Of War and Law

Foreign Affairs

War and law seem to occupy different worlds, but this powerfulwork by a Harvard legal scholar probes the modern transformation of warfare and the growing "merger" of the "professional vernaculars" of military force and law. In the traditional view, war and peace are sharply divided realms: peace ends when a state declares war, at which point law gives way to emergency powers. Kennedy argues that beginning with the Cold War and continuing with the rise of low-intensity conflict and the "war on terror," the distinction between war and peace has broken down. At the same time, ideas about law and military conduct are changing: international law has increasingly taken the form of humanitarian and human rights norms, while military establishments are increasingly infused with bureaucratic legal guidance. Kennedy's interesting claim is that these complex developments have turned war into a "legal institution" in which the use of force is governed by a dense network of rules and shared assumptions among global elites. Many people applaud this legal-professional turn in modern warfare, but Kennedy worries that the language of law has in fact diffused responsibility and eroded political leadership in the wielding of violence. This is an original contribution to the debate about the perils of liberal democracy in an age of limited but unending war.

Harvard Law Bulletin

The provocative new book, Of War and Law . . . [is] a cautionary tale of what can go wrong when military leaders and outside observers use legal language as a substitute for independent ethical thinking. According to Kennedy, the military's increasing reliance on the law creates the illusion that there is an objective way to balance civilian lives and military goals. It relieves the decider of responsibility for judgment. . . . Kennedy traces the evolving relationship of law and warfare as the boundaries between war and peace have steadily grown less distinct.
— Bill Ibelle

This powerful work by a Harvard legal scholar probes the modern transformation of warfare and the growing 'merger' of the 'professional vernaculars' of military force and law. . . . This is an original contribution to the debate about the perils of liberal democracy in an age of limited but unending war.
— G. John Ikenberry

In this provocative and timely book, Professor David Kennedy probes the relationship between war and law, incisively unraveling two concepts that have become increasingly intertwined since the Second World War ... offering lessons for politicians and citizens alike.

Kennedy's [book] is an innovative and provocative assessment of the contemporary uses of the laws of war. [It] makes an utterly invaluable contribution to our understanding of the role of legal ideas in regulating, constituting and debating the use of force.
— Alex J. Bellamy

Kennedy is always an interesting thinker and writer and the themes he deals within this book are fascinating. . . . Kennedy's points should be studied and his effort to disentangle the web of law, war and politics should be wholeheartedly supported and furthered. In this sense, Of War and Law can be viewed as an interesting contribution to a useful and intriguing debate.
— Ioannis Kalpouzos

Kennedy's emphasis on ethics and politics is a welcome respite from the excesses of legal categories, all the more so coming from a humanitarian professional. Indeed, he wants to return the experience of responsibility to violent conflict—and to all participants. His thoughtful book is a laudable contribution in that direction.
— Christian R. Donath

Readers who plow through this brief book will be rewarded with unique insights concerning modern law of armed conflict (LOAC). . . . This is a thoughtful and intelligent hook, with a significant point. The epilogue is particularly well-done.
— Gary Solis

Harvard Law Bulletin - Bill Ibelle

The provocative new book, Of War and Law . . . [is] a cautionary tale of what can go wrong when military leaders and outside observers use legal language as a substitute for independent ethical thinking. According to Kennedy, the military's increasing reliance on the law creates the illusion that there is an objective way to balance civilian lives and military goals. It relieves the decider of responsibility for judgment. . . . Kennedy traces the evolving relationship of law and warfare as the boundaries between war and peace have steadily grown less distinct.

Foreign Affairs - G. John Ikenberry

This powerful work by a Harvard legal scholar probes the modern transformation of warfare and the growing 'merger' of the 'professional vernaculars' of military force and law. . . . This is an original contribution to the debate about the perils of liberal democracy in an age of limited but unending war.

International Affairs - Alex J. Bellamy

Kennedy's [book] is an innovative and provocative assessment of the contemporary uses of the laws of war. [It] makes an utterly invaluable contribution to our understanding of the role of legal ideas in regulating, constituting and debating the use of force.

Journal of Conflict & Security Law - Ioannis Kalpouzos

Kennedy is always an interesting thinker and writer and the themes he deals within this book are fascinating. . . . Kennedy's points should be studied and his effort to disentangle the web of law, war and politics should be wholeheartedly supported and furthered. In this sense, Of War and Law can be viewed as an interesting contribution to a useful and intriguing debate.

The European Legacy - Christian R. Donath

Kennedy's emphasis on ethics and politics is a welcome respite from the excesses of legal categories, all the more so coming from a humanitarian professional. Indeed, he wants to return the experience of responsibility to violent conflict—and to all participants. His thoughtful book is a laudable contribution in that direction.

Journal of Military History - Gary Solis

Readers who plow through this brief book will be rewarded with unique insights concerning modern law of armed conflict (LOAC). . . . This is a thoughtful and intelligent hook, with a significant point. The epilogue is particularly well-done.