Lawfare And The Importance Of Legitimacy In Modern Wars Of Choice Proportionality And The Strategic Use Of Law And Legal Arguments
DOWNLOAD
READ
Download Lawfare And The Importance Of Legitimacy In Modern Wars Of Choice Proportionality And The Strategic Use Of Law And Legal Arguments PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Lawfare And The Importance Of Legitimacy In Modern Wars Of Choice Proportionality And The Strategic Use Of Law And Legal Arguments book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Lawfare And The Importance Of Legitimacy In Modern Wars Of Choice Proportionality And The Strategic Use Of Law And Legal Arguments
DOWNLOAD
READ
Author : Alexander Matthias Kisling Harris
language : en
Publisher:
Release Date : 2016
Lawfare And The Importance Of Legitimacy In Modern Wars Of Choice Proportionality And The Strategic Use Of Law And Legal Arguments written by Alexander Matthias Kisling Harris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Necessity And Proportionality And The Right Of Self Defence In International Law
DOWNLOAD
READ
Author : Chris O'Meara
language : en
Publisher: Oxford University Press
Release Date : 2021-03-11
Necessity And Proportionality And The Right Of Self Defence In International Law written by Chris O'Meara 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 2021-03-11 with Law categories.
States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
International Law And New Wars
DOWNLOAD
READ
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'.
Revisiting Proportionality In International And European Law
DOWNLOAD
READ
Author : Ulf Linderfalk
language : en
Publisher: BRILL
Release Date : 2021-05-12
Revisiting Proportionality In International And European Law written by Ulf Linderfalk and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-12 with Law categories.
In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.
Soft War
DOWNLOAD
READ
Author : Michael L. Gross
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-09
Soft War written by Michael L. Gross 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 2017-06-09 with Philosophy categories.
This collection focuses on non-kinetic warfare, including cyber, media, and economic warfare, as well as non-violent resistance, 'lawfare', and hostage-taking.
Nato Rules Of Engagement
DOWNLOAD
READ
Author : Camilla Guldahl Cooper
language : en
Publisher: BRILL
Release Date : 2019-12-02
Nato Rules Of Engagement written by Camilla Guldahl Cooper and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Law categories.
In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
Self Defence Against Non State Actors
DOWNLOAD
READ
Author : Mary Ellen O'Connell
language : en
Publisher: Cambridge University Press
Release Date : 2019-08
Self Defence Against Non State Actors written by Mary Ellen O'Connell 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 2019-08 with Law categories.
Provides a multi-perspective study of the international law on self-defence against non-State actors.
Human Rights In War
DOWNLOAD
READ
Author : Damien Rogers
language : en
Publisher: Springer
Release Date : 2022-03-20
Human Rights In War written by Damien Rogers and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-20 with Law categories.
This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.
Of War And Law
DOWNLOAD
READ
Author : David Kennedy
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
Of War And Law written by David Kennedy and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Law categories.
Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
Legitimacy And Drones
DOWNLOAD
READ
Author : Steven J. Barela
language : en
Publisher: Routledge
Release Date : 2016-03-09
Legitimacy And Drones written by Steven J. Barela and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Technology & Engineering categories.
Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements. The importance of this inquiry cannot be overstated. Non-state actors fully understand that attacking the much more powerful state requires moving the conflict away from the traditional battlefield where they are at an enormous disadvantage. Those engaging in terrorism seek to goad the ruling government into an overreaction, or abuse of power, to trigger a destabilization via an erosion of its legitimacy. Thus defending the target of legitimacy”in this case, insuring the use of deadly force is constrained by valid limiting principles”represents an essential strategic interest. This book seeks to come to grips with the new reality of drone warfare by exploring if it can be used to preserve, rather than eat away at, legitimacy. After an extensive analysis of the three key parameters in twelve chapters, the practical proposition of establishing a 'Drone Court' is put forward and examined as a way of pursuing the goal of integrating these essential components to defend the citizenry and the legitimacy of the government at the same time.