Oxford University Press, 2018. — 297 p.
Underground warfare, a tactic of yesteryear, has re-emerged as a global and rapidly diffusing threat. This book is the first of its kind to examine tunnel warfare systematically and comprehensively, addressing the legal issues while keeping in mind operational and strategic challenges. Like many other aspects of contemporary warfare, the renewed use of the subterranean in armed conflict presents a challenge for democracies wishing to abide by the law.
To Dr. Richemond-Barak, this challenge has not only been under-explored, but it is also largely underestimated by the community of states, security experts, and public opinion. She analyzes traditional concepts of the laws of war as they relate to tunnels and underground operations, contemplating questions such as whether tunnels constitute legitimate targets, the assessment of proportionality in anti-tunnel operations, and the availability of advanced warning in this complex terrain. She also identifies issues that are unique to underground warfare, including those that arise when cross-border tunnels burrow under a state's civilian infrastructure.
Tunnels in Conflict: Ancient Uses and Contemporary Threats.
A Feature of War from Time Immemorial.
State-toState Tunnel Mining during World War I.
World War II and the Challenge of Entrenched Japanese Forces.
Civilians and Combatants in the Vietcong’s Tunnels.
The Cross-Border Threat: The North Korean Tunnels.
The Use of Underground Caves and Tunnels by the Mujahedeen in Afghanistan.
More of the Same: The Allied War in Afghanistan.
A Different Type of Tunnel in Libya.
Ten Years On: AQIM Entrenches in Mali.
From Smuggling to Terror: Hamas’s Tunnels at the Gaza-Egypt Border.
Hamas’s Tunnels at the Israeli Border: Underground Warfare Meets Urban Warfare.
The Widespread and Innovative Use of Tunnels in Syria.
ISIS’s Tunnels in Iraq.
Underground Warfare: From a Tool of War to a Global Security Threat.
A Global Threat: The Diffusion of Underground Warfare across Battlefields.
A Typology of Tunnels.
Tomorrow’s Underground Warfare.
Sovereignty over the Underground.
Sovereignty over the Underground under Domestic Law.
Sovereignty over the Underground under International Law.
Law of the Sea — Compared.
Air Law and Space Law — Compared.
Contending with Tunnels: Law, Strategy, and Methods.
Applicable Law.
Us ad Bellum.
Human Rights Law.
International Humanitarian Law.
The Law of Occupation and the Jus Post Bellum.
Strategy and Methods.
Why a Strategy?
Components of a Full-Fledged Underground Warfare Strategy.
Detection and Mapping.
Neutralization and/or Destruction.
Prevention and Monitoring.
Cooperation: Countering the Diffusion of Tactics.
Underground Warfare and the Jus ad Bellum.
Strategic Factors Affecting the Jus ad Bellum Analysis.
Underground Threats Giving Rise to a Right of Self-Defense.
Tunnel(s) as Armed Attack.
Preemptive and Anticipatory Self-Defense.
Underground Threats Not Giving Rise to a Right of Self-Defense.
Violation of Sovereignty and Territorial Integrity.
Illegal Intervention in the Affairs of Another State.
Illegal Threat or Use of Force.
Possible Responses.
Countermeasures.
The Plea of Necessity.
Involvement of the UN Security Council.
Underground Warfare and the Jus in Bello: General Considerations.
Legality and Status of Tunnels under IHL.
The Applicable Legal Framework: Key Principles.
Defining a Tunnel under IHL.
The Legality of Digging and Using Tunnels in War.
The Legal Status of Tunnels under IHL.
Tunnels as Military Objectives.
Tunnels as War-Sustaining Objects.
The Unknown Factor and Its Implications for IHL.
Weapons Underground.
Unnecessary Suffering and Military Necessity.
Non-lethal Weapons.
Underground Warfare in Urban Areas.
Underground Warfare Meets Urban Warfare: Tunnels near Civilians.
The Spread of Underground Warfare to Civilian Populated Areas.
State Practice and Civilian Protection.
The Legality of Urban Tunnels under IHL.
The Use of Tunnels by Civilians.
The Unknown Factor and Urban Tunnels.
How Civilian Presence Affects Anti-Tunnel Operations.
Targetable v. Non-targetable Civilians.
Detection and Mapping.
Neutralization and/or Destruction.
The Use of Tunnels against Civilians.
Urban Tunnels and Reflexive Obligations under IHL.