The Legitimate Use of Military Force
The Legitimate Use of Military Force

Author: Professor Howard M Hensel

Publisher: Ashgate Publishing, Ltd.

Published: 2013-03-28

Total Pages: 320

ISBN-13: 1409498646

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Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.

The Legitimacy of Use of Force in Public and Islamic International Law
The Legitimacy of Use of Force in Public and Islamic International Law

Author: Mohammad Z. Sabuj

Publisher: Springer Nature

Published: 2021-06-22

Total Pages: 181

ISBN-13: 3030772985

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This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.

Legitimate Use of Military Force Against State-Sponsored International Terrorism
Legitimate Use of Military Force Against State-Sponsored International Terrorism

Author: Richard J. Erickson

Publisher:

Published: 2002

Total Pages: 0

ISBN-13: 9780898758115

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A military response has been a viable option for combating international terrorism in the past and it will continue to be an option in the future. Possible military actions range from rescuing hostages to neutralizing terrorist camps and making direct strikes against targets verified as the infrastructure for state-sponsored training and support complexes of complex groups. The military response is part of a larger strategy that seeks to maximize the risk of punishment for terrorists and their sponsors and supporters while minimizing their potential rewards. In this context military action must be consistent with international law. If states decide that all means are justified, then those acting to preserve the rule of law in the face of the terrorist threat will become indistinguishable from the evil they seek to undo. Colonel Erickson?s study presents an overview of international law directed at the issue of managing international terrorism. This study is thought provoking and provides the decision-maker with a useful tool. Of particular note is the checklist provided in appendix A that summarizes chapters 4-6. It behooves everyone dedicated to achieving a world free from terror to learn more of this phenomenon and how we can deal with it. Colonel Erickson?s study, for the first time and in one place, makes available a general survey of international law concerning this subject. I highly recommend his study. Robert W. Norris Major General, United States Air Force The Judge Advocate General, United States Air Force

The Prism of Just War
The Prism of Just War

Author: Professor Howard M Hensel

Publisher: Ashgate Publishing, Ltd.

Published: 2013-03-28

Total Pages: 444

ISBN-13: 1409499510

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Through a careful examination of religious and philosophical literature, the contributors to the volume analyze, compare and assess diverse Western, Islamic, Hindu and East Asian perspectives concerning the appropriate criteria that should govern the decision to resort to the use of armed force and, once that decision is made, what constraints should govern the actual conduct of military operations. In doing so, the volume promotes a better understanding of the various ways in which diverse peoples and societies within the global community approach the question of what constitutes the legitimate use of military force as an instrument of policy in the resolution of conflicts.

International Law and New Wars
International Law and New Wars

Author: Christine Chinkin

Publisher: Cambridge University Press

Published: 2017-04-27

Total Pages: 611

ISBN-13: 1107171210

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Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Legitimacy in International Law
Legitimacy in International Law

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2008-02-26

Total Pages: 423

ISBN-13: 3540777644

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There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Intervention in Civil Wars
Intervention in Civil Wars

Author: Chiara Redaelli

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 340

ISBN-13: 1509940553

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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.

Legitimate Targets?
Legitimate Targets?

Author: Janina Dill

Publisher: Cambridge University Press

Published: 2015

Total Pages: 387

ISBN-13: 1107056756

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Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.

The Armed Forces Officer
The Armed Forces Officer

Author: Richard Moody Swain

Publisher: Government Printing Office

Published: 2017

Total Pages: 216

ISBN-13: 9780160937583

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In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.