as ‘‘endowment effect’’ or ‘‘memory effect’’ incognitive psychology. It is shown that too many civilians are killed in equilibrium as theleaders choose to pass some of the long-term costs of civilian casualties to their successors. The bias becomes more pronounced when the leaders are subject to binding term limits. The existing law of war is interpreted and evaluated using the theoretical framework. Theanalysis shows that the law falls short of the optimal constraint as it regulates the relativerather than absolute size of civilian casualties.
Abstract
This paper investigates how democracies protect the lives of enemy civilians incounterinsurgency warfare. A theoretical model is developed where the elected leaders’decisions are influenced by what is known as ‘‘endowment effect’’ or ‘‘memory effect’’ incognitive psychology. It is shown that too many civilians are killed in equilibrium as theleaders choose to pass some of the long-term costs of civilian casualties to their successors. The bias becomes more pronounced when the leaders are subject to binding term limits. The existing law of war is interpreted and evaluated using the theoretical framework. Theanalysis shows that the law falls short of the optimal constraint as it regulates the relativerather than absolute size of civilian casualties.
참고문헌 (25)
- Alesina, A., "Macroeconomic policy in a two-party system as a repeated game", Quarterly Journal of Economics, 102(3), pp.651~678 (1987)
- Bueno de Mesquita, E., "Politics and the suboptimal provision of counterterror", International Organization, 61(1), pp.9~36 (2007)
- Cole, D., "Enemy aliens : Double standards and constitutional freedoms in the war on terrorism" (2003), The New Press
- The Effect of Civilian Casualties in Afghanistan and Iraq, "Condra, L.", NBER, ~, pp.Working Paper 16152 (2010)
- Downes, A., "Restraint or propellant? : Democracy and civilian fatalities in interstate wars", Journal of Conflict Resolution, 51(6), pp.872~904 (2007)
- Elster, J., "Choice over time", pp.213~234 (1992), Russell Sage Foundation
- Goldsmith, J., "The president’s completion power", Yale Law Journal, 115(9), pp.2280~2312 (2006)
- Greenwood, C., "International law", pp.789~821 (2003), Oxford University Press
- Kocher, M., "Aerial bombing and counterinsurgency in the Vietnam war", American Journal of Political Science, 55(2), pp.201~218 (2011)
- Koh, H., "Setting the world right", Yale Law Journal, 115(9), pp.2350~2379 (2006)
- Liberman, V., "Happiness and memory : Affective significance of endowment and contrast", Emotion, 9(5), pp.666~680 (2009)
- Morrow, J., "The institutional features of the prisoners of war treaties", International Organization, 55(4), pp.971~991 (2001)
- Morrow, J., "The laws of war, common conjectures, and legal systems in international politics", Journal of Legal Studies, 31(1), pp.41~60 (2002)
- Nordhaus, W., "The political business cycle", Review of Economic Studies, 42(2), pp.169~190 (1975)
- Posner, E., "A theory of the laws of war", University of Chicago Law Review, 70(1), pp.297~317 (2003)
- Posner, R., "Not a suicide pact : The constitution in a time of National emergency" (2006), Oxford University Press
- Posner, E., "Terror in the balance : Security, liberty, and the courts" (2007), Oxford University Press
- Rogoff, K., "Equilibrium political budget cycles", American Economic Review, 80(1), pp.21~36 (1990)
- Rummel, R., "Democracy, power, genocide, and mass murder", Journal of Conflict Resolution, 39(1), pp.3~26 (1995)
- Sandoz, Y., "Commentary on the additional protocols of 8 June 1977 to the Geneva conventions of 12 August 1949" (1987), International Committee of the Red Cross
- Tversky, A., "Subjective well-being: An interdisciplinary perspective", pp.101~118 (1991), Pergamon Press
- Valentino, B., "Draining the Sea : Mass killing and guerilla warfare", International Organization, 58(2), pp.375~407 (2004)
- Valentino, B., "Covenants without the sword : International law and the protection of civilians in times of war", World Politics, 58(3), pp.339~377 (2006)
- Waxman, M., "Detention as targeting : Standards of certainty and detention of suspected terrorists", Columbia Law Review, 108(6), pp.1365~1430 (2008)
- 11, "The powers of war and peace : The constitution and foreign affairs after 9", pp.2005, Yoo, J.