Extraterritorial Use Of Force Against Non State Actors

Author : Dire Tladi
Publisher : BRILL
Page : 208 pages
File Size : 50,7 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004521483

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Extraterritorial Use of Force against Non-State Actors by Dire Tladi Pdf

This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.

Author : Noam Lubell
Publisher : OUP Oxford
Page : 320 pages
File Size : 44,8 Mb
Release : 2010-05-27
Category : Law
ISBN : 9780191029738

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Extraterritorial Use of Force Against Non-State Actors by Noam Lubell Pdf

This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

Author : Dire Tladi
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2021
Category : Electronic
ISBN : OCLC:1291279538

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The Extraterritorial Use of Force Against Non-state Actors by Dire Tladi Pdf

Author : Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Publisher : Cambridge University Press
Page : 313 pages
File Size : 43,8 Mb
Release : 2019-08
Category : Law
ISBN : 9781107190740

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Self-Defence against Non-State Actors by Mary Ellen O'Connell,Christian J. Tams,Dire Tladi Pdf

Provides a multi-perspective study of the international law on self-defence against non-State actors.

Author : Anna Elzbieta Blachura
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2016
Category : Electronic
ISBN : OCLC:1156826818

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'State Failure' and the Extraterritorial Use of Force in Self-defence Against Non-state Actors by Anna Elzbieta Blachura Pdf

Author : Marc Weller,Alexia Solomou,Jake William Rylatt
Publisher : Unknown
Page : 1377 pages
File Size : 40,5 Mb
Release : 2015
Category : Law
ISBN : 9780199673049

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The Oxford Handbook of the Use of Force in International Law by Marc Weller,Alexia Solomou,Jake William Rylatt Pdf

This 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 : Michael P. Scharf
Publisher : Cambridge University Press
Page : 241 pages
File Size : 53,5 Mb
Release : 2013-05-31
Category : Law
ISBN : 9781107276765

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Customary International Law in Times of Fundamental Change by Michael P. Scharf Pdf

This 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 : Tom Ruys,Olivier Corten,Alexandra Hofer
Publisher : Oxford University Press
Page : 750 pages
File Size : 51,8 Mb
Release : 2018-04-26
Category : Law
ISBN : 9780191087196

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The Use of Force in International Law by Tom Ruys,Olivier Corten,Alexandra Hofer Pdf

The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

Author : Lawrence Hill-Cawthorne
Publisher : Oxford University Press
Page : 300 pages
File Size : 55,5 Mb
Release : 2016-03-24
Category : Law
ISBN : 9780191067013

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Detention in Non-International Armed Conflict by Lawrence Hill-Cawthorne Pdf

International law has long differentiated between international and non-international armed conflicts, traditionally regulating the former far more comprehensively than the latter. This is particularly stark in the case of detention, where the law of non-international armed conflict contains no rules on who may be detained, what processes must be provided to review their detention, and when they must be released. Given that non-international armed conflicts are now the most common form of conflict, this is especially worrying, and the consequences of this have been seen in the detention practices of states such as the US and UK in Iraq and Afghanistan. This book provides a comprehensive examination of the procedural rules that apply to detention in non-international armed conflict, with the focus on preventive security detention, or 'internment'. All relevant areas of international law, most notably international humanitarian law and international human rights law, are analysed in detail and the interaction between them explored. The book gives an original account of the relationship between the relevant rules of IHL and IHRL, which is firmly grounded in general international law scholarship, treating the issue as a matter of treaty interpretation. With that in mind, and with reference to State practice in specific non-international armed conflicts - including those in Sri Lanka, Colombia, Nepal, Afghanistan, and Iraq - it is demonstrated that the customary and treaty obligations of States under human rights law continue, absent derogation, to apply to detention in non-international armed conflicts. The practical operation of those rules is then explored in detail. The volume ends with a set of concrete proposals for developing the law in this area, in a manner that builds upon, rather than replaces, the existing obligations of States and non-State armed groups.

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 49,7 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

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

Author : Elizabeth Wilmshurst
Publisher : Oxford University Press
Page : 568 pages
File Size : 51,7 Mb
Release : 2012-08-02
Category : History
ISBN : 9780199657759

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International Law and the Classification of Conflicts by Elizabeth Wilmshurst Pdf

International law separates international from non-international conflicts. This book discusses how this categorisation operates, identifying the legal questions raised. Case studies show how this impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.

Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 497 pages
File Size : 51,8 Mb
Release : 2013
Category : Law
ISBN : 9781107012776

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Global Justice, State Duties by Malcolm Langford Pdf

Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.

Author : Anonim
Publisher : BRILL
Page : 288 pages
File Size : 45,5 Mb
Release : 2019-02-11
Category : Law
ISBN : 9789004390485

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Permutations of Responsibility in International Law by Anonim Pdf

In Permutations of Responsibility in International Law the contributors offer an account of the variety of manifestations of responsibility in international law tackled from the angle of its nature, the actors involved and the different regimes in which it may emerge.

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 55,9 Mb
Release : 2015
Category : Law
ISBN : 9780199688517

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Jurisdiction in International Law by Cedric Ryngaert Pdf

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Author : François Delerue
Publisher : Cambridge University Press
Page : 545 pages
File Size : 55,7 Mb
Release : 2020-03-19
Category : Law
ISBN : 9781108490276

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Cyber Operations and International Law by François Delerue Pdf

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.