Jus In Bello
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The Use Of Force Against Ukraine And International Law
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Author : Sergey Sayapin
language : en
Publisher: T.M.C. Asser Press
Release Date : 2018-09-12
The Use Of Force Against Ukraine And International Law written by Sergey Sayapin and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-12 with Law categories.
Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean, this book analyses some of the most significant aspects of the ongoing armed conflict between the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessons to be learned by the States concerned, and by other States alike. The book analyses the application of international law in this conflict, and suggests ways for this law’s progressive development. It will be useful to practitioners of international law working at national Ministries of Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers of international organizations, and to national and international judges dealing with matters of public international law, international humanitarian law and criminal law. It will also be of interest to scholars and students of international law, and to historians of international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the School of Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn University of Technology in Tallinn, Estonia.
The Distinction And Relationship Between Jus Ad Bellum And Jus In Bello
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Author : Keiichiro Okimoto
language : en
Publisher: Hart Publishing
Release Date : 2011-07-01
The Distinction And Relationship Between Jus Ad Bellum And Jus In Bello written by Keiichiro Okimoto and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-01 with Law categories.
This book explores the distinction and relationship between two principal branches of international law regulating the use of force: jus ad bellum (international law regulating the resort to force) and jus in bello (international humanitarian law). Two principles traditionally govern the relationship between the two: 1) separation of jus ad bellum and jus in bello and 2) equal application of jus in bello to the conflicting parties. These principles emerged in response to the claim that a conflicting party using force illegally under jus ad bellum should not benefit from the protection for victims of armed conflict under jus in bello, which would completely defeat the humanitarian purpose of jus in bello to protect all victims of armed conflict impartially. There is, however, a third principle: concurrent application of jus ad bellum and jus in bello. Unlike in the past, jus ad bellum now regulates the use of force during a conflict alongside jus in bello and hence, the two are now considered as one set of rules applying during a conflict. The book explores in detail the interaction between jus ad bellum and jus in bello in the light of these three principles. The relationship between the two has been principally discussed in the context of the use of force in self-defence and international armed conflict. However, this book examines the relationship in other contexts of a very different nature, namely the use of force under Chapter VII of the United Nations Charter, non-international armed conflict, and armed conflict of a mixed character. The book concludes that the three principles governing the relationship are equally valid, with certain variations, in these different contexts.
Seeking Accountability For The Unlawful Use Of Force
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Author : Leila Nadya Sadat
language : en
Publisher:
Release Date : 2018-05-31
Seeking Accountability For The Unlawful Use Of Force written by Leila Nadya Sadat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.
Taming Ares War Interstate Law And Humanitarian Discourse In Classical Greece
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Author : Emiliano J. Buis
language : en
Publisher: BRILL
Release Date : 2018-05-09
Taming Ares War Interstate Law And Humanitarian Discourse In Classical Greece written by Emiliano J. Buis and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-09 with Law categories.
In Taming Ares Emiliano J. Buis studies the narrative foundations of the (il)legality of warfare in the classical Greek world in order to demonstrate its contribution to a better historical understanding of the international legal rules applicable to the use of force and the conduct of hostilities.
Jus Post Bellum
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press
Release Date : 2014-02
Jus Post Bellum written by Carsten Stahn 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 2014-02 with Law categories.
Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.
Proportionality In International Law
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Author : Michael Newton
language : en
Publisher: Oxford University Press
Release Date : 2014-03-10
Proportionality In International Law written by Michael Newton 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 2014-03-10 with Law categories.
Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.
International Law And The War With Islamic State
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Author : Saeed Bagheri
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-15
International Law And The War With Islamic State written by Saeed Bagheri and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.
Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.
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.
Killing In War
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Author : Jeff McMahan
language : en
Publisher: OUP Oxford
Release Date : 2009-04-23
Killing In War written by Jeff McMahan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-23 with Philosophy categories.
Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.
Intervention In Civil Wars
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Author : Chiara Redaelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
Intervention In Civil Wars written by Chiara Redaelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.