Depleted Uranium Weapons and International Law
Depleted Uranium Weapons and International Law

Author: Avril McDonald

Publisher: T.M.C. Asser Press

Published: 2008-06-26

Total Pages: 340

ISBN-13: 9789067042659

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This books provides an in-depth analysis of the international legal aspects of the use of depleted uranium (DU) ammunition and armour. The military use of DU has been surrounded by considerable controversy, mainly as regards the health and environmental risks that such use entails. The debate about DU has thus far been highly polarised, with one end of the spectrum rejecting any risk whatsoever and the other end suggesting that the use of DU leads to severe health and environmental consequences, including Gulf-War syndrome, whenever it is used. Rather than settling these controversies, the book takes as a starting point a precautionary approach in light of the considerable remaining scientific uncertainties. It examines various principles and rules of international law, which would be at play if the health and environmental concerns regarding the use of DU were to materialise.

Uranium Enrichment and Nuclear Weapon Proliferation
Uranium Enrichment and Nuclear Weapon Proliferation

Author: Allan S. Krass

Publisher: Routledge

Published: 2020-11-20

Total Pages: 325

ISBN-13: 100020054X

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Originally published in 1983, this book presents both the technical and political information necessary to evaluate the emerging threat to world security posed by recent advances in uranium enrichment technology. Uranium enrichment has played a relatively quiet but important role in the history of efforts by a number of nations to acquire nuclear weapons and by a number of others to prevent the proliferation of nuclear weapons. For many years the uranium enrichment industry was dominated by a single method, gaseous diffusion, which was technically complex, extremely capital-intensive, and highly inefficient in its use of energy. As long as this remained true, only the richest and most technically advanced nations could afford to pursue the enrichment route to weapon acquisition. But during the 1970s this situation changed dramatically. Several new and far more accessible enrichment techniques were developed, stimulated largely by the anticipation of a rapidly growing demand for enrichment services by the world-wide nuclear power industry. This proliferation of new techniques, coupled with the subsequent contraction of the commercial market for enriched uranium, has created a situation in which uranium enrichment technology might well become the most important contributor to further nuclear weapon proliferation. Some of the issues addressed in this book are: A technical analysis of the most important enrichment techniques in a form that is relevant to analysis of proliferation risks; A detailed projection of the world demand for uranium enrichment services; A summary and critique of present institutional non-proliferation arrangements in the world enrichment industry, and An identification of the states most likely to pursue the enrichment route to acquisition of nuclear weapons.

Nuclear Weapons and International Law
Nuclear Weapons and International Law

Author: Charles J. Moxley

Publisher: Rowman & Littlefield

Published: 2024-05-15

Total Pages: 1135

ISBN-13: 0761873554

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This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States’ arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States’ own statements of the matter and then extending the analysis to include requirements of international law that the United States overlooks in its assessment of the lawfulness of potential nuclear weapons uses. He then develops in detail the known facts as to nuclear weapons and their consequences and U.S. policies and plans concerning such matters. He describes the risks of deterrence and the existential nature of the effects of nuclear war on human life and civilization. He proceeds to pull it all together, applying the law to the facts and demonstrating that known nuclear weapons effects cannot comply with such legal requirements as those of distinction, proportionality, necessity, precaution, the corollary requirement of controllability, and the law of reprisal. Moxley shows that, when the United States goes to apply international law to potential nuclear weapons uses, it distorts the law as it has itself articulated it, overlooks law in such areas as causation, risk analysis, mens rea, and per se rules, and disregards known risks as to nuclear weapons effects, including radioactive fallout, nuclear winter, electromagnetic pulses, and potential escalation. He then shows that the policy of deterrence is unlawful because the use of such weapons would be unlawful. Moxley urges that the United States and other nuclear weapons States take heed of the requirements of international law as to nuclear weapons threat and use. He argues that law can be a positive force in society’s addressing existential risks posed by nuclear weapons and the policy of nuclear deterrence.

Weapons and the Law of Armed Conflict
Weapons and the Law of Armed Conflict

Author: William H. Boothby

Publisher: Oxford University Press

Published: 2016-03-10

Total Pages: 465

ISBN-13: 0191044156

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Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by 'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.

Deadly Metal Rain: The Legality of Flechette Weapons in International Law
Deadly Metal Rain: The Legality of Flechette Weapons in International Law

Author: Eitan Barak

Publisher: BRILL

Published: 2011-10-28

Total Pages: 280

ISBN-13: 9004189858

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Taking the April 2003 rejection by Israel's Supreme Court of a petition to ban flechette use rounds in the densely populated Gaza Strip as its point of departure, this innovative and interdisciplinary book offers the only in-depth study on flechette weapons conducted to date. Its timeliness is demonstrated in the 2009 Goldstone Report’s call for an urgent UNGA discussion on such weapons’ future legality. The book's first part reviews flechette weapon development and use during the Vietnam War as well as the consequent efforts to ban them. It then turns to the Israeli case: the use in Lebanon, the Gaza Strip and the resulting Supreme Court petition. The book's third and main part dissects the prolonged debate over banning flechettes while resting on unique primary sources such as Israeli post mortem reports together with an ample legal and military-medical literature. The book thus provides one of the most comprehensive explorations available of the distinctions separating legal from illegal conventional weapons.

Armed Conflict and International Law: In Search of the Human Face
Armed Conflict and International Law: In Search of the Human Face

Author: Mariëlle Matthee

Publisher: Springer Science & Business Media

Published: 2013-06-26

Total Pages: 392

ISBN-13: 9067049182

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This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

The Oxford Handbook of International Law in Armed Conflict
The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham

Publisher: OUP Oxford

Published: 2014-03-13

Total Pages: 1009

ISBN-13: 0191632694

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Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.

Nuclear Non-Proliferation in International Law - Volume I
Nuclear Non-Proliferation in International Law - Volume I

Author: Jonathan L. Black-Branch

Publisher: Springer

Published: 2014-07-22

Total Pages: 267

ISBN-13: 9462650209

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The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons; the right to develop research, production and use of nuclear energy for peaceful purposes; and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context.

The Subjects and Subjectivities of International Criminal Law
The Subjects and Subjectivities of International Criminal Law

Author: Emily Haslam

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 197

ISBN-13: 1509973745

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This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.

Military Weapons and Environment
Military Weapons and Environment

Author: Wing Commander (Dr) Umesh Chandra Jha

Publisher: KW Publishers Pvt Ltd

Published: 2017-10-15

Total Pages: 358

ISBN-13: 9386288958

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Armed conflicts have become more complicated, with the emphasis shifting towards new weapons such as drones, cybercrime and autonomous weapons. In July 2017, the UN General Assembly adopted the Treaty on the Prohibition of Nuclear Weapons. This treaty prohibits a full range of nuclear-weapon-related activities, such as undertaking to develop, test, produce, manufacture, acquire, possess or stockpile nuclear weapons or other nuclear explosive devices, as well as the use or threat of use of these weapons. The ongoing conflicts have shown that the consequences of the use of explosive weapons are not limited to death, physical injury and disability, but also include long-term impacts on mental well-being. The use of improvised weapons by States and non-State actors is an area of concern for the environment. Every State must, therefore, ensure that weapons used by their armed forces are explicitly adjudged under International Humanitarian Law (IHL) and Human Rights Law. While reviewing a new weapon, the States must adopt multilateral approaches, drawing upon relevant legal, health, environmental and military expertise. This book describes the environmental effects of eight weapons and explosive remnants of war that have caused extensive environmental harm in the recent past. It also makes specific recommendations addressed to the international community and the States for protecting the natural environment from the impact of weapons of war. This book will contribute towards a better understanding of the environmental harm caused by military weapons.