This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Author: Howard M. Hensel
Release Date: 2017-09-29
Modern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.
Author: Andrew Clapham
Publisher: Oxford University Press
Release Date: 2014-03
Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.
Author: Robert Cryer
Release Date: 2017-01-27
This comprehensive four-volume compilation presents seminal works from leading authors on the use of force and armed conflict, beginning with detailed analysis of the prohibition of forcible intervention, including interpretation of the rule and notable exceptions to it. In addition, the collection offers a wealth of important material on the law of armed conflict in connection with its foundations, applicability, sources, substance, practical application, and implementation. Together with an original introduction by the editors, the collection provides a thorough grounding in the law relating to the initial use of force and subsequent armed conflict, and is an essential source of reference for practitioners, academics and students alike.
Author: Noam Lubell
Publisher: Oxford University Press
Release Date: 2010-05-27
This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.
Author: Michael Byers
Publisher: Open Road + Grove/Atlantic
Release Date: 2007-12-01
“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law” (Chris Patten, Chancellor of Oxford University). International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
With the end of the Cold War and the resurgence of dormant ethnic and intrastate conflicts within many nations, the demands for international forces to keep the peace, ensure humanitarian relief, and secure democratic institutions in splintering states around the world have increased dramatically. The United States has significantly increased its own involvement in United Nations operations. At the same time as demands for forceful intervention have increased, events in Bosnia, Somalia, Haiti, and other troubled areas around the world have revealed shortfalls in the developed world's ability to deal the non-traditional missions of nation building, securing humanitarian rights, and large scale peace enforcement operations. A fundamental question arises in the face these new operations: how well do rules developed during the era of limited classical peacekeeping fit these new missions? Can the old rules still apply in this new age of peace operations? Part of the problem in applying classical peacekeeping rules today is that they are a mishmash of guidelines on when to intervene, and once decision to intervene is made, what the rules on the use of force should be. The issue of regulation of the use of force in peacekeeping and humanitarian missions is covered. A third important issue, the legal status United Nations forces engaging in new types of expanded peace operations and their resulting obligations under the international law of armed conflict, is also discussed.
Author: Elizabeth Wilmshurst
Publisher: Oxford University Press
Release Date: 2012-08-02
International law separates international from non-international conflicts. This book discusses how this categorization operates, identifying the legal questions raised. Case studies from Colombia to Iraq show how this classification impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.
Author: Christopher A. Ford
Publisher: Lexington Books
Release Date: 2012
Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia coupled with legal and historical analyses of trends in international humanitarian law the authors place post-9/11 practice in the context of the international legal community s broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the state-on-nonstate variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing war and law enforcement paradigms of legal constraint and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen s volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the global war on terrorism. "
Author: Committee on Armed Services United States Senate
Publisher: Createspace Independent Publishing Platform
Release Date: 2014-08-10
Genre: Political Science
On September 18, 2001, Congress enacted a joint resolution authorizing the President to, "Use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons." This authority is referred to as the Authorization for the Use of Military Force (AUMF). Today's hearing will examine the legal basis for the use of military force in accordance with the law of armed conflict, including the use of drones. We have asked our witnesses to help us consider a number of questions including: What is the continuing vitality of the 2001 AUMF a dozen years after its enactment? How will we know when the current conflict is over? Does the AUMF extend to organizations which played no active role in the September 11 attacks and may not have even existed in 2001? Should the AUMF be extended or modified by legislation to cover groups not associated with al Qaeda? What is the legal basis for military action in countries like Yemen and Somalia which are far away from Afghanistan where the September 1 attacks were planned? These and related matters raise challenging questions and there is a wide range of views on the answers.
Author: Gary D. Solis
Publisher: Cambridge University Press
Release Date: 2010-02-15
The Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.
Author: Dieter Fleck
Publisher: Oxford University Press, USA
Release Date: 1999
This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide.