The Law of Armed Conflict and the Use of Force

Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 9780198784623
Release Date: 2017-01-05
Genre:

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.

The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham
Publisher: Oxford University Press
ISBN: 9780199559695
Release Date: 2014-03
Genre: History

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.

The Law of Armed Conflict

Author: Howard M. Hensel
Publisher: Routledge
ISBN: 9781351887007
Release Date: 2017-09-29
Genre: Law

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.

Law on the Use on the Force and Armed Conflict

Author: Robert Cryer
Publisher:
ISBN: 1783474882
Release Date: 2017-01-27
Genre:

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.

War Law

Author: Michael Byers
Publisher: Open Road + Grove/Atlantic
ISBN: 155584846X
Release Date: 2007-12-01
Genre: Law

“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

Extraterritorial Use of Force Against Non State Actors

Author: Noam Lubell
Publisher: Oxford University Press
ISBN: 9780199584840
Release Date: 2010-05-27
Genre: Law

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.

International Law and the Classification of Conflicts

Author: Elizabeth Wilmshurst
Publisher: Oxford University Press
ISBN: 9780199657759
Release Date: 2012-08-02
Genre: History

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.

Die neuen Kriege

Author: Herfried Münkler
Publisher: Rowohlt Verlag GmbH
ISBN: 9783644011212
Release Date: 2011-06-01
Genre: Political Science

Das Zeitalter der zwischenstaatlichen Kriege geht offenbar zu Ende. Aber der Krieg ist keineswegs verschwunden, er hat nur seine Erscheinungsform verändert. In den neuen Kriegen spielen nicht mehr die Staaten die Hauptrolle, sondern Warlords, Söldner und Terroristen. Die Gewalt richtet sich vor allem gegen die Zivilbevölkerung; Hochhäuser werden zu Schlachtfeldern, Fernsehbilder zu Waffen. Herfried Münkler macht die Folgen dieser Entwicklung deutlich. Er zeigt, wie mit dem Verschwinden von klassischen Schlachten und Frontlinien auch die Unterscheidung von Krieg und Frieden brüchig geworden ist, und erörtert, wie man den besonderen Gefahren begegnen kann, die von den neuen Kriegen ausgehen.

International Law and the Use of Force by National Liberation Movements

Author: Heather A. Wilson
Publisher: Oxford University Press
ISBN: 9780198256625
Release Date: 1990
Genre: Law

Winner of the 1988 Paul Reuter Prize awarded by the International Committee of the Red Cross for a major work in the field of humanitarian law. This book examines two branches of the international law of armed conflict as they apply to national liberation movements. After a brief explanation of the traditional law, the book explores the development of the idea that there is a right of 'peoples' to self-determination in international law.

The Law of Armed Conflict the Use of Military Force and the 2001 Authorization for Use of Military Force

Author: Committee on Armed Services United States Senate
Publisher: Createspace Independent Publishing Platform
ISBN: 150078754X
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.

International Law and Armed Conflict

Author: Noëlle Quénivet
Publisher: T.M.C. Asser Press
ISBN: STANFORD:36105134510598
Release Date: 2010-03-18
Genre: Law

While a more traditional approach to international law and armed conflict focuses on the use of force and international humanitarian law, this book incorporates other international legal regimes such as human rights law, international private law, international criminal law, environmental law, as well as regional and national legal regimes. In doing so, a broader picture emerges and reveals the current challenges faced by lawyers in regulating armed conflicts. This in turn highlights the complexities, intricacies, and the interrelationship of the different regimes that may be rendered applicable to armed conflicts. Also, in taking a more inclusive approach, this book provides a new perspective on both existing and emerging themes in this field. The topics covered in this book include privatisation of warfare, protection of the environment, use of natural resources to support armed conflicts, involvement of children in armed conflicts, the relationship between peace, security and justice.

Cyber Operations and the Use of Force in International Law

Author: Marco Roscini
Publisher: Oxford University Press
ISBN: 9780199655014
Release Date: 2014-03
Genre: Law

Recent years have seen a significant increase in the scale and sophistication of cyber attacks employed by, or against, states and non-state actors. This book investigates the international legal regime that applies to such attacks, and investigates how far the traditional rules of international humanitarian law can be used in these situations.

Rethinking the Law of Armed Conflict in an Age of Terrorism

Author: Christopher A. Ford
Publisher: Lexington Books
ISBN: 9780739166536
Release Date: 2012
Genre: Law

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. "