Legal Restraints On The Use Of Military Force

Author : Thilo Marauhn,Barry de Vries
Publisher : BRILL
Page : 700 pages
File Size : 46,5 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004380592

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Legal Restraints on the Use of Military Force by Thilo Marauhn,Barry de Vries Pdf

Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.

Author : Thilo Marauhn,Barry de Vries
Publisher : Brill Nijhoff
Page : 687 pages
File Size : 51,8 Mb
Release : 2020-12-17
Category : Law
ISBN : 9004380582

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Legal Restraints on the Use of Military Force by Thilo Marauhn,Barry de Vries Pdf

Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael's doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.

Author : Antonio Cassese
Publisher : Martinus Nijhoff Publishers
Page : 554 pages
File Size : 55,9 Mb
Release : 1986-12-02
Category : Law
ISBN : 9789024732470

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The Current Legal Regulation of the Use of Force by Antonio Cassese Pdf

The main purpose of this book is to investigate how the use of force by individual states is currently regulated by international law, forty years after the adoption of the U.N Charter.

Author : Lori Fisler Damrosch
Publisher : Routledge
Page : 346 pages
File Size : 54,8 Mb
Release : 2019-06-07
Category : Electronic
ISBN : 0367004380

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Law and Force in the New International Order by Lori Fisler Damrosch Pdf

Momentous events of recent years have shown the tremendous potential for developing and applying international law, even in the area that has always presented the greatest challenge to the rule of law--the use of force. The collaborative response by the United States, the Soviet Union, and other major powers to the Iraqi army's invasion and occupation of Kuwait showed unprecedented unity on the relevance of international law, its rules, and its enforceability through decisions of the UN Security Council. What explains this historic convergence of views? What differences remain about the legality of using armed force in the new international order that is emerging with the end of the Cold War? Law and Force in the New International Order offers a timely and comprehensive inquiry into the growing number of situations where the temptation or necessity to use military force confronts the tenets of international law. Distinguished American and Soviet legal scholars and practitioners explore the idea of the primacy of law over politics, the notion held by some that U.S. military force may be applied for the sake of democracy at a time when Moscow has rejected the Brezhnev Doctrine, the tension between collective security and collective self-defense during the Iraq-Kuwait crisis, and the prospects for the use of force being authorized by the United Nations and regional organizations. The contributors also examine the vexing legal issues raised by interventions to protect human rights, to overthrow "illegitimate" regimes, and to combat international terrorism and drug trafficking; the restraints on the use of force promised by new arms control agreements; and the future role of the World Court and other tribunals in preventing or settling disputes involving the threat or use of force.

Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 40,9 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004401686

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NATO Rules of Engagement by Camilla Guldahl Cooper Pdf

In 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 : Marco Longobardo
Publisher : Cambridge University Press
Page : 351 pages
File Size : 45,8 Mb
Release : 2018-10-18
Category : History
ISBN : 9781108473415

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The Use of Armed Force in Occupied Territory by Marco Longobardo Pdf

Explores the use of armed force in occupied territory under different international law branches.

Author : Howard M. Hensel
Publisher : Routledge
Page : 308 pages
File Size : 50,7 Mb
Release : 2016-03-03
Category : Political Science
ISBN : 9781317025870

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The Legitimate Use of Military Force by Howard M. Hensel Pdf

Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.

Author : Richard A. Falk
Publisher : Princeton University Press
Page : 966 pages
File Size : 43,9 Mb
Release : 2015-03-08
Category : Law
ISBN : 9781400868247

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The Vietnam War and International Law, Volume 3 by Richard A. Falk Pdf

Issues of the war that have provoked public controversy and legal debate over the last two years—the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes—are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Lindsay Moir
Publisher : Bloomsbury Publishing
Page : 194 pages
File Size : 40,5 Mb
Release : 2010-01-20
Category : Law
ISBN : 9781847315571

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Reappraising the Resort to Force by Lindsay Moir Pdf

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.

Author : Gregory Rose,Bruce Oswald
Publisher : BRILL
Page : 451 pages
File Size : 47,6 Mb
Release : 2016-08-11
Category : Law
ISBN : 9789004310643

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Detention of Non-State Actors Engaged in Hostilities by Gregory Rose,Bruce Oswald Pdf

In Detention of Non-State Actors engaged in Hostilities: The Future Law Rose and Oswald explore the armed forces’ international legal obligations for management of detainees who are insurgents, saboteurs or terrorists in asymmetrical armed conflicts.

Author : Robert W. Coakley
Publisher : DIANE Publishing
Page : 396 pages
File Size : 45,6 Mb
Release : 1996-04
Category : History
ISBN : 0788128183

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The Role of Federal Military Forces in Domestic Disorders, 1789-1878 by Robert W. Coakley Pdf

Describes the essential elements of the incidents from the Whiskey Rebellion in 1794 to the Reconstruction that followed the Civil War and the ways in which federal military force was applied in each case. Includes: the Fries Rebellion, the Burr Conspiracy, Slave Rebellions, the Nullification Crisis, the Chesapeake and Ohio Canal Riots, the 3Buckshot War2, the Patriot War, the Dorr Rebellion, the Army as Posse Comitatus, San Francisco Vigilantes, the Utah Expedition, the Civil War, etc. Extensive bibliography. Index. Full-color and b&w photos and maps.

Author : Anonim
Publisher : Unknown
Page : 326 pages
File Size : 47,5 Mb
Release : 1995
Category : Law
ISBN : OSU:32437010169775

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Journal of Legal Studies by Anonim Pdf

Author : William C. Banks
Publisher : Columbia University Press
Page : 320 pages
File Size : 53,5 Mb
Release : 2011-10-25
Category : Political Science
ISBN : 9780231526562

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New Battlefields/Old Laws by William C. Banks Pdf

An internationally-recognized authority on constitutional law, national security law, and counterterrorism, William C. Banks believes changing patterns of global conflict are forcing a reexamination of the traditional laws of war. The Hague Rules, the customary laws of war, and the post-1949 law of armed conflict no longer account for nonstate groups waging prolonged campaigns of terrorism—or even more conventional insurgent attacks. Recognizing that many of today's conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks's collection analyzes nonstate armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law. Both he and his contributors believe gaps in the laws of war leave modern battlefields largely unregulated, and they fear state parties suffer without guidelines for responding to terrorists and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this collection juxtaposes diverse perspectives on existing laws and their application in contemporary conflict. It sets forth a legal definition of new wars, describes the status of new actors, charts the evolution of the twenty-first-century battlefield, and balances humanitarian priorities with military necessity. While the contributors contest each other, they ultimately reestablish the legitimacy of a long-standing legal corpus, and they rehumanize an environment in which the most vulnerable targets, civilian populations, are themselves becoming weapons against conventional power.

Author : Sebastian Mayer
Publisher : Edward Elgar Publishing
Page : 445 pages
File Size : 51,9 Mb
Release : 2023-07-01
Category : Political Science
ISBN : 9781839103391

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Research Handbook on NATO by Sebastian Mayer Pdf

This timely Research Handbook provides novel insights into the institutional complexities of the North Atlantic Treaty Organization (NATO). Through a defined focus on the post-Cold War evolution of NATO, it provides various theoretical perspectives on the Alliance and assesses wider research efforts within NATO studies.

Author : Clayton D. Laurie
Publisher : Government Printing Office
Page : 500 pages
File Size : 41,8 Mb
Release : 1997-07-15
Category : Business & Economics
ISBN : 0160882680

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The role of federal military forces in domestic disorders, 1877-1945 by Clayton D. Laurie Pdf

CMH 30-15. Army Historical Series. 2nd of three planned volumes on the history of Army domestic support operations. This volume encompasses the period of the rise of industrial America with attendant social dislocation and strife. Major themes are: the evolution of the Army's role in domestic support operations; its strict adherence to law; and the disciplined manner in which it conducted these difficult and often unpopular operations.