International Law And The Use Of Force Against Terrorism

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International Law and the Use of Force

Christine D. Gray
International Law and the Use of Force Book PDF

Author : Christine D. Gray
Publisher : Oxford University Press, USA
Page : 360 pages
File Size : 45,9 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.

International Law and the Use of Force

Christine Gray
International Law and the Use of Force Book PDF

Author : Christine Gray
Publisher : Oxford University Press
Page : 480 pages
File Size : 51,7 Mb
Release : 2018-02-08
Category : Law
ISBN : 9780192536440

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International Law and the Use of Force by Christine Gray Pdf

This book explores 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 increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Terrorism, War and International Law

Dr Myra Williamson
Terrorism War and International Law Book PDF

Author : Dr Myra Williamson
Publisher : Ashgate Publishing, Ltd.
Page : 339 pages
File Size : 45,6 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496564

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Terrorism, War and International Law by Dr Myra Williamson Pdf

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism

Aniel Caro de Beer
Peremptory Norms of General International Law Jus Cogens and the Prohibition of Terrorism Book PDF

Author : Aniel Caro de Beer
Publisher : BRILL
Page : 302 pages
File Size : 49,7 Mb
Release : 2019-02-19
Category : Law
ISBN : 9789004391543

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Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism by Aniel Caro de Beer Pdf

In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer evaluates the role of peremptory norms of international law or jus cogens in the fight against terrorism.

The Changing Rules on the Use of Force in International Law

Tarcisio Gazzini
The Changing Rules on the Use of Force in International Law Book PDF

Author : Tarcisio Gazzini
Publisher : Manchester University Press
Page : 298 pages
File Size : 53,8 Mb
Release : 2005
Category : Law
ISBN : 0719073251

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The Changing Rules on the Use of Force in International Law by Tarcisio Gazzini Pdf

A systematic study on the legal regulation of the use of military force, both by international organisations and states, at the beginning of the twenty-first century.

Counter-Terrorism and the Use of Force in International Law

Anonim
Counter Terrorism and the Use of Force in International Law Book PDF

Author : Anonim
Publisher : DIANE Publishing
Page : 107 pages
File Size : 42,6 Mb
Release : 2002
Category : Electronic
ISBN : 9781428960824

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Counter-Terrorism and the Use of Force in International Law by Anonim Pdf

In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.

Extraterritorial Use of Force against Non-State Actors

Dire Tladi
Extraterritorial Use of Force against Non State Actors Book PDF

Author : Dire Tladi
Publisher : BRILL
Page : 208 pages
File Size : 52,5 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.

International Law, Security and Ethics

Aidan Hehir,Natasha Kuhrt,Andrew Mumford
International Law Security and Ethics Book PDF

Author : Aidan Hehir,Natasha Kuhrt,Andrew Mumford
Publisher : Routledge
Page : 222 pages
File Size : 44,7 Mb
Release : 2014-02-04
Category : History
ISBN : 9781136719615

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International Law, Security and Ethics by Aidan Hehir,Natasha Kuhrt,Andrew Mumford Pdf

This book examines the different ways in which the laws governing the use of force and the conduct of warfare have become subject to intense scrutiny and contestation since the initiation of the war on terror. Since the end of the Cold War, the nature of security challenges has changed radically and this change has been recognised by the UN, governments and academics around the world. The 911 attacks and the subsequent launch of the 'war on terror' added a new dimension to this debate on the nature and utility of international law due to the demands from some quarters for a change in the laws governing self-defence and humanitarian intervention. This book analyses the nature of these debates and focuses on key issues that have led to the unprecedented contemporary questioning of both the utility and composition of international law on the use of force as well as the practicability of using force, including handling of ‘prisoners’ and ‘security risks’. It also identifies the sources of division and addresses the capacities of security policy and international law to adapt to the changed international environment. This book will of much interest to students of international law, war and conflict studies, and IR and Security Studies in general.

International Law and the Use of Force against Terrorism

Shadi Adnan Alshdaifat
International Law and the Use of Force against Terrorism Book PDF

Author : Shadi Adnan Alshdaifat
Publisher : Cambridge Scholars Publishing
Page : 370 pages
File Size : 50,6 Mb
Release : 2017-01-06
Category : Political Science
ISBN : 9781443862639

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International Law and the Use of Force against Terrorism by Shadi Adnan Alshdaifat Pdf

As shown in the case of Attila the Hun, and his thirst for power, property, and personal prestige, nation states throughout the world, particularly in Asia and Europe, have, since ancient times, been vulnerable to invasion by other nation states and bands of looters from outside their borders. Terrorism’s progress into the modern day has caused extreme concern among members of the international community, who now accept that it is like a cancer that refuses to localize itself within any single organ of the body, but seeks to spread its lethality throughout, even if that means destroying itself along with the host. The fight against terrorism is long and complex, but the end is known in advance. Terrorists are defending a lost cause, and their defeat is inevitable, and democracy, freedom, and diplomacy will triumph.

Customary International Law in Times of Fundamental Change

Michael P. Scharf
Customary International Law in Times of Fundamental Change Book PDF

Author : Michael P. Scharf
Publisher : Cambridge University Press
Page : 241 pages
File Size : 52,5 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.

The Use of Force in International Law

Tom Ruys,Olivier Corten,Alexandra Hofer
The Use of Force in International Law Book PDF

Author : Tom Ruys,Olivier Corten,Alexandra Hofer
Publisher : Oxford University Press
Page : 750 pages
File Size : 48,5 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?

International Law and the Use of Force

Christine D. Gray
International Law and the Use of Force Book PDF

Author : Christine D. Gray
Publisher : Oxford University Press on Demand
Page : 474 pages
File Size : 53,5 Mb
Release : 2008
Category : Law
ISBN : 9780199239146

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

This text explores the large and controversial subject of the use of force in international law, including use of force by States, the role of the UN, and the role of regional organizations in the maintenance of international peace and security.

Counter-Terrorism Strategies in a Fragmented International Legal Order

Larissa J. Herik,Larissa van den Herik,Nico Schrijver
Counter Terrorism Strategies in a Fragmented International Legal Order Book PDF

Author : Larissa J. Herik,Larissa van den Herik,Nico Schrijver
Publisher : Cambridge University Press
Page : 799 pages
File Size : 52,8 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781107025387

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Counter-Terrorism Strategies in a Fragmented International Legal Order by Larissa J. Herik,Larissa van den Herik,Nico Schrijver Pdf

An exploration of the relationship between different branches of international law and their applicability to terrorism.

Terrorism, War and International Law

Myra Williamson
Terrorism War and International Law Book PDF

Author : Myra Williamson
Publisher : Routledge
Page : 294 pages
File Size : 55,5 Mb
Release : 2016-04-01
Category : Law
ISBN : 9781317045946

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Terrorism, War and International Law by Myra Williamson Pdf

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

The Use of Force in International Law

Tarcisio Gazzini
The Use of Force in International Law Book PDF

Author : Tarcisio Gazzini
Publisher : Routledge
Page : 649 pages
File Size : 42,6 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.