International Law and Civil Wars
International Law and Civil Wars

Author: Eliav Lieblich

Publisher: Routledge

Published: 2013-03-05

Total Pages: 305

ISBN-13: 1135069212

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This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.

Armed Intervention and Consent
Armed Intervention and Consent

Author: Dino Kritsiotis

Publisher: Cambridge University Press

Published: 2023-07-06

Total Pages: 353

ISBN-13: 100937009X

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In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

Intervention in Civil Wars
Intervention in Civil Wars

Author: Chiara Redaelli

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 344

ISBN-13: 1509940561

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This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

The Law Against War
The Law Against War

Author: Olivier Corten

Publisher: Bloomsbury Publishing

Published: 2021-07-29

Total Pages: 790

ISBN-13: 1509949003

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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.

Reparations for Victims of Armed Conflict
Reparations for Victims of Armed Conflict

Author: Cristián Correa

Publisher: Cambridge University Press

Published: 2020-12-17

Total Pages: 303

ISBN-13: 1108480950

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Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.

International Law and the Classification of Conflicts
International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst

Publisher: OUP Oxford

Published: 2012-08-02

Total Pages: 568

ISBN-13: 0191632236

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This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Armed Intervention and Consent
Armed Intervention and Consent

Author: Dino Kritsiotis

Publisher: Cambridge University Press

Published: 2023-07-31

Total Pages: 0

ISBN-13: 9781009370080

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In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

Law Applicable to Armed Conflict
Law Applicable to Armed Conflict

Author: Ziv Bohrer

Publisher: Cambridge University Press

Published: 2020-02-29

Total Pages: 260

ISBN-13: 9781108722988

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Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

The Ethics of Armed Humanitarian Intervention
The Ethics of Armed Humanitarian Intervention

Author: Don E. Scheid

Publisher: Cambridge University Press

Published: 2014-04-24

Total Pages: 297

ISBN-13: 1107036364

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New essays on philosophical, legal, and moral aspects of armed humanitarian intervention, including discussion of the 2011 bombing in Libya.

Foreign Powers and Intervention in Armed Conflicts
Foreign Powers and Intervention in Armed Conflicts

Author: Aysegul Aydin

Publisher: Stanford University Press

Published: 2012-07-11

Total Pages: 213

ISBN-13: 0804782946

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Intervention in armed conflicts is full of riddles that await attention from scholars and policymakers. This book argues that rethinking intervention—redefining what it is and why foreign powers take an interest in others' conflicts—is of critical importance to understanding how conflicts evolve over time with the entry and exit of external actors. It does this by building a new model of intervention that crosses the traditional boundaries between economics, international relations theory, and security studies, and places the economic interests and domestic political institutions of external states at the center of intervention decisions. Combining quantitative and qualitative evidence from both historical and contemporary conflicts, including interventions in both interstate conflicts and civil wars, it presents an in-depth discussion of a range of interventions—diplomatic, economic, and military—in a variety of international contexts, creating a comprehensive model for future research on the topic.