Pre Emptive Self Defence In An Age Of International Terrorism The Law On Self Defence Needs To Be Expanded To Include The Right To Pre Emptive Self Defence

Author : Sebastian Plappert
Publisher : GRIN Verlag
Page : 16 pages
File Size : 53,5 Mb
Release : 2010-07-19
Category : Political Science
ISBN : 9783640664634

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Pre-emptive Self-Defence: "In an age of international terrorism, the law on self-defence needs to be expanded to include the right to pre-emptive self-defence." by Sebastian Plappert Pdf

Essay from the year 2007 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: Distinction, Macquarie University, course: IRPG 842 Politics of International Law, language: English, abstract: This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.

Author : Sebastian Plappert
Publisher : GRIN Verlag
Page : 29 pages
File Size : 43,9 Mb
Release : 2010-07
Category : Electronic
ISBN : 9783640664184

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Pre-emptive Self-Defence: "In an Age of International Terrorism, the Law on Self-defence Needs to be Expanded to Include the Right to Pre-emptive Self-defence." by Sebastian Plappert Pdf

Essay from the year 2007 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: Distinction, Macquarie University, course: IRPG 842 Politics of International Law, language: English, abstract: This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.

Author : Jan Kittrich
Publisher : Logos Verlag Berlin GmbH
Page : 219 pages
File Size : 52,5 Mb
Release : 2008
Category : Law
ISBN : 9783832519551

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The Right of Individual Self-Defense in Public International Law by Jan Kittrich Pdf

The book examines in detail one of the most controversial topic in current international law, namely the scope and extent of the right of individual self-defense. The book carefully traces the paths which have been followed in the developing legal debate on self-defense. The author uses numerous case-studies of incidents involving the use of force in alleged self-defense (such as the Entebbe Incident 1976, the Nicaragua Case 1986 or the Israeli-Lebanese conflict of 2006) which have formed the central point of scholarly debate. The author's conclusions are based not only on thorough analysis of academic discussions but also of the practice of States and international bodies, especially of the United Nations Organization. At the outset of the book the author reviews the historical context and the customary evolution of the right of self-defense. Reference is made to the famous Caroline Case of 1837, which set the necessary conditions of lawful exercise of self-defense. Next, the author examines the concept and legal nature of self-defense, carefully assessing the customary conditions of necessity, proportionality and immediacy derived from the Caroline Case. As the occurrence of an "armed attack" is a conditio sine qua non of lawful invocation of self-defense, several modalities of an armed attack are attentively evaluated such as its constituent elements, beginning or scale. The author explores, whether reactions to acts of international terrorism committed by a non-State may be based on the right of self-defense. In times of global terrorist networks it is highly desirable to attach special attention to use of force in self-defense as a remedy against serious acts of terrorism. Thorough analysis of State practice is shown on several examples from recent history - the U.S. air raid on Libya in 1986 and on Baghdad in 1993 and relatively recent air strikes on Sudan and Afghanistan in 1998. Reference is also made to the most striking example - the Al-Qaeda attack on the United States in 2001. The validity of claims of anticipatory/preventive self-defense is examined on a theoretical level and then applied to the specific details of the Israeli air strike on the Osiraq Nuclear Reactor in 1981. The two main approaches to preventive self-defense - "restrictive" and "traditional" - are then discussed in detail. Brief analysis is also devoted to the nature of the so-called - pre-emptive - self-defense indicating its current position under international law.

Author : Kinga Tibori Szabó
Publisher : Springer Science & Business Media
Page : 356 pages
File Size : 44,7 Mb
Release : 2011-08-22
Category : Law
ISBN : 9789067047968

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Anticipatory Action in Self-Defence by Kinga Tibori Szabó Pdf

The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence – both anticipatory and remedial – are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.

Author : Murray Colin Alder
Publisher : Springer Science & Business Media
Page : 236 pages
File Size : 43,7 Mb
Release : 2012-09-21
Category : Law
ISBN : 9789400748514

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The Inherent Right of Self-Defence in International Law by Murray Colin Alder Pdf

Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

Author : Onder Bakircioglu
Publisher : Routledge
Page : 274 pages
File Size : 44,8 Mb
Release : 2011-05-11
Category : Law
ISBN : 9781136702730

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Self-Defence in International and Criminal Law by Onder Bakircioglu Pdf

Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.

Author : D. W. Bowett
Publisher : Manchester University Press
Page : 320 pages
File Size : 53,7 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 8210379456XXX

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Self-defence in International Law by D. W. Bowett Pdf

Author : Stanimir A. Alexandrov
Publisher : Martinus Nijhoff Publishers
Page : 380 pages
File Size : 47,9 Mb
Release : 1996-07-29
Category : Law
ISBN : 9041102477

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Self-Defense Against the Use of Force in International Law by Stanimir A. Alexandrov Pdf

Iz vsebine: 1. Samoobramba v obdobju pred Ligo narodov, 2. Dogovor Lige narodov, 3. Pariška pogodba, 4. 51. člen Listine Združenih narodov, 5. Individualna samoobramba, 6. Praksa kolektivne samoobrambe (s strani tretje države, regionalne organizacije, skupine držav s popolno odobritvijo Združenih narodov), sklepi: samoobramba kot poglavitna sestavina kolektivnega varnostnega sistema in kot oblika dela za pospeševanje mednarodnega miru.

Author : Marc Weller,Alexia Solomou,Jake William Rylatt
Publisher : Unknown
Page : 1377 pages
File Size : 42,5 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 : Stanimir A. Alexandrov
Publisher : BRILL
Page : 375 pages
File Size : 45,8 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004635166

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Self-Defense Against the Use of Force in International Law by Stanimir A. Alexandrov Pdf

Author : Tadashi Mori
Publisher : BRILL
Page : 288 pages
File Size : 40,6 Mb
Release : 2018-01-11
Category : Law
ISBN : 9789004355002

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Origins of the Right of Self-Defence in International Law by Tadashi Mori Pdf

This book defines the right of self-defence as understood in and before 1945 and offers a possible better alternative for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter.

Author : Chris O'Meara
Publisher : Oxford University Press
Page : 289 pages
File Size : 51,5 Mb
Release : 2021-03-11
Category : Law
ISBN : 9780192608567

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Necessity and Proportionality and the Right of Self-Defence in International Law by Chris O'Meara Pdf

States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.

Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 55,9 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 : Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Publisher : Cambridge University Press
Page : 313 pages
File Size : 46,8 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 : D. W. Bowett
Publisher : The Lawbook Exchange, Ltd.
Page : 310 pages
File Size : 46,8 Mb
Release : 2009
Category : Légitime défense (Droit international).
ISBN : 9781584778554

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Self-defence in International Law by D. W. Bowett Pdf

Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).