Jus Post Bellum

Author: Carsten Stahn
Publisher: OUP Oxford
ISBN: 9780191509384
Release Date: 2014-02-13
Genre: Law

This is an open access title available under the terms of a CC BY-NC-ND 4.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. The successful transition from armed conflict to peace is one of the greatest challenges of contemporary warfare. The laws and principles governing transitions from conflict to peace (jus post bellum) have only recently gained attention in legal scholarship. There are three key questions concerning the core of jus post bellum: the law ('jus'), the temporal aspect ('post'), and different types of armed conflict ('bellum') involved. This book explores the different legal meanings and components of the concept, including its implications in contemporary politics and practice. The book provides a detailed understanding of the development and nature of jus post bellum as a concept, including its foundations, criticisms, and relationship to related concepts (such as transitional justice, and the responsibility to protect). It investigates the relationship of the concept to jus ad bellum and jus in bello, and its relevance in internal armed conflicts and peacebuilding. There are significant problems brought about in relation to the ending of conflict, including indicators for the end of conflict, exit strategies, and institutional responses, which are also assessed. The book identifies the key components of a 'jus', drawing on disparate bodies and sources of international law such as peace agreements, treaty law, self-determination, norms governing peace operations and the status of foreign armed forces, environmental law, human rights, and amnesty law. Taking into account perspectives from multiple disciplines, the book is important reading for scholars, practitioners, and students across many fields, including peace and conflict studies, international relations, and international humanitarian law.

Jus Post Bellum

Author: Carsten Stahn
Publisher: T.M.C. Asser Press
ISBN: 9067047201
Release Date: 2011-08-27
Genre: Law


Environmental Protection and Transitions from Conflict to Peace

Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 9780191087585
Release Date: 2017-10-12
Genre: Law

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.

Inside Cyber Warfare

Author: Jeffrey Carr
Publisher: "O'Reilly Media, Inc."
ISBN: 9781449325459
Release Date: 2011-12-09
Genre: Computers

When the Stuxnet computer worm damaged the Iranian nuclear program in 2010, the public got a small glimpse into modern cyber warfare—without truly realizing the scope of this global conflict. Inside Cyber Warfare provides fascinating and disturbing details on how nations, groups, and individuals throughout the world increasingly rely on Internet attacks to gain military, political, and economic advantages over their adversaries. This updated second edition takes a detailed look at the complex domain of cyberspace, and the players and strategies involved. You’ll discover how sophisticated hackers working on behalf of states or organized crime patiently play a high-stakes game that could target anyone, regardless of affiliation or nationality. Discover how Russian investment in social networks benefits the Kremlin Learn the role of social networks in fomenting revolution in the Middle East and Northern Africa Explore the rise of anarchist groups such as Anonymous and LulzSec Look inside cyber warfare capabilities of nations including China and Israel Understand how the U.S. can legally engage in covert cyber operations Learn how the Intellectual Property war has become the primary focus of state-sponsored cyber operations Jeffrey Carr, the founder and CEO of Taia Global, Inc., is a cyber intelligence expert and consultant who specializes in the investigation of cyber attacks against governments and infrastructures by state and non-state hackers.

Necessity in International Law

Author: Jens David Ohlin
Publisher: Oxford University Press
ISBN: 9780190622954
Release Date: 2016-09-08
Genre: Law

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

The International Criminal Court and Complementarity

Author: Carsten Stahn
Publisher: Cambridge University Press
ISBN: 9781316139509
Release Date: 2011-10-06
Genre: Law

This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Routledge Handbook of Ethics and War

Author: Fritz Allhoff
Publisher: Routledge
ISBN: 9781136260995
Release Date: 2013-06-26
Genre: Philosophy

This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.

International Law

Author: Charlotte Ku
Publisher: Lynne Rienner Pub
ISBN: 1588261328
Release Date: 2003
Genre: Law

Covering subjects ranging from treaties and dispute settlement to the environment, human rights, and war crimes, this anthology is unique in revealing the influence of international law on political behavior, creating a bridge between legal and political considerations of the topic.

Migration in Political Theory

Author: Sarah Fine
Publisher: Oxford University Press
ISBN: 9780191664311
Release Date: 2016-01-28
Genre: Political Science

Written by an international team of leading political and legal theory scholars whose writings have contributed to shaping the field, Migration in Political Theory presents seminal new work on the ethics of movement and membership. The volume addresses challenging and under-researched themes on the subject of migration. It debates the question of whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. The authors critically examine criteria for selecting would-be migrants, and for acquiring citizenship. They discuss tensions between the claims of immigrants and existing residents, and tackle questions of migrant worker exploitation and responsibility for refugees. The book illustrates the importance of drawing on the tools of political theory to clarify, criticize, and challenge the current terms of the migration debate.

On the Law of Peace

Author: Christine Bell
Publisher: Oxford University Press
ISBN: 9780199226832
Release Date: 2008-09-25
Genre: Law

Analysing how and why peace agreements are produced, this title focuses on the extent to which they are regulated by law, or impose legally binding obligations.

The Concept of Non International Armed Conflict in International Humanitarian Law

Author: Anthony Cullen
Publisher: Cambridge University Press
ISBN: 9781139486606
Release Date: 2010-04-08
Genre: Law

Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.

Imagining Law

Author: Dale Stephens
Publisher: University of Adelaide Press
ISBN: 9781925261318
Release Date: 2016-10-24
Genre: Law

By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.

The New Terrain of International Law

Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 9781400848683
Release Date: 2014-01-24
Genre: Political Science

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Humanitarian Military Intervention

Author: Taylor B. Seybolt
Publisher: SIPRI Publication
ISBN: 0199252432
Release Date: 2007-01
Genre: Political Science

Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the central premise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were the defining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are the objectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. The focus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types. Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a governmentsubjects its citizens to massive violation of their basic human rights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.