Reappraising The Resort To Force
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Reappraising The Resort To Force
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Author : Lindsay Moir
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-01-20
Reappraising The Resort To Force written by Lindsay Moir and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-20 with Law categories.
A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.
The Oxford Handbook Of The Use Of Force In International Law
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Author : Marc Weller
language : en
Publisher: OUP Oxford
Release Date : 2015-01-15
The Oxford Handbook Of The Use Of Force In International Law written by Marc Weller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-15 with Law categories.
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Revisiting The Concept Of Defence In The Jus Ad Bellum
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Author : Johanna Friman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-04-06
Revisiting The Concept Of Defence In The Jus Ad Bellum written by Johanna Friman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.
The purpose of the jus ad bellum is to draw a line in the sand: thus far, but no further. In the light of modern warfare, a state should today have an explicitly recognised and undisputed right of delimited unilateral defence not only in response to an occurring armed attack, but also in interception of an inevitable or imminent armed attack. This book, however, makes it evident that unilateral interception is not incontestably compatible with the modern right of self-defence in Article 51 of the UN Charter. Then again, unilateral defence need not forever be confined to self-defence only, wherefore the book proposes that the concept of defence may best be modernised by a clear legal division into responsive and interceptive defence. Since both threat and use of force are explicitly prohibited in Article 2(4) of the UN Charter, this book further recommends that both responsive and interceptive defence should be explicitly excepted from this prohibition in Article 51 of the UN Charter. The modern jus ad bellum should thus legally recognise a dual face of defence: responsive self-defence if an armed attack occurs, and interceptive necessity-defence if a grave and urgent threat of an armed attack occurs. For without a clarifying and modernising revision, the concept of defence will become irreparably blurred until it is completely dissolved into the ever-shifting sands of war.
Law War And The Penumbra Of Uncertainty
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Author : Sam Selvadurai
language : en
Publisher: Cambridge University Press
Release Date : 2022-04-07
Law War And The Penumbra Of Uncertainty written by Sam Selvadurai 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 2022-04-07 with Law categories.
An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.
The Law Against War
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Author : Olivier Corten
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-29
The Law Against War written by Olivier Corten and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-29 with Law categories.
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.
The Law Of International Conflict
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Author : Hanspeter Neuhold
language : en
Publisher: BRILL
Release Date : 2015-12-04
The Law Of International Conflict written by Hanspeter Neuhold and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-04 with Law categories.
The Law of International Conflict deals with three key principles of international law from a policy-oriented perspective that includes insights from various social sciences.
Iraq And The Use Of Force In International Law
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Author : Marc Weller
language : en
Publisher: OUP Oxford
Release Date : 2010-09-02
Iraq And The Use Of Force In International Law written by Marc Weller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-02 with Law categories.
The prohibition of the use of force is one of the most crucial elements of the international legal order. Our understanding of that rule was both advanced and challenged during the period commencing with the termination of the Iran-Iraq war and the invasion of Kuwait, and concluding with the invasion and occupation of Iraq. The initial phase was characterized by hopes for a functioning collective security system administered by the United Nations as part of a New World Order. The liberation of Kuwait, in particular, was seen by some as a powerful vindication of the prohibition of the use of force and of the UN Security Council. However, the operation was not really conducted in accordance with the requirements for collective security established in the UN Charter. In a second phase, an international coalition launched a humanitarian intervention operation, first in the north of Iraq, and subsequently in the south. That episode is often seen as the fountainhead of the post-Cold War claim to a new legal justification for the use of force in circumstances of grave humanitarian emergency-a claim subsequent challenged during the armed action concerning Kosovo. There then followed repeated uses of force against Iraq in the context of the international campaign to remove its present or future weapons of mass destruction potential. Finally, the episode reached its controversial zenith with the full scale invasion of Iraq led by the US and the UK in 2003. This book analyzes these developments, and their impact on the rule prohibiting force in international relations, in a comprehensive and accessible way. It is the first to draw upon classified materials released by the UK Chilcot inquiry shedding light on the decision to go to war in 2003 and the role played by international law in that context.
The Development Of International Law By The International Court Of Justice
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Author : Christian J. Tams
language : en
Publisher: Oxford University Press
Release Date : 2013-09-12
The Development Of International Law By The International Court Of Justice written by Christian J. Tams 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 2013-09-12 with Law categories.
This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.
Targeted Killings
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Author : Claire Oakes Finkelstein
language : en
Publisher: Oxford University Press
Release Date : 2012-03
Targeted Killings written by Claire Oakes Finkelstein 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 2012-03 with Law categories.
The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers and philosophers grappling with the moral and legal limits of the war on terror. This text examines the legal and philosophical issues raised by government efforts to target suspected terrorists.
Self Defence In International And Criminal Law
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Author : Onder Bakircioglu
language : en
Publisher: Routledge
Release Date : 2011-05-11
Self Defence In International And Criminal Law written by Onder Bakircioglu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-11 with Law categories.
Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.