The Right Of Self Defence Against Non State Actors
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Self Defence Against Non State Actors
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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.
The Right Of Self Defence Against Non State Actors
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Author : Eduardo Granzotto
language : en
Publisher: Editora Dialética
Release Date : 2021-06-07
The Right Of Self Defence Against Non State Actors written by Eduardo Granzotto and has been published by Editora Dialética this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-07 with Law categories.
"This book is the product of the author's master's thesis, defended in 2019 at King's College, in the International Peace and Security programme of the Department of War Studies. [...] In light of the new contemporary threats to international peace and security and their impact on jus ad bellum rules, the author questions whether the Unable or Unwilling Doctrine(UoU), used as an argument for the use of force in the recent fight against the 'Islamic State' in Syria, has a legal basis in the context of self-defence against non-state actors. He then goes on to explore practical ways in which the doctrine's application can be improved. [...] In the King's College's Department of War Studies, the examiners described the author's thesis as an exceptional piece of scholarly work, absorbing from its first line and reported that the author demonstrates a striking comprehension of complex legal questions, in addition to providing coherent, insightful, and very sophisticated arguments. Professor Granzotto's clever, perceptive, and opportune master's thesis led to a rich and particularly persuasive book, which reflects the thoughts of a mature, though young scholar ___ for whom we must predict the continuity of a superb career. "
Invocation Of Un Charter Right Of Selfdefence Against Non State Actors
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Author : Kasongo Mweemba
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2010-08
Invocation Of Un Charter Right Of Selfdefence Against Non State Actors written by Kasongo Mweemba and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08 with categories.
Article 1 of the UN Charter gives the UN the task of maintaining international peace and security.In Article 2(4) of the Charter there is a prohibition on the use of force by states. An exception to the prohibition on use of force is Article 51 which provides for self defence against other States if an armed attack occurs against a Member State of the UN.Recent years have seen the emergence of groups that are non-state actors and that inflict violence and harm on states for political, religious and other reasons, for example terrorist groups. It becomes necesary to determine what the limits of the right to self-defence are and whether use of force agaimst non-state actors (whose actions cannot be attributed to the state on whose territory they are found), does not go against the prohibition on use of force or infringe the territorial sovereignty of such states.
The Right Of Self Defence Against Non State Actors
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Author : Kamille Adair Morgan
language : en
Publisher:
Release Date : 2021
The Right Of Self Defence Against Non State Actors written by Kamille Adair Morgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Extraterritorial Use Of Force Against Non State Actors
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Author : Dire Tladi
language : en
Publisher: BRILL
Release Date : 2022-05-16
Extraterritorial Use Of Force Against Non State Actors written by Dire Tladi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-16 with Law categories.
This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.
The International Legality Of Self Defense Against Non State Actors
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Author : Gregor Wettberg
language : en
Publisher: Europäische Hochschulschriften Recht
Release Date : 2007
The International Legality Of Self Defense Against Non State Actors written by Gregor Wettberg and has been published by Europäische Hochschulschriften Recht this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Non-governmental organizations categories.
The international right to self-defense was subject to legal and political controversies long before September 11, 2001. On several occasions, states resorted to defensive military force against different internationally operative armed groups. This work seeks to show the precise conditions for self-defense against non-state actors as indicated by state practice since 1945. Based upon a detailed evaluation of almost 20 relevant conflicts, it is argued that state practice does not warrant limiting Article 51 of the U.N. Charter to armed attacks by states and ignoring non-state attackers. In fact, states almost never contended that already the formal legal nature of a non-state attacker excludes the possibility of military self-defense. The current view of the International Court of Justice is insofar not consonant with state practice.
Extraterritorial Use Of Force Against Non State Actors
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Author : Noam Lubell
language : en
Publisher: Oxford University Press
Release Date : 2010-05-27
Extraterritorial Use Of Force Against Non State Actors written by Noam Lubell 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 2010-05-27 with Law categories.
This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.
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'.
War Aggression And Self Defence
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Author : Yoram Dinstein
language : en
Publisher: Cambridge University Press
Release Date : 2001-06-07
War Aggression And Self Defence written by Yoram Dinstein 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 2001-06-07 with Law categories.
Yoram Dinstein s seminal textbook is an essential guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fourth edition incorporates new material on the wars in Afghanistan and Iraq, response to armed attacks by terrorists, recent resolutions adopted by the Security Council, and the latest pronouncements of the International Court of Justice. In addition, several new sections consider consent by States to the use of force (as expressed either ad hoc or by treaty); an armed attack by non-State actors; the various phases in the Gulf War up to the occupation of Iraq in 2003 and beyond; and immunities from jurisdiction. With many segments being rewritten to reflect recent State practice, this book remains a comprehensive and highly readable introduction to the legal issues surrounding war and self-defence. An indispensable tool for students and practitioners.
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'.