State Failure And The Extraterritorial Use Of Force In Self Defence Against Non State Actors

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Extraterritorial Use of Force against Non-State Actors

Author : Dire Tladi
Publisher : BRILL
Page : 208 pages
File Size : 45,7 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.

Self-Defence against Non-State Actors

Author : Mary Ellen O'Connell,Christian J. Tams,Dire Tladi
Publisher : Cambridge University Press
Page : 313 pages
File Size : 51,8 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.

Extraterritorial Use of Force Against Non-State Actors

Author : Noam Lubell
Publisher : OUP Oxford
Page : 320 pages
File Size : 43,6 Mb
Release : 2010-05-27
Category : Law
ISBN : 9780191029738

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Extraterritorial Use of Force Against Non-State Actors by Noam Lubell Pdf

This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

The Oxford Handbook of the Use of Force in International Law

Author : Marc Weller,Alexia Solomou,Jake William Rylatt
Publisher : Unknown
Page : 1377 pages
File Size : 40,5 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.

International Law and New Wars

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 40,9 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

International Law and the Use of Force

Author : Christine Gray
Publisher : Oxford University Press
Page : 480 pages
File Size : 41,6 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.

The Use of Force in International Law

Author : Tom Ruys,Olivier Corten,Alexandra Hofer
Publisher : Oxford University Press
Page : 750 pages
File Size : 42,7 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?

The Art of Law in the International Community

Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 51,6 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781108426664

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The Art of Law in the International Community by Mary Ellen O'Connell Pdf

Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.

NATO Rules of Engagement

Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 40,6 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.

Counter-Terrorism and the Use of Force in International Law

Author : Anonim
Publisher : DIANE Publishing
Page : 107 pages
File Size : 43,8 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.

Cyber Operations and International Law

Author : François Delerue
Publisher : Cambridge University Press
Page : 545 pages
File Size : 54,8 Mb
Release : 2020-03-19
Category : Law
ISBN : 9781108490276

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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.

The ‘War on Terror' and the Framework of International Law

Author : Helen Duffy
Publisher : Cambridge University Press
Page : 1071 pages
File Size : 46,7 Mb
Release : 2015-04-09
Category : Law
ISBN : 9781107014503

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The ‘War on Terror' and the Framework of International Law by Helen Duffy Pdf

This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.

Self-defence in International Law

Author : D. W. Bowett
Publisher : The Lawbook Exchange, Ltd.
Page : 310 pages
File Size : 46,5 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).

Permutations of Responsibility in International Law

Author : Anonim
Publisher : BRILL
Page : 288 pages
File Size : 50,9 Mb
Release : 2019-02-11
Category : Law
ISBN : 9789004390485

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Permutations of Responsibility in International Law by Anonim Pdf

In Permutations of Responsibility in International Law the contributors offer an account of the variety of manifestations of responsibility in international law tackled from the angle of its nature, the actors involved and the different regimes in which it may emerge.

Counter-Terrorism Strategies in a Fragmented International Legal Order

Author : Larissa J. Herik,Larissa van den Herik,Nico Schrijver
Publisher : Cambridge University Press
Page : 799 pages
File Size : 50,9 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.