Human Rights Intervention And The Use Of Force

Author : Philip Alston,Euan Macdonald
Publisher : Oxford University Press
Page : 128 pages
File Size : 50,8 Mb
Release : 2008-09-11
Category : Political Science
ISBN : 9780191564581

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Human Rights, Intervention, and the Use of Force by Philip Alston,Euan Macdonald Pdf

The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

Author : Peter Malanczuk
Publisher : Het Spinhuis
Page : 84 pages
File Size : 54,6 Mb
Release : 1993
Category : Aggression (International law)
ISBN : 9073052564

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Humanitarian Intervention and the Legitimacy of the Use of Force by Peter Malanczuk Pdf

Author : Anne Orford
Publisher : Cambridge University Press
Page : 258 pages
File Size : 50,6 Mb
Release : 2003-06-26
Category : Law
ISBN : 9781139435710

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Reading Humanitarian Intervention by Anne Orford Pdf

During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

Author : Cornelius Friesendorf,Centre pour le contrôle démocratique des forces armées (Genève)
Publisher : Unknown
Page : 95 pages
File Size : 40,7 Mb
Release : 2012
Category : Electronic
ISBN : 9292222023

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International intervention and the use of force : military and police roles by Cornelius Friesendorf,Centre pour le contrôle démocratique des forces armées (Genève) Pdf

Author : Anne Orford
Publisher : Unknown
Page : 243 pages
File Size : 43,8 Mb
Release : 2003
Category : Electronic books
ISBN : 0511325983

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Reading Humanitarian Intervention by Anne Orford Pdf

During the 1990s, humanitarian intervention seemed to promise a world in which human rights would be privileged over national interests or imperial ambitions. Orford argues that humanitarian intervention had far more exploitative effects. What, if anything, has been lost in the move from humanitarian intervention to the war on terror?

Author : Cyrille J.C.F. Fijnaut,Joris Larik
Publisher : BRILL
Page : 150 pages
File Size : 50,5 Mb
Release : 2020-11-30
Category : Law
ISBN : 9789004445482

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Humanitarian Intervention and Political Support for Interstate Use of Force by Cyrille J.C.F. Fijnaut,Joris Larik Pdf

When can a state give political support to a military intervention in another state? The Government of the Netherlands commissioned an Expert Group to examine this complex, topical and time-sensitive question and to consider whether it should press for international acceptance of humanitarian intervention as a new legal basis for the use of force between states in exceptional circumstances. This volume is the result of those efforts. The Expert Group was led by Professor Cyrille Fijjnaut and consisted of Mr. Kristian Fischer, Professor Terry Gill, Professor Larissa van den Herik, Professor Martti Koskenniemi, Professor Claus Kreß, Mr. Robert Serry, Ms. Monika Sie Dhian Ho, Ms. Elizabeth Wilmshurst and Professor Rob de Wijk. Their thorough analysis and recommendations offer important insights that can aid governments in formulating a position on political support for the use of force between states and humanitarian intervention. The volume also constitutes a useful tool for scholars and practitioners in considering these difficult and important issues.

Author : Martha Finnemore
Publisher : Cornell University Press
Page : 184 pages
File Size : 44,5 Mb
Release : 2013-01-14
Category : Political Science
ISBN : 9780801467073

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The Purpose of Intervention by Martha Finnemore Pdf

Violence or the potential for violence is a fact of human existence. Many societies, including our own, reward martial success or skill at arms. The ways in which members of a particular society use force reveal a great deal about the nature of authority within the group and about its members' priorities. In The Purpose of Intervention, Martha Finnemore uses one type of force, military intervention, as a window onto the shifting character of international society. She examines the changes, over the past 400 years, about why countries intervene militarily, as well as in the ways they have intervened. It is not the fact of intervention that has altered, she says, but rather the reasons for and meaning behind intervention-the conventional understanding of the purposes for which states can and should use force. Finnemore looks at three types of intervention: collecting debts, addressing humanitarian crises, and acting against states perceived as threats to international peace. In all three, she finds that what is now considered "obvious" was vigorously contested or even rejected by people in earlier periods for well-articulated and logical reasons. A broad historical perspective allows her to explicate long-term trends: the steady erosion of force's normative value in international politics, the growing influence of equality norms in many aspects of global political life, and the increasing importance of law in intervention practices.

Author : Tarcisio Gazzini
Publisher : Routledge
Page : 649 pages
File Size : 41,8 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351539777

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The Use of Force in International Law by Tarcisio Gazzini Pdf

This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.

Author : John Janzekovic
Publisher : Routledge
Page : 230 pages
File Size : 53,7 Mb
Release : 2017-11-30
Category : Political Science
ISBN : 9781351126045

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The Use of Force in Humanitarian Intervention by John Janzekovic Pdf

Humanitarian intervention is a many layered and complex concept. While moral society has an obligation to stop deliberate and persistent serious human rights abuse, the direct use of force remains a contentious option alongside other strategies employed by the international community. This study analyzes the various ethical positions, particularly consequentialism, welfare-utilitarianism and just war theory to unravel this intricate topic. Uniquely, the book goes beyond previous philosophical or ethical treatments of the subject to provide a more rounded and practical reflection on the lessons learned from the revival of humanitarian intervention as a tool of conflict resolution.

Author : Christine Gray
Publisher : OUP Oxford
Page : 2316 pages
File Size : 41,9 Mb
Release : 2008-07-17
Category : Law
ISBN : 9780191021626

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International Law and the Use of Force by Christine Gray Pdf

This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

Author : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 54,7 Mb
Release : 2001
Category : Law
ISBN : 0889369631

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The Responsibility to Protect by International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada) Pdf

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author : Christine D. Gray
Publisher : Oxford University Press, USA
Page : 360 pages
File Size : 40,9 Mb
Release : 2004
Category : Aggression (International law).
ISBN : UOM:39015058796064

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International Law and the Use of Force by Christine D. Gray Pdf

1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.

Author : Chiara Redaelli
Publisher : Bloomsbury Publishing
Page : 340 pages
File Size : 54,6 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509940554

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Intervention in Civil Wars by Chiara Redaelli Pdf

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.

Author : Norbert Frei,Daniel Stahl,Annette Weinke
Publisher : Wallstein Verlag
Page : 249 pages
File Size : 49,5 Mb
Release : 2017-08-28
Category : History
ISBN : 9783835340879

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Human Rights and Humanitarian Intervention by Norbert Frei,Daniel Stahl,Annette Weinke Pdf

Wie Menschenrechte zu einer Legitimationsgrundlage für militärische Interventionen wurden. Die Balkankriege der neunziger Jahre, der Völkermord in Ruanda und die Darfur-Krise dienten als Katalysatoren einer Debatte, die die Koordinaten internationaler Politik und des Völkerrechts nachhaltig verändert hat: Der Verweis auf humanitäre Notlagen und Menschenrechtsverletzungen wurde zu einem der zugkräftigsten Argumente, um Eingriffe einzelner Staaten oder Staatenbündnisse auf fremdem Territorium zu legitimieren. Die dadurch angestoßene Neuverhandlung internationaler Normen ging einher mit einer Relativierung des Souveränitätsprinzips und des Gewaltverbots. Der Aufstieg des sogenannten »New Humanitarianism" während der neunziger Jahre war nicht zuletzt das Resultat politischer und kultureller Wandlungsprozesse, deren Wurzeln in der Zeit vor dem Ende der bipolaren Weltordnung lagen. Die Aushöhlung des Unparteilichkeitsgebots humanitärer Akteure, der Aktivismus einer Neuen Linken und die Entstehung einer neuen Ethik der Dringlichkeit haben die Formen und Ziele des Humanitarismus grundlegend verändert. Der Band nimmt gleichermaßen die Rolle von Regierungen, suprastaatliche und nichtstaatliche Akteure wie NGOs, Medien und Sozialwissenschaften in den Blick.

Author : Corneliu Bjola
Publisher : Routledge
Page : 406 pages
File Size : 50,5 Mb
Release : 2009-09-10
Category : History
ISBN : 9781135256845

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Legitimising the Use of Force in International Politics by Corneliu Bjola Pdf

This book aims to examine the conditions under which the decision to use force can be reckoned as legitimate in international relations. Drawing on communicative action theory, it provides a provocative answer to the hotly contested question of how to understand the legitimacy of the use of force in international politics. The use of force is one of the most critical and controversial aspects of international politics. Scholars and policy-makers have long tried to develop meaningful standards capable of restricting the use of force to a legally narrow yet morally defensible set of circumstances. However, these standards have recently been challenged by concerns over how the international community should react to gross human rights abuses or to terrorist threats. This book argues that current legal and moral standards on the use of force are unable to effectively deal with these challenges. The author argues that the concept of 'deliberative legitimacy', understood as the non-coerced commitment of an actor to abide by a decision reached through a process of communicative action, offers the most appropriate framework for addressing this problem. The theoretical originality and empirical value of the concept of deliberative legitimacy comes fully into force with the examination of two of the most severe international crises from the post Cold War period: the 1999 NATO intervention in Kosovo and the 2003 US military action against Iraq. This book will be of much interest to students of international security, ethics, international law, discourse theory and IR. Corneliu Bjola is SSHRC Postdoctoral Fellow with the Centre for Ethics at the University of Toronto, and has a PhD in International Relations.