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Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
Published: 2019-08
Total Pages: 313
ISBN-13: 1107190746
DOWNLOAD EBOOKProvides a multi-perspective study of the international law on self-defence against non-State actors.
Author: Eduardo Granzotto
Publisher: Editora Dialética
Published: 2021-06-07
Total Pages: 72
ISBN-13: 6525200903
DOWNLOAD EBOOK"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. "
Author: Noam Lubell
Publisher: Oxford University Press
Published: 2010-05-27
Total Pages: 311
ISBN-13: 0199584842
DOWNLOAD EBOOKThis 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.
Author: Christine Chinkin
Publisher: Cambridge University Press
Published: 2017-04-27
Total Pages: 611
ISBN-13: 1107171210
DOWNLOAD EBOOKExamines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Tom Ruys
Publisher: Cambridge University Press
Published: 2010-11-25
Total Pages: 617
ISBN-13: 113949483X
DOWNLOAD EBOOKThis 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'.
Author: Yoram Dinstein
Publisher: Cambridge University Press
Published: 2011-10-20
Total Pages: 409
ISBN-13: 1139503170
DOWNLOAD EBOOKYoram Dinstein's influential textbook is an indispensable 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 fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Author: Camilla Guldahl Cooper
Publisher: BRILL
Published: 2019-12-02
Total Pages: 498
ISBN-13: 9004401687
DOWNLOAD EBOOKIn NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.
Author: Michael P. Scharf
Publisher: Cambridge University Press
Published: 2013-05-31
Total Pages: 241
ISBN-13: 1107276764
DOWNLOAD EBOOKThis is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
Author: Marc Weller
Publisher:
Published: 2015
Total Pages: 1377
ISBN-13: 0199673047
DOWNLOAD EBOOKThis Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Author: Kasongo Mweemba
Publisher: LAP Lambert Academic Publishing
Published: 2010-08
Total Pages: 60
ISBN-13: 9783838389141
DOWNLOAD EBOOKArticle 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.
