Necessity Proportionality And The Use Of Force By States
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Necessity Proportionality And The Use Of Force By States
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Author : Judith Gardam
language : en
Publisher: Cambridge University Press
Release Date : 2004-11-18
Necessity Proportionality And The Use Of Force By States written by Judith Gardam 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 2004-11-18 with Law categories.
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Necessity Proportionality And The Use Of Force By States
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Author : Judith Gail Gardam
language : en
Publisher:
Release Date : 2004
Necessity Proportionality And The Use Of Force By States written by Judith Gail Gardam and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Electronic books categories.
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both necessary and proportional. Against the background of these recent armed conflicts, this book offers the first comprehensive assessment of the twin requirements of necessity and proportionality as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Necessity And Proportionality In International Peace And Security Law
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Author : Claus Kreß
language : en
Publisher: Oxford University Press
Release Date : 2020-10-01
Necessity And Proportionality In International Peace And Security Law written by Claus Kreß 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 2020-10-01 with Law categories.
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
Necessity And Proportionality And The Right Of Self Defence In International Law
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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.
Necessity And Proportionality And The Right Of Self Defence In International Law
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Author : Chris O'Meara
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-03
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, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with Law categories.
The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.
International Law And The Use Of Force
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Author : Christine D. Gray
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
International Law And The Use Of Force written by Christine D. Gray and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Aggression (International law). categories.
1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.
The Oxford Handbook Of The Use Of Force In International Law
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Author : Marc Weller
language : en
Publisher:
Release Date : 2015
The Oxford Handbook Of The Use Of Force In International Law written by Marc Weller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
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'.
Military Professionalism And Humanitarian Law
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Author : Yishai Beer
language : en
Publisher: Oxford University Press
Release Date : 2018-04-09
Military Professionalism And Humanitarian Law written by Yishai Beer 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 2018-04-09 with Law categories.
This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.
The Use Of Force And International Law
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Author : Christian Henderson
language : en
Publisher: Cambridge University Press
Release Date : 2023-11-09
The Use Of Force And International Law written by Christian Henderson 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 2023-11-09 with Law categories.
Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.