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In this book Professor Franck tracks various conflicts since 1945 which have contributed to the extensive interpretation of the UN Charter by the UN's principal political institutions. He examines the law pertaining to the use of force againt subversion and terrorism, and the need to balance peace with justice.
The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.
International Law and the Use of Force by Anthony Clark Arend,Robert J. Beck Pdf
When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.
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.
'Armed Attack' and Article 51 of the UN Charter by Tom Ruys Pdf
This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.
War Is a Force that Gives Us Meaning by Chris Hedges Pdf
As a veteran war correspondent, Chris Hedges has survived ambushes in Central America, imprisonment in Sudan, and a beating by Saudi military police. He has seen children murdered for sport in Gaza and petty thugs elevated into war heroes in the Balkans. Hedges, who is also a former divinity student, has seen war at its worst and knows too well that to those who pass through it, war can be exhilarating and even addictive: “It gives us purpose, meaning, a reason for living.” Drawing on his own experience and on the literature of combat from Homer to Michael Herr, Hedges shows how war seduces not just those on the front lines but entire societies—corrupting politics, destroying culture, and perverting basic human desires. Mixing hard-nosed realism with profound moral and philosophical insight, War Is a Force that Gives Us Meaning is a work of terrible power and redemptive clarity whose truths have never been more necessary.
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.
New Interventionist Just War Theory by Jordy Rocheleau Pdf
This book offers a systematic critique of recent interventionist just war theories, which have made the recourse to force easier to justify. The work argues that these theories, including neo-traditionalist prerogatives to national leaders and a cosmopolitan human rights paradigm, offer criteria for war that are insufficient in principle and dangerous in practice. Drawing on a plurality of moral considerations, the book recommends a modified legalist national defense paradigm, which includes an atrocity threshold for humanitarian intervention and a legitimate authorization requirement. The plausibility of this restrictive framework is applied to case studies, including the long wars in Iraq and Afghanistan, ongoing targeted killing, and possible interventions in Syria and elsewhere. Various arguments which seek to loosen the criteria for war are also systematically analyzed and criticized. This book will be of much interest to students of just war theory, military history, ethics, political philosophy, and international relations.
Force on Force by Ambush Alley Ambush Alley Games Pdf
Force on Force brings the drama and action of modern warfare to the tabletop using miniature soldiers. The rules cover all aspects of modern warfare from the confidence and supply level of troops to air-strikes and off-board artillery and accommodates scenarios set anywhere from the end of World War II to the conflicts on today's news without sacrificing either character or playability. Quick to learn and play, the game rewards players who use well-considered modern tactics to try and achieve victory. From infantry and armor to artillery and air support, Force on Force presents everything that players need to recreate post-World War II warfare involving both conventional, combined-arms forces and the irregular guerrilla units that have become the hallmark of 21st century warfare.
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.
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
The Use of Force and International Law by Christian Henderson Pdf
Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.