The Threat of Force in International Law
The Threat of Force in International Law

Author: Nikolas Stürchler

Publisher: Cambridge University Press

Published: 2007-07-19

Total Pages: 23

ISBN-13: 1139464914

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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Threats of Force
Threats of Force

Author: Francis Grimal

Publisher: Routledge

Published: 2013

Total Pages: 242

ISBN-13: 0415609852

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Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution.

Unarmed and Dangerous
Unarmed and Dangerous

Author: Jon Shane

Publisher: Routledge

Published: 2018-07-17

Total Pages: 91

ISBN-13: 0429813007

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There is tremendous controversy across the United States (and beyond) when a police officer uses deadly force against an unarmed citizen, but often the conversation is devoid of contextual details. These details matter greatly as a matter of law and organizational legitimacy. In this short book, authors Jon Shane and Zoë Swenson offer a comprehensive analysis of the first study to use publicly available data to reveal the context in which an officer used deadly force against an unarmed citizen. Although any police shooting, even a justified shooting, is not a desired outcome—often termed "lawful but awful" in policing circles—it is not necessarily a crime. The results of this study lend support to the notion that being unarmed does not mean "not dangerous," in some ways explaining why most police officers are not indicted when such a shooting occurs. The study’s findings show that when police officers used deadly force during an encounter with an unarmed citizen, the officer or a third person was facing imminent threat of death or serious injury in the vast majority of situations. Moreover, when police officers used force, their actions were almost always consistent with the accepted legal and policy principles that govern law enforcement in the overwhelming proportion of encounters (as measured by indictments). Noting the dearth of official data on the context of police shooting fatalities, Shane and Swenson call for the U.S. government to compile comprehensive data so researchers and practitioners can learn from deadly force encounters and improve practices. They further recommend that future research on police shootings should examine the patterns and micro-interactions between the officer, citizen, and environment in relation to the prevailing law. The unique data and analysis in this book will inform discussions of police use of force for researchers, policymakers, and students involved in criminal justice, public policy, and policing.

Cyber Operations and International Law
Cyber Operations and International Law

Author: François Delerue

Publisher: Cambridge University Press

Published: 2020-03-19

Total Pages: 545

ISBN-13: 1108490271

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This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

Threats of Force and International Law
Threats of Force and International Law

Author: Agata Kleczkowska

Publisher: Taylor & Francis

Published: 2023-06-23

Total Pages: 187

ISBN-13: 1000898458

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Threats of force are an inherent part of communication between some States. One prominent example is the 2017–2018 crisis in relations between the United States and North Korea, marked by multiple threats issued by both sides. Yet, despite the fact that States seem to use threats of force with unlimited freedom, they are prohibited by international law. This book presents threats of force from the perspective of the practice of States. Thus, the book is based on an examination of multiple cases when States reported threats of force. It describes what threats of force are, examines the status of the prohibition of threats of force as a legal norm, presents examples and describes the mechanisms that are available for States in case threats occur, as well as their legal consequences. The book will be an invaluable resource for academics and researchers in the areas of international security law, public international law, law of armed conflict and international relations.

Recourse to Force
Recourse to Force

Author: Thomas M. Franck

Publisher:

Published: 2002

Total Pages: 205

ISBN-13: 9780511054631

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In this book Professor Franck tracks various conflicts since 1945 which have contributed to the extensive interpretation of the UN Charter by the UN's principal political institutions. He examines the law pertaining to the use of force againt subversion and terrorism, and the need to balance peace with justice.

Recourse to Force
Recourse to Force

Author: Thomas M. Franck

Publisher: Cambridge University Press

Published: 2002-10-24

Total Pages: 219

ISBN-13: 1139434950

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The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

Mobilizing Force
Mobilizing Force

Author: David Kuehn

Publisher: Lynne Rienner Publishers

Published: 2021

Total Pages:

ISBN-13: 9781626379435

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"Considering a wide range of democratic states, explores the interrelationships among perceived security threats, the militarization of security policy, and democratic accountability"--

Force of Words
Force of Words

Author: Joseph Brown

Publisher: Columbia University Press

Published: 2020-08-25

Total Pages: 197

ISBN-13: 0231550456

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Terrorist groups attain notoriety through acts of violence, but threats of future violence are just as important in attaining their political goals. Force of Words is a groundbreaking examination of the role of threats in terrorist strategies. Joseph M. Brown shows how terrorists use threats, true and false, to achieve key outcomes such as social control, economic attrition, and policy concessions. Brown demonstrates that threats are integral to terrorism on a tactical level as well, distracting security forces, drawing police into traps, and warning civilians out of harm’s way when terrorists seek to limit casualties. Force of Words reorients the field of terrorism studies, prioritizing the symbolic, psychological dimension that makes this form of conflict distinctive. It expands the study of terrorist propaganda by detailing how militants tailor their threats to send the desired political message. Drawing on rich interview data, quantitative evidence, and case studies of the IRA, ETA, the Tamil Tigers, Shining Path, the Túpac Amaru Revolutionary Movement, Boko Haram, the Afghan Taliban, and ISIL, the book offers practical guidance for interpreting terrorists’ threats and assessing their credibility. Force of Words is essential reading for anyone seeking to understand the logic of terrorism.