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Author: Dapo Akande Publisher: Oxford University Press ISBN: 0192872206 Category : Political Science Languages : en Pages : 289
Book Description
The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.
Author: Dapo Akande Publisher: Oxford University Press ISBN: 0192872206 Category : Political Science Languages : en Pages : 289
Book Description
The Individualization of War examines the status of individuals in contemporary armed conflict in three main capacities: as subject to violence but deserving of protection; as liable to harm because of their responsibility for attacks on others; and as agents who can be held accountable for the perpetration of crimes.
Author: Yoram Dinstein Publisher: ISBN: 9780511722936 Category : Aggression (International law) Languages : en Pages : 0
Book Description
"This is the seminal textbook on the law of international armed conflict, written by the leading commentator on the subject. Focusing on issues arising in the course of hostilities between States, it explores lawful and unlawful combatants, war crimes, prohibited weapons, the distinction between combatants and civilians, legitimate military objectives, and the protection of the environment and cultural property. The title's exploration of the law as it applies to recent conflicts in Iraq and Afghanistan underlines the topicality of the subject. Recent increased case law and treaties are explored. In addition, Professor Dinstein comments on the ICRC project on Direct Participation in Hostilities and the Harvard HPCR project on Air and Missile Welfare. In this new edition, the most complex fields in the subject are made more accessible to the student, while the academic rigour which was a hallmark of the first edition is retained"--Provided by publisher
Author: Chiara Redaelli Publisher: Bloomsbury Publishing ISBN: 1509940553 Category : Law Languages : en Pages : 340
Book Description
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
Author: Thomas X. Hammes Publisher: Zenith Press ISBN: 1616737557 Category : History Languages : en Pages : 336
Book Description
4GW (Fourth Generation Warfare) is the only kind of war America has ever lost. And we have done so three times – in Vietnam, Lebanon, and Somalia. This form of warfare has also defeated the French in Vietnam and Algeria, and the USSR in Afghanistan…As the only Goliath left in the world, we should be worried that the world’s Davids have found a sling and stone that work." – Chapter 1, The Sling and the Stone: On War in the 21st Century. The War in Iraq. The War on Terror. These types of "asymmetrical" warfare are the conflicts of the 21st century – and show how difficult it is for the world's remaining superpower to battle insurgents and terrorists who will fight unconventionally in the face of superior military power. This change in military conflict may seem sudden.
Author: Publisher: Oxford University Press ISBN: 0198898940 Category : Law Languages : en Pages : 449
Book Description
Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Author: Austin Sarat Publisher: Stanford University Press ISBN: 0804788863 Category : Law Languages : en Pages : 249
Book Description
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
Author: Alexander Wentker Publisher: Oxford University Press ISBN: 0198900929 Category : Law Languages : en Pages : 321
Book Description
The question of what constitutes an armed conflict has featured prominently in international law debates. However, international lawyers have paid less attention to the inextricable question of who is engaged in a conflict, focusing solely on whether there is an armed conflict. Against this backdrop, Alexander Wentker's Party Status to Armed Conflict in International Law explores why it matters and how it is established that a State, international organization, or armed group is a party to an armed conflict. The first part of the book demonstrates that party status is central at all levels of the international legal regulation of armed conflicts, with parties to armed conflict being both key addressees of international law and central reference points for regulating individuals and third parties. In response to increasingly widespread cooperation practices, the book's second part advances an analytical framework for identifying parties to conflicts with multiple parties on the same side (or 'co-parties'). Party Status to Armed Conflict in International Law is aimed at academics, students, and practitioners seeking to understand how armed conflicts are legally regulated. It presents readers with a refined account of how responsibilities are allocated in armed conflicts, enabling deeper insight into how international law can best respond to the realities of contemporary conflicts.
Author: Claus Kreß Publisher: Oxford University Press, USA ISBN: 0197537375 Category : Law Languages : en Pages : 527
Book Description
"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
Author: Dapo Akande
Author: Dapo Akande
Author: Yoram Dinstein
Author: Chiara Redaelli
Author: Jens David Ohlin
Author: Thomas X. Hammes
Author: 
Author: Austin Sarat
Author: Alexander Wentker
Author: Claus Kreß
Author: Jens Bartelson