Jus In Bello After September 11 2001
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Jus In Bello After September 11 2001
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Author : Magne Frostad
language : en
Publisher: Nomos Verlagsgesellschaft Mbh & Company
Release Date : 2005
Jus In Bello After September 11 2001 written by Magne Frostad and has been published by Nomos Verlagsgesellschaft Mbh & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
The relationship between jus ad bellum and jus in bello is such that the use of force in self-defence may have an impact on the entitlement to the status of combatant and prisoner of war. This book examines the jus ad bellum, the jus in bello and the status of prisoner, also in the light of the developments since September 11, 2001. The book addresses international lawyers in private practice, in government service or in the armed forces and students of international law.
The September 11 Terrorist Attacks And The Invasion Of Iraq In Contemporary International Law
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Author : Edward McWhinney
language : en
Publisher: BRILL
Release Date : 2004-11-01
The September 11 Terrorist Attacks And The Invasion Of Iraq In Contemporary International Law written by Edward McWhinney and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-01 with Law categories.
The US administration’s pursuit of the Al-Qaeda organisation and Taliban régime in Afghanistan, responsible for the September 11, 2001 international terrorist attacks, was supported by an international “coalition of the willing” and backed by the full legal authority of UN Security Council Resolutions. The US bid to follow this successful multilateral initiative with similar armed intervention against Saddam Hussein’s government failed to rally support in the Security Council. The US then proceeded to act unilaterally, and with British military support, to invade Iraq. The problems for contemporary international law and the UN Charter based World Order system posed by the conflicts within the Security Council and the assorted legal claims advanced, such as a revived doctrine of Humanitarian Intervention; régime change as a justification for intervention; Preemptive military strikes as an exercise in Self-defence; and Multilateralism versus Unilateralism in the exercise of the Peace and Security powers under the UN Charter, are canvassed in the present collection of legal opinions.
Philosophy 9 11
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Author : Timothy Shanahan
language : en
Publisher: Open Court Publishing
Release Date : 2005
Philosophy 9 11 written by Timothy Shanahan and has been published by Open Court Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
Many of the most pressing questions raised by terrorism are philosophical in nature. This book explores the crucial ethical and theoretical issues, such as: What is "terrorism" and how is it different from other types of violence? Do recent terrorist attacks constitute a fundamentally "new" type of terrorism? How can a nation conduct a "just war" against terrorists? Is torture of terrorists during interrogation ever justified? Philosophers and terrorism experts answer these pressing moral and political questions with clarity and wisdom.
Counter Terrorism And The Use Of Force In International Law
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Author :
language : en
Publisher: DIANE Publishing
Release Date : 2002
Counter Terrorism And The Use Of Force In International Law written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with categories.
In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
The 11th Of September And The International Law Of Military Operations
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Author : T. D. Gill
language : en
Publisher: Amsterdam University Press
Release Date : 2002
The 11th Of September And The International Law Of Military Operations written by T. D. Gill and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Afghan War, 2001- categories.
Annotation. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056292560.
International Law And New Wars
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Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-27
International Law And New Wars written by Christine Chinkin 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 2017-04-27 with History categories.
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Terrorism And Justice
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Author : Michael O'Keefe
language : en
Publisher: Melbourne Univ. Publishing
Release Date : 2002
Terrorism And Justice written by Michael O'Keefe and has been published by Melbourne Univ. Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Social Science categories.
This is the first book to address philosophically the moral and political underpinnings of terrorism and anti-terrorism. It brings together authors with different attitudes and original perspectives on attitudes and ethical and practical justifications for terrorism.
Armed Attack And Article 51 Of The Un Charter
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Author : Tom Ruys
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-25
Armed Attack And Article 51 Of The Un Charter written by Tom Ruys 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 2010-11-25 with Law categories.
This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
Terrorism And The State
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Author : Tal Becker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-03-23
Terrorism And The State written by Tal Becker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-23 with Law categories.
Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.
Counter Terrorism Strategies In A Fragmented International Legal Order
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Author : Larissa J. Herik
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-18
Counter Terrorism Strategies In A Fragmented International Legal Order written by Larissa J. Herik 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 2013-07-18 with Law categories.
An exploration of the relationship between different branches of international law and their applicability to terrorism.