International Law And Armed Conflict Exploring The Faultlines


International Law And Armed Conflict Exploring The Faultlines
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International Law And Armed Conflict Exploring The Faultlines


International Law And Armed Conflict Exploring The Faultlines
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Author : Michael N. Schmitt
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007

International Law And Armed Conflict Exploring The Faultlines written by Michael N. Schmitt and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.



International Law And Armed Conflict


International Law And Armed Conflict
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Author : Michael N. Schmitt
language : en
Publisher:
Release Date : 2007

International Law And Armed Conflict written by Michael N. Schmitt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with War (International law) categories.




Essays On Law And War At The Fault Lines


Essays On Law And War At The Fault Lines
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Author : Michael N. Schmitt
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-11-15

Essays On Law And War At The Fault Lines written by Michael N. Schmitt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-15 with Law categories.


This collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.



War Law


War Law
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Author : Michael Byers
language : en
Publisher: Open Road + Grove/Atlantic
Release Date : 2007-12-01

War Law written by Michael Byers and has been published by Open Road + Grove/Atlantic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-01 with Law categories.


“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky



International Law And Armed Conflict


International Law And Armed Conflict
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Author : Noëlle Quénivet
language : en
Publisher: Asser Press
Release Date : 2010-03-18

International Law And Armed Conflict written by Noëlle Quénivet and has been published by Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-18 with Law categories.


Symposium on International Law and Armed Conflict in September 2008 at the University of the West of England (UK).--Preface.



An Introduction To The International Law Of Armed Conflicts


An Introduction To The International Law Of Armed Conflicts
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Author : Robert Kolb
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-09-17

An Introduction To The International Law Of Armed Conflicts written by Robert Kolb and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-17 with Law categories.


This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.



Human Rights In Armed Conflict


Human Rights In Armed Conflict
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Author : Gerd Oberleitner
language : en
Publisher: Cambridge University Press
Release Date : 2015-03-05

Human Rights In Armed Conflict written by Gerd Oberleitner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-05 with Law categories.


A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.



Non International Armed Conflicts In International Law


Non International Armed Conflicts In International Law
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Author : Yoram Dinstein
language : en
Publisher: Cambridge University Press
Release Date : 2014-08-21

Non International Armed Conflicts In International Law written by Yoram Dinstein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-21 with Law categories.


A dispassionate analysis of the legal implications of non-international armed conflicts at a time when their number is constantly growing.



The Use Of Force Against Individuals In War Under International Law


The Use Of Force Against Individuals In War Under International Law
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Author : Ka Lok Yip
language : en
Publisher: Oxford University Press
Release Date : 2022-03-31

The Use Of Force Against Individuals In War Under International Law written by Ka Lok Yip and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-31 with Law categories.


Is it legal to kill, or capture and confine, someone in war? Is this relevant or wise to ask in the reality of war? What does 'legal' actually mean in the labyrinth of overlapping international laws? This volume explores the meaning, relevance, and wisdom of questioning the 'legality' of the use of force against individuals in war by reconnecting legal thought with the social world. Weaving together law, social theories, and actual practices, the book presents an interdisciplinary study of the laws regulating warfare. The Use of Force against Individuals in War under International Law uncovers different conceptions of 'legality' that generate tensions among different international laws regulating warfare and highlights the limits of legal techniques in addressing these tensions. Accepting these tensions serves not to denigrate the law itself but to invite a deeper level of engagement with it - through the lens of social theories. Drawing on the insight that every social action results from an interaction between human agency and social structures, this publication argues that in regulating warfare, one distinct body of international law, the law of armed conflicts, accommodates the diminished agency of human beings operating in highly structured conditions while other bodies of international law harbour the potential to transform these very structured conditions. Thus, assimilating these laws, whether in court or real-world practices, fundamentally conflates their underlying social ontologies.



International Law And The Classification Of Conflicts


International Law And The Classification Of Conflicts
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Author : Elizabeth Wilmshurst
language : en
Publisher: Oxford University Press
Release Date : 2012-08-02

International Law And The Classification Of Conflicts written by Elizabeth Wilmshurst and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-02 with History categories.


International law separates international from non-international conflicts. This book discusses how this categorisation operates, identifying the legal questions raised. Case studies show how this impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.